Balancing Between Land and Sea Rights—An Analysis of the ‘Pagar Laut’ (Sea Fences) in Tangerang, Indonesia

The construction of a fence in the sea made of bamboo sticks along the coastal areas of Tangerang, Indonesia, caused controversy and many public debates in most Indonesian media. The case is, however, not unique. It provides a means to pose three questions related to the following topics: (1) which controversies and contradictions between formal procedures and informal practices related to land and sea rights exist; (2) which values and perceptions of the involved stakeholders play a role in these controversies and contradictions; and (3) which kinds of boundary work or boundary objects could resolve these controversies and contradictions. The theoretical embedding for the subject lies in the theories of territory and space on the one hand and formal institutional models of land and sea on the other. The analytical model used to evaluate the controversies and contradictions is McKinsey’s 7S model, while the data used are extracted from journalistic public media reports and social media. The results show a significant discrepancy between the values connected to formal and informal territorial claims, as well as a lack of enforcement capacity to address this discrepancy. Instead, the policy response exhibits an excessive and uncontrolled discretionary space for all stakeholders to pursue their own interests. The theoretical novelty is that institutional models governing territorial sea and land rights, restrictions and responsibilities need to be aligned and connected based on detecting where and how the values of affected stakeholders can be harmonized, rather than enforcing a unilateral system of values of disconnected systems (of either land or sea). The policy implementation implications are to create stricter procedural steps when providing building permits in coastal areas, with better enforcement and stricter control. Soft governance campaigns should raise awareness of what is allowed and required for coastal building permits and reclamations. Additionally, there could be quicker, more thorough inspections of emerging or hidden practices of non-approved fencing and non-approved occupation of coastal land and sea.