via Jakarta Post, 01 July 2021: An editorial by Dr Natali Pearson on Indonesia’s job creation law and how it affects underwater cultural heritage.
The era of commercial shipwreck salvage in Indonesia came to an end with the introduction of a new Heritage Law No. 11/2010. Since that time, Indonesia has had a moratorium on commercial shipwreck salvage, made permanent through Presidential Regulation 44/2016. However, the situation has again changed with the introduction of the Job Creation Law No. 11/2020, which seeks to facilitate business, reduce bureaucracy and boost investment. New regulations associated with the Job Creation Law have been coming into effect over the last few months. One of these is Presidential Regulation No. 10/2021, which effectively overturns the permanent moratorium and reopens shipwreck salvage to commercial investment.
Commercial exploitation is explicitly banned by the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage, but, as it is not a signatory, Indonesia is not obliged to abide by these principles. These changes have come through the Office of Coordinating Minister for Maritime Affairs and Investment. The ministries usually charged with managing shipwrecks and maritime heritage – the Maritime Affairs and Fisheries Ministry and the Education and Culture Ministry – must now navigate the complex new laws and draft additional technical regulations in order for commercial surveying and salvaging activities to re-commence.
In doing so, they will need to consider how to enforce archaeological standards and involve local maritime archaeologists. It is understood that officials are considering how to restrict the sale of salvaged objects such that they cannot leave the country. This points to a rising heritage nationalism in Indonesia and suggests a greater willingness to recognise shipwrecks with foreign origins or cargo as essential considerations in conceptualising Indonesian maritime history.
Source: An ocean sewn with islands – and shipwrecks – Fri, July 2 2021 – The Jakarta Post
