Proceeding - Kuala Lumpur International Business, Economics and Law Conference Vol. 4.
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IMPACT OF COAL WASTE AS FISHERMEN OF WOMEN BUSINESS MICRO, SMALL AND MEDIUM ENTERPRISES IN THE COASTAL FISHERIES SECTOR
Nur Sulistyo Budi Ambarini
Email: nursulistyobudiambarini@gmail.com
Ema Septaria
Faculty of Law
University of Bengkulu; 38125 Bengkulu, Indonesia
Email: emaseptaria@gmail.com
ABSTRACT
Indonesia as a maritime country, based on the Regulation of the Minister of Marine Affairs and Fisheries No. 1 of 2009 has 11 (eleven) Regional Fisheries Management (WPP). In general utilization of fisheries at WPP carried by coastal communities through catching, processing and marketing of marine fish. In the fisheries business activities, approximately 47% of women working in the fisheries sector fishermen mainly processing and marketing of fishery products. The activity in the scale of SMEs, traditional in nature. Sustainability is highly dependent on the results of fishing and conditions of coastal and marine ecosystems. Coal mining in Bengkulu province located in the upper watershed (DAS) that flows downstream in the coastal region of the city of Bengkulu. Coal washing wastes that pollute rivers impact on coastal ecosystems and fish resources in coastal waters (sea). In turn greatly affect the outcome of the fishing and fish processing business women do fishing. This can be detrimental to women's businesses are legally fishing and the role of its existence has not been accommodated in legislation especially Fisheries Law No. 31 of 2004 and Act No. 45 tahun2009. This requires setting both regional and national level that can provide protection to women fishing. Such arrangements not only in fishing but also with regard to the activity of mining investment.
Keywords: waste, coal, female-fishermen, business, fisheries.
INTRODUCTION
Indonesia is a country that has a relatively abundant natural resources. Pursuant to Article 33 paragraph (3.4) of the Constitution of the Republic of Indonesia Year 1945, natural resources must be used for the welfare of the people in a sustainable and environmentally sound. This means that the utilization of natural resources for development should take into account sustainability and environmental preservation. Nevertheless, the utilization of natural resources with one another can affect each other both positively and negatively. As well as coal mining and fishing activities in some areas in Indonesia. Both of these resources are in addition to the largest natural resource exploitation forestry experience.1
Coal as minerals and fishery resources have an important role in supporting the national economy. Resource potential is large enough to meet the demand for energy and food in the country and is also a source of foreign exchange. More than 161.34 billion tons of coal contained in 20 provinces including South Sumatra and East Kalimantan. Both regions have the highest levels of coal resources equivalent to 75% of the total coal resources in Indonesia. Similarly, as a maritime nation, is the manufacturer of the 5th largest fish in the world after China, Peru, the United States, and Japan. Exporting raw materials of fish (fresh fish) from the sub-sectors
1 Daryono, “Penyusunan RPJM Lingkungan Hidup”, Forum Diskusi, Yogyakarta, 7 April 2009.

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of fisheries and aquaculture. With the potential for sustainable / MSY of 6.4 million tonnes per year, the national fisheries production is estimated to be 76% derived from fishing activities in the sea.2
The utilization of coal as an economic resource potential into the real economy is done by mining activities under the Act No. 4 of 2009 on Mineral and Coal. Coal mining is a series of activities that may affect and potentially cause pollution and damage to the environment around it. Coal is a mineral that is in the earth. Mining business through a series of mining activities directly or indirectly alter the landscape. Similarly, the manufacturing and purification processes produce products other than coal as an energy source also produces waste that can have negative impacts on the environment and other natural resources, such as fisheries resources.
Fishing is a renewable natural resource, which is essential for human life as a source of food (animal protein). Potential fishery resources have an important role in the national development of both aspects of economic, social, security and ecological. 3 Based on Law No. 31 of 2004 and Act No. 45 In 2009, the fishery is a business system that includes pre-production, production, processing and marketing. These activities are interrelated and interdependent with each other, and technically grouped into three sectors namely the primary, secondary and tertiary. Fishing activities are mainly secondary and tertiary sectors (processing and marketing) is mostly done by women in coastal areas. Nevertheless, the sustainability of the processing and marketing activities can not be separated from the process of production of fishing carried out by fishing (male) in the sea. In fishing activities, the availability of fish resources is a key element in addition to human resources. Therefore, protecting and maintaining the availability of fish resources is very important, including the quality and quantity of environmental conditions that support the survival of fish resources.
RESEARCH METHOD
Writing this article is based on research using the law of non-doctrinal approach to socio-legal research. The study was conducted in the coastal areas of the city of Bengkulu. This research requires the primary data collected through field research with observations and interviews. Secondary data was collected through the study of literature, in the form of legal materials and non-law that can support problem solving research. The data were analyzed qualitatively.
IMPACT OF COAL MINING ON THE ENVIRONMENT
Coal is one of Indonesia's natural wealth pledge to support the national economy. Constitutionally, the state of RI has the right of possession to exploit natural resources under Article 33 (3) Law of the Republic of Indonesia in 1945. In managing the national economy, Indonesia adopts a mixed economy that is in addition to the state or government to achieve the prosperity of the people also involve the private sector and cooperative. . In this context, according to W. Friedman,4 there are four (4) functions of the state to carry out its responsibilities, the role of service providers, regulators, entrepreneurs, and umpire. According to its function as a regulator, the state set up under Article 33 paragraph (4) of the Constitution of the Republic of Indonesia Year 1945, the utilization of natural resources including coal mines should be implemented with the principles of the national economy which are environmentally sustainable principles. Further use of natural resources is done through investment activities regulated by Law No. 25 of 2007 on Investment.
2 Apridar, Ekonomi Kelautan, Jakarta, Graha Ilmu, Cet. 1., 2010, p. 93.
3 Suhana, “Redesain Kebijakan Ekonomi Kelautan dan Perikanan Untuk Kesejahteraan Rakyat dan Kelestarian Sumber Daya”, Jurnal Transisi, Volume 6 No. 2/2010, ISSN: 1978-4287, hlm.1.
4 W.Friedman, “ The state and the Rule of Law In A Mixed Economy” Stevens & Sons, London, 1971, Pp.104.1.2. Dalam Rostow, Eugene V., The State and The Rule of Law in a mixed Economy” (1972). Faculty Scholarship Series. Paper 2142, http://digitalcommons.law.yale.edu/fss_paper/2142.

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Utilization of coal mines require huge capital and high technology. Therefore, mining is a field that is open to investment from both within and outside the country. In the economic investment in the coal mining business provides many benefits for national and regional development. Investments or investment is an important pillar in the economic growth of a country due to the country's economic growth to be sustainable requires continuous capital.5 Aside from being a source of foreign exchange, as well as moving the economy in the area that can generate income as well as the local community. From the social aspect, where mining can open the isolation of an area and creating jobs that can reduce unemployment. On the other side of the ecological aspect, coal mining activity can also have negative impacts on the environment and other natural resources.
Mining is an industrial activity to take advantage of the natural resources of coal in the form of carbon deposits in the earth. According to Law No. 4 of 2009 on Mineral and Coal Mining, Article 1 paragraph (6), includes several stages of mining activities that directly or indirectly the activity can cause problems for the environment and natural resources around them. Environmental issues such as soil erosion, water and air pollution caused by mining, processing, transportation and use of coal products. In addition to water and air pollution, leaching and combustion process also produces solid waste containing mercury, uranium, thorium, arsenic, and other heavy metals. These substances have an effect on human health. According to the World Health Organization (WHO) in 2008 and the environmental groups in 2004, coal particulate pollution is estimated to shorten around 1 million lives each year worldwide, including nearly 24,000 lives a year in the United States.6
Referring to Article 1 (6) of Law No. 4 In 2009, coal mining is the economic activity that involves many stakeholders,7, and is inseparable from the surrounding environment. According sure Addinul (1997), the environment and economic activity have relevance, because the environment provides the main functions as: (1) resource that provides raw materials (raw materials); (2) a source of pleasure or recreation (comfort services); (3) a return of the waste (sink) or waste products.8 Coal mining, especially open-pit mining (surface) result in losses to the ground. The impact of coal mining on the ground causing a drastic change local area. Damage to plants, animals, and humans occurs because of the destruction of habitat and environmental pollution. The elements contained in coal is a large group of various contaminants with a lot of effects on health and the environment.9
Law No. 25 of 2007 on Investment and Law No. 40 of 2007 on Limited Liability Companies, and Act No. 4 of 2009 on Mineral and Coal, has set an obligation to maintain and preserve the environment for investment activities related to natural resources such as coal mining. However, environmental issues related to mining activities are not easily avoided. Based on the Regulation of the Minister of Environment No. 05 of 2012 on the type of business and / or activities that are required to have an environmental impact analysis states that all distribution of marine mining in potentially serious effect of changes in biometry, coastal and marine ecosystems, disrupt the flow of shipping and natural processes in coastal areas including declining productivity of the region that could lead to the social, economic and health of fishermen and coastal communities. Social issues, the economy and the environment associated with the marine waters and coastal communities are not only caused by mining in the ocean alone. But also mining activities carried out in the mining area on the mainland.
5 Dhaniswara K. Harjono, Hukum Penanaman Modal, Jakarta: PT. RajaGrafindo Persada, 2007, p.68.
6 Next Big Future, . Quote: "The World Health Organization and other sources attribute about 1 million deaths/year to coal air pollution.", March (2011).
7 Sri Redjeki Hartono, Hukum Ekonomi Indonesia, Malang: Bayumedia Publishing, Cet. 2. hlm. 119- 121.
8 Sutikno; Maryunani, Ekonomi Sumberdaya Alam, Malang: Badan Penerbit Fakultas Ekonomi Universitas Brawijaya. Cet. 1. 2006. P. 76-77
9 Keating, Martha, Cradle to Grave: The Environmental Impact From Coal, Clean Air Task Force, 77 Summer Street, Boston, MA 02110, 2001, p.1.

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Various environmental issues arising in coastal and marine areas because of mining activity. Such as Pollution Case Buyat, ie, submarine tailings disposal resulting in contamination of the ocean sea, so that reduced fish catches and declining quality of local public health due to the operational Newmon Minahasa Raya (NMR) is not only a national but an international problem.10 Bangka Pos (October 24, 2012) reported statement of the Director of PT Timah Tbk, Sukrisno, that there are 6,230 units unconventional mining (IT) floating in the sea area of the Pacific Islands. This condition also occurs in the District of New Base Village Stone Belubang where unconventional tin mining occurred in 2010 broke so many fishermen who turned professional in the mining sector (Marfiani and Ariatma, 2011).
The impact of coal mining activity has generated a lot of problems for people, the environment and other natural resources. Lauri Myllyvirta of Greenpeace International said environmental health risks in the world is due to air pollution, and coal is the main cause. In Indonesia is estimated to have caused 60,000 deaths per year from lung cancer, stroke, respiratory disease and other problems associated with air pollution. Build dozens of coal power plants and coal mines will result in millions of Indonesian people are exposed to more toxic air pollution. The rivers and agricultural areas in Indonesia is a big problem due to coal mining wastewater. Farmers in East Kalimantan, in the Village Kertabuana reported a decrease in rice yields by half as a result of coal slurry containing water into the fields. Mahakam, Barito river in Kalimantan and Bengkulu, Palembang Musi River polluted by coal mining operations (Walhi, 2014).
Bengkulu River stretches along 48 miles of the upper reaches of the watershed in Central Bengkulu District downstream in the coastal areas in the city of Bengkulu. The river has been contaminated coal waste in the form of liquid and solid waste from the excavation and coal washing process. Residual waste in the form of washing coal solids settle and carried by the flow of the river to the estuary and coastal waters. These conditions greatly affect the ecosystem of the watershed Bengkulu from upstream to downstream. In addition to river water into drinking water taps Bengkulu city becomes unfit to drink, damaged river environment, also affect the reproduction of fish and marine life in estuaries and coastal waters. According Ardiyansyah Oka (2012), residual or waste coal washing from rivers meet upstream Bangkahulu washed into the sea so that disturb coastal ecosystems. Substrate coal so that it can cover the coral reefs die and destroy spawning in coastal marine biota. This will disrupt the lives of fishermen due to reduced fish populations, so most fisherman-turned- gatherer of coal in coastal areas.
Fishing became a source of food (protein) that is essential to meet the needs of local, national and worldwide. It also includes areas in the utilization of labor-intensive employment is large enough, so that may contribute to overcome the problems of unemployment and poverty alleviation. Under the Fisheries Act No. 31 of 2004 in conjunction with Law No. 45 In 2009, the fishery is a business system that includes a series of economic activities. In the context of the business as a system, a major component of the fishery has a structure consisting of the resource base, the primary fishing industry, and the manufacturing and trade.11 In addition to the resource base that is fish and non-fish, also involves the human system which simply grouped consists of fishermen, households and communities, processors, traders as well as the socio-economic environment.12 Human system is an important factor in the management and sustainable utilization of fishery resources as concepts put forward Anthony T Charles,13 should contain aspects of ecological sustainability, socioeconomic sustainability, community sustainability, institutional sustainability.
10 Leimona, Beria & Fauzi, Aunul. CSR dan Pelestarian Lingkungan Mengelola Dampak: Positif dan negatif. Jakarta, IBL.2008p.
11 Ahmad Fauzi. Ekonomi Perikanan, Teori, Kebijakan dan Pengelolaan. Jakarta: Penerbit PT. Gramedia Pustaka, 2010, P.25.
12 Widodo, Johanes; Suadi, Pengelolaan Sumberdaya Perikanan Laut, Yogyakarta: Gajahmada University Press, Cet. 2. p.29.
13 Charles, A.T., Sustainable Fisheries System, London: Blackwell Science, 2001

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With regard to the human system, traditionally there are division of labor between men (marine sphere) that fishermen and women (the realm of land / coastal) for handling, processing and marketing of fish catches. In this case the involvement of women have an important role, not only for the welfare of families of fishermen but also the sustainability of fishing communities in coastal areas in general. Based on the concept of the triple roles (Caroline Moser, 1993; Dewayani and Chotim, 2004: 25) that the coastal women have played three roles at once to deal with domestic work, production and management of communities simultaneously.14 The third role of coastal women put on the private sphere (domestic) as well as public areas running a productive role for the economic earning potential and co-manage the community that led to the socio-economic interests of the family. The involvement of women (wives of fishermen) in public areas in a coastal family is not only beneficial for the survival of the household, an increase in the capacity of self, and the social status and social structure of society, but to contribute to the socio-economic dynamics of the local community. Therefore, women (wives) is not only a social and cultural potential but also potential in economic development (Ahmad Mulyadi, 2011: 201).
In the context of the economic development of fisheries, women are more of a role in the secondary and tertiary sectors. Approximately 50% of the fishermen work done by women. Woman Indonesian fishermen do the work of collecting fishery and work 17 hours a day to work on post-retrieval processing of fishery products, such as fish drying, repairing nets, and prepare himself for a husband at sea, even the fish trade in the market. In Cambodia, women contribute at least 20% of fish production annually through small-scale fishing [Poh Sze Choo. 2008. Women in Capture Fisheries and Aquaculture: identifying issues; providing solutions. The WorldFish Center Asian., Page 5]. Vietnamese women are closely involved with the processing of fish. In the aquaculture sector, 82% of the workers are women, while in the service of the fishery is 62%.15 Kiara study states 48 percent of household income generated from fishing fisherman women's economic activity. Start peeling the shells, looking at the sea Cilong, selling milkfish and shrimp rebon, to make and sell shrimp paste.16
At the national level there are 867 391 Indonesian women workers in the field of processing of fishery products in 2011, compared to men of 486 160 people in 63 725 fish processing units (UPI). Elucidation of Article 20 paragraph (1) of Law No. 31 of 2004 tenyang Fisheries, said that the fish processing is the series of activities and / or treatment of fish raw material to the final product for human consumption. Fish processing industry is classified into one of the food industry because of the nature of the resulting product is a source of food (protein) for humans. Fish processing basically aims to extend the durability (preserve) the fishery which has the properties quickly broken / rotten. In addition to obtaining value-added products, processing also aims to bring and expand fishery products to the market and consumers in the community. In this case, women have an important role, especially in small-scale fisheries activities (SMEs) and traditional. Traditional treatment is generally done on an individual basis in the home as a cottage industry processors (home industry). Using simple technology and is a tradition that produces the type of processed fish products such as dried / salted, boiled, smoked fish, crackers fish / shrimp, shrimp paste, paste and so on.
Processing industry is a sub-system of the fishing business that produces secondary products with the input (raw material) of primary products (catch / farming). Fish processing sub-sector has a strategic role in enhancing the contribution of the fisheries sector to the national economy sustainable. In fact, a total of 13.8 million working in the fisheries sector is only 10 percent of the work in the processing sector. Therefore, the future need to develop at least 10 thousand units of village-scale fish processing business. It is necessary to strengthen village-based downstream fishery products, because Indonesia will enter the ASEAN Economic Community in 2015, and the fisheries sector is one of the 12 priority sectors to be liberalized.17
14 Kusnadi, Keberadaan nelayan dan Dinamika Ekonomi Pesisir, Yogyakarta: Pusat Penelitian Wilayah Pesisir dan Pulau-Pulau Kecil, Universitas Jember dan Penerbit Ar-RuzzMedia, Cet. 1, 2009, p. 102. 15 Kiara, Perempuan Nelayan Indonesia Kerja 17 Jam Sehari Tanpa Diakui, diakses http://www.langitperempuan.com/perempuan-nelayan-indonesia-kerja-17-jam-sehari-tanpa-diakui/, 16-12- 2008
16 Kiara. (2012). http://www.langitperempuan.com/perempuan-nelayan-jawa-dominasi-pasca-panen- hasil-laut/
17 Riza Damanik, Gresnews, June 5, 2014

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Industry business development or processing of fishery products have good prospects especially SMEs traditional processing or scale typical of women fishing. Philosophically, it is in line with the national goals set forth in the state of RI Preamble to the Constitution of the Republic of Indonesia, 1945, Article 27 paragraph (2) and Article 33 (3 and 4) of the Constitution of the Republic of Indonesia in 1945 to create a society of Indonesia fair and prosperous. The development of fish processing by SMEs (female fishers) is essentially an effort to provide a level playing field, which has great access to income generation for the poor. It is also an effort to alleviate poverty of coastal communities cope with the economic recovery, especially domestic fishermen or processors. Socially processing as fishing off had an effect on the expansion of employment opportunities that can be given to family members, especially women fishing. It also gives more opportunities for women to participate in economic activities, so as to have access to resources for development18.
Woman fishing in Asia face discrimination and non-priority in resource ownership, access to livelihood and education. The international community, and even local community, do not understand the position of women as a fisherman because in existence, the role of women in the management of marine fisheries has not been recognized, so that their work is not appreciated (Kiara, 2008). Based on data from the Ministry of Maritime Affairs and Fisheries (2011), women actually do the work or effort in the field of fish processing. Nevertheless, in his position as well as the processing businesses and workers have not received judicial recognition in the legislation. In contrast to the small fishing and small fish, especially fish processors small scale and micro businesses are not regulated in Law No. 31 of 2004 and Law No. 45 of 2009 on Fisheries.
COAL WASTE AND ACTIVITIES OF WOMEN FISHERMEN
It has been described earlier that coal mining activities in addition to energy sources also produce waste products that can cause adverse effects on humans, the environment and other resources. Coal mines are indispensable to meet energy needs, but also posed a danger threatening the existence of human beings and the environment. The damage caused has been happening since the beginning of mining, burning up its use as an energy source. It does not only happen around the mine site, but also deep into the various regions that are not related to the mining area. As happened in the coastal areas of Bengkulu. Waste coal mining derived directly performed in Central Bengkulu mining areas, as well as other areas are done through the port transport Baai Island in the city of Bengkulu.
In ecology, the presence of residual solid waste coal washing and processing along the bottom of the river to the mouth of Bengkulu in coastal and marine areas has caused pollution and damage to ecosystems around the watershed (DAS). River water pollution has led to a decrease in its function as a source of drinking water taps. Similarly, ecosystem damage that occurs as deforestation, soil erosion, silting of rivers and other causes of degraded river ecosystems and coastal fisheries habitat for the breeding sites of the river and marine biota. This resulted in reduction of fish resources in coastal waters are a source of livelihood of coastal communities were mostly fishermen.
From the social aspect, the accumulated solid waste coal in the river bed and sea to attract around rivers and coastal communities to make as a source of livelihood. Solid waste coal can still be used as an energy source. Therefore, people are trying to collect the coal and sell to collectors who will distribute to consumers. Coal waste collection activity from the river or coastal waters either directly or indirectly also worsen the
18 Nur Sulistyo B Ambarini. (2012). “Perlindungan Hukum Usaha Mikro Kecil dan Menengah di Bidang Perikanan Dalam Mewujudkan Pembangunan Berkelanjutan”, Semarang, PDIH-Universitas Diponegoro (Dissertation, unpublished), 2012, p.382.

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condition of coastal ecosystem destruction. Reduced fish resources in coastal waters fishing communities makes it difficult to get fish even lose their source of livelihood. Therefore, many people who originally were fishermen and fishery processing waste collector turned into coal. These conditions will ultimately affect the activity of women who generally work as fishermen or marketer processing of fishery products.
As also noted in the previous description that women as economic actors-scale fishermen in fisheries SMEs have many weaknesses both in terms of capital, knowledge, technology, skills and so on. Similarly, the legal position has not gained the recognition and legal protection are adequate. The existence of coal waste that damages marine fisheries ecosystems will memperarah these conditions can even threaten the existence of female fishers as SMEs in the field of fisheries. Hence the need for regulation and empowerment of existing laws in an attempt to provide legal protection for women fishers. These settings both in the field of fisheries and coal mining. Arrangements are more focused on the application level in the area, due to both resource utilization settings are relatively complete in the laws and regulations that apply nationally. Thus the legal empowerment of the national Law on Fisheries and Mining, to be followed up with the settings in the regulation of fisheries and mining business that considers the existence of women as entrepreneurs. In other words, local regulations on fisheries and mining are gender responsive.
CONCLUSION
Fishery resources and mining is a potential natural wealth into basic capital in the development of the national economy. Constitutionally both the natural resources within the state's control, but their use may be made by the community. However, the use was in the field can occur contradiction that can harm various parties, both from the aspect of social, economic and environmental. Coal mining activities that cause pollution and damage to coastal and marine environment, the cause of reduced fisheries resources is a key element of business systems fisheries. It can harm the fish processing business conducted fisherman women with an important role in the fishery business system in Indonesia. It actually has been set up in a variety of regulations based on the Law No. 31 of 2004 on Fisheries and Law No. 4 Year 2009 on Mineral and Coal. But the implementation of these regulations has not been optimal. Therefore, empowering the existing regulations is very important. Fisheries Act and Mining in practice need further regulation in the form of local regulations and other implementing regulations are making it more effective gender responsive implementation in the region.

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