Transcript environmental law system in indonesia to adapt climate change

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 Indonesia
e-mail : [email protected]
THE 12TH ANNUAL COLLOQUIUM
OF THE IUCN ACADEMY OF ENVIRONMENTAL LAW
Rovira i Virgili University
Tarragona, Spain. 30 June to 5 July 2014
BACKGROUND
Source : http://sujarman81.files.wordpress.com/2011/08/peta-indonesia-bagus-besar.jpg
 Indonesia 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
UNITED NATIONS
FRAMEWORK
CONVENTION ON
CLIMATE CHANGE
(UNFCCC) 1992
KYOTO PROTOCOL
TO THE UNITED
NATIONS
FRAMEWORK
C'ONVENTION ON
CLIMATE CHANGE
1997
• RATIFICATION
(NATIONAL LAW
No. 6, 1994)
• RATIFICATION
(NATIONAL LAW
No. 17, 2004)
 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 CHANGE
Speech 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 deforestation”
Percentage of “Business As Usual (BAU) and
International Support” to Reduce Emission
Business Activity/
Sector
Peatland/
Gambut
Waste
Lahan
Action Plan
Emission Reduction Plan
(Gigaton CO2e)
26 %
15 %
(Total 41 %)
0.28
0.057
Forest and Land Fire Control
0.048
0.030
Waste Management and Integrated Waste
Management in Urban
Forestry
0.392
0.310
Forest Fire Control, Combating Illegal
Logging, Deforestation Prevention and
Community Participation.
Agriulture
0.008
0.003
Intro low-emission rice varieties, irrigation
water efficiency, use of organic fertilizers
Industry
0.001
0.004
Energy efficiency, use of renewable energy
Transportation
0.008
0.008
The use of biofuels, engines with higher fuel
efficiency standards, improving TDM, the
quality of public transport
Energy
0.030
0.010
Demand side management, energy efficiency,
developing renewable energy
Sumber : Indonesia Environmental Status, 2009, Ministry of Environment Republic of Indonesia
THE ISSUES CONCERNING CLIMATE
CHANGE IN INDONESIA
How 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 barriers
and how the connection between it to Support Sustainable
Development?
Source : http://sujarman81.files.wordpress.com/2011/08/peta-indonesia-bagus-besar.jpg
ENVIRONMENTAL LAW SYSTEM
IN INDONESIA
LAW 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 resources
•
•
•
•
NORM IN INDONESIA SOCIETY
MORAL
NORM
(CULTURE)
RELIGIOUS
NORM
LEGAL
NORM OF
DECENCY
NORM
ESTABLISHED OF LAW (RULE-REGULATION)
IN INDONESIA
International
Convention
YURISPRUDENSI
(court decisions)
Traditional Law
(Local Wisdom)
REGULATIONS/
RULES
Customary
law
Norm (Religion,
Moral, etc)
Source : http://sujarman81.files.wordpress.com/2011/08/peta-indonesia-bagus-besar.jpg
OPPORTUNITIES AND
CHALLENGES ON CLIMATE
CHANGE ISSUES
OPPORTUNITIES ON CLIMATE CHANGE
ISSUES IN INDONESIA
• Government 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
adaptation
• Spatial 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 adaptation
CHALLENGES ON CLIMATE CHANGE
ISSUES IN INDONESIA
• Environmental law development system based climate change.
• Policy of Government related Development Plan
• Implementation 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 POLICY
IN INDONESIA FROM BUSINESS ACTIVITY
1.
2.
3.
4.
5.
6.
7.
BUSINESS
ACTIVITY/
SECTOR
Peatland
Waste
Forestry
Agriulture
Industry
Transportation
Energy
REGULATION
POLICY
1. Action
Plan:
President
Republic
of
Indonesia
Regulation
No.61
Year
2011 on National Action Plan
for Greenhouse Gas Emission
Reduction
2. President
Republic
of
Indonesia Instruction No. 10
Year 2011 on New Permit/
License Delays and Improving
Governance of Primary Forest
and Peatland
3. Governor Central Kalimantan
Regulation No.10 Year 2012 of
the Regional Strategy and Plan
of Action REDD + Central
Kalimantan Province.
1. Low Cost Green Car | LCGC
(policy for reduce pollution
from transportation with tax
reduction)
2. Green open space policy in
every
city
from
spatial
regulation.
3. Institution of Climate Change
National Council
4. Improving
dan
reform
Licensing
Mechanism
(environmental and spatial
regulation)
5. Public/ society Participation.
Conclusion and Planning from Law Aspect
• Implementation (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
activity
• Improving
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 You
Gracias
Terima Kasih