ENVIRONMENTAL LAW SYSTEM IN INDONESIA TO ADAPT CLIMATE CHANGE
IMPACT FOR SUSTAINABLE DEVELOPMENT: OPPORTUNITIES AND
CHALLENGES
ENVIRONMENTAL LAW SYSTEM IN INDONESIA TO ADAPT CLIMATE CHANGE
IMPACT FOR SUSTAINABLE DEVELOPMENT: OPPORTUNITIES AND
CHALLENGES
MARET PRIYANTA Faculty of Law, Universitas Padjadjaran(UNPAD),
Bandung Indonesiae-mail : [email protected] 12TH ANNUAL
COLLOQUIUM OF THE IUCN ACADEMY OF ENVIRONMENTAL LAWRovira i Virgili
UniversityTarragona, Spain. 30 June to 5 July 2014
BACKGROUNDSource :
http://sujarman81.files.wordpress.com/2011/08/peta-indonesia-bagus-besar.jpgIndonesia
is an archipelago state in South East Asia.Volcanic mountain range
from South to East (most island).Natural resources (marine,
forestry, mining, biodiversity, etc)Impacts of the Climate Change
to Indonesia. (human and other life form, business activity,
etc)LEGAL BASIS CLIMATE CHANGE IN INDONESIA Indonesia bound by the
international convention on the climate change Transform into
National Law;Based on Kyoto Protocol (international law) ,
Indonesia has no obligation to reduce emission;State Responsibility
in the constitution (..to protect present and next
generation)INDONESIAN POLICY CONCERNING CLIMATE CHANGESpeech
President Republic of Indonesia Susilo Bambang Yudhoyono concerning
Climate Change in meeting G-20 di Pittsburgh September, 25 2009
:
We (Indonesia) have to move forward based on the principle of
common but differentiated responsibilities and respective
capabilities. Both developed and developing nations must do more
and do away with business as usual mentality. Developed nations
must take the lead, but developing nations must also seriously do
their part. My last point is on what Indonesia has done and what we
will do because we also want to be part of the solution. Indonesia
of course faces problems and challenges in our national
development: growth, unemployment, poverty, infrastructure
building, education and health care. But we have decided and
established a National Climate Change Action Plan with the targets
of 2020 and 2050.
We are devising an energy mix policy including LULUCF (Land Use,
Land Use Change, and Forestry) that will reduce our emissions by 26
percent by 2020 from BAU (Business As Usual). With international
support, we are confident that we can reduce emissions by as much
as 41 percent. This target is entirely achievable because most of
our emissions come from forest related issues, such as forest fires
and deforestationPercentage of Business As Usual (BAU) and
International Support to Reduce EmissionBusiness Activity/
SectorEmission Reduction Plan (Gigaton CO2e)Action Plan26 %15
%(Total 41 %)Peatland/ Lahan Gambut0.280.057Forest and Land Fire
ControlWaste0.0480.030Waste Management and Integrated Waste
Management in UrbanForestry0.3920.310Forest Fire Control, Combating
Illegal Logging, Deforestation Prevention and Community
Participation.Agriulture0.0080.003Intro low-emission rice
varieties, irrigation water efficiency, use of organic
fertilizersIndustry0.0010.004Energy efficiency, use of renewable
energyTransportation0.0080.008The use of biofuels, engines with
higher fuel efficiency standards, improving TDM, the quality of
public transportEnergy0.0300.010Demand side management, energy
efficiency, developing renewable energySumber : Indonesia
Environmental Status, 2009, Ministry of Environment Republic of
IndonesiaTHE ISSUES CONCERNING CLIMATE CHANGE IN INDONESIAHow The
Perspective and Policy Of Indonesian Government To Mitigation and
Adaptation of Climate Change Impact from State Responsibility
principles? How Implementation of Regulation Concerning Climate
Change In Indonesia including the constraints and barriersand how
the connection between it to Support Sustainable Development?
ENVIRONMENTAL LAW SYSTEM IN INDONESIA
Source :
http://sujarman81.files.wordpress.com/2011/08/peta-indonesia-bagus-besar.jpgLAW
IN INDONESIA (Protection of Environment)Indonesia is a state based
of law. (Constitution 1945) Law in Indonesia is Regulation
(Positive law)Regulation is primary supported by court decisions in
developing.Based on Indonesia Constitution, Earth and water and the
natural riches contained therein shall be controlled by the state
and used for the welfare of the people/ society.State must protect
all the people of Indonesia and the entire country of Indonesia and
to promote the general welfare. The statement of protecting the
entire nation and the country of Indonesia from the perspective of
environmental law, that the state has a responsibility towards
conservation and environmental protection both of human resources,
natural resources and cultural resourcesNORM IN INDONESIA
SOCIETYESTABLISHED OF LAW (RULE-REGULATION) IN INDONESIA
OPPORTUNITIES AND CHALLENGES ON CLIMATE CHANGE ISSUES
Source :
http://sujarman81.files.wordpress.com/2011/08/peta-indonesia-bagus-besar.jpgOPPORTUNITIES
ON CLIMATE CHANGE ISSUES IN INDONESIAGovernment policy and some
arrangements have existed and continue to be prepared in the
context of climate change mitigation and adaptation. Legal
regulations that have adopted the climate change convention (hard
law and soft law)Institutional formation has specialized in
relation to climate change Enactment, the National Action Plan for
Greenhouse Gas Emission Reduction as a climate change mitigation
Environmental license mechanism systems approach to climate change
mitigation National development plans with the approach to climate
change adaptationSpatial Planning regulation that support the
mitigation and adaptation of climate change (control management of
environment)Opportunities for international cooperation with regard
to climate change mitigation and adaptationCHALLENGES ON CLIMATE
CHANGE ISSUES IN INDONESIAEnvironmental law development system
based climate change. Policy of Government related Development
PlanImplementation of international agreements and treaties on
climate change in national law .Harmonization and synchronization
of legislation, especially in the field of natural resources that
affect climate change.Regional autonomy and authority in the area
of climate change issues.Legal education for all communities about
the importance of participation in mitigation and adaptation to
climate change.business activities that exploit natural resources
(mitigation)Law compliance and enforcement related to business
activities which causes climate change.MITIGATION AND ADAPTATION
POLICYIN INDONESIA FROM BUSINESS ACTIVITYBUSINESS ACTIVITY/
SECTORREGULATIONPOLICY
PeatlandWasteForestryAgriultureIndustryTransportationEnergyAction
Plan: President Republic of Indonesia Regulation No.61 Year
2011onNational Action Plan for Greenhouse Gas Emission Reduction
President Republic of Indonesia Instruction No. 10 Year 2011 on New
Permit/ License Delays and Improving Governance of Primary Forest
and PeatlandGovernor Central Kalimantan Regulation No.10 Year
2012of the Regional Strategy and Plan of Action REDD + Central
Kalimantan Province.
Low Cost Green Car | LCGC (policy for reduce pollution from
transportation with tax reduction)Green open space policy in every
city from spatial regulation.Institution of Climate Change National
CouncilImproving dan reform Licensing Mechanism (environmental and
spatial regulation)Public/ society Participation.
Conclusion and Planning from Law AspectImplementation (rule of
law) of existing regulation concerning climate change must be
develop and improve.Improving law compliance and law enforcement
regulation concerning climate change to control business
activityImproving legal education for government, communities,
society, corporation about the importance of participation and
commitment in mitigation and adaptation to climate change.Legal
awareness to the regulation and policy to commit mitigation and
adaptation of climate change to support sustainable
development.
Thank YouGraciasTerima Kasih