Indonesia and Conservation Outside Forests: An Option to Untangle Authority Dualism in the Implementation of Essential Ecosystem Area
Penulis/Author
Dr. Agustina Merdekawati, S.H., LL.M. (1); Prof. Dr. Marsudi Triatmodjo, S.H., LLM. (2); Dr.rer.silv. Sandy Nurvianto, S.Hut., M.Sc. (3)
Tanggal/Date
2021
Kata Kunci/Keyword
Abstrak/Abstract
As a country rich in biodiversity, Indonesia realizes the importance of carrying out conservation efforts outside the conservation area, where most of the biodiversity is located. Indonesia has adopted the concept of Essential Ecosystem Area (EEA) into various statutory instruments. However, the implementation of EEA experiences various obstacles stemming from the dualism of authority between the central and regional governments to establish and manage EEA. Act No. 23/2014 on Regional Government delegates the implementation to be performed by provincial governments. Whereas, Government Regulation No. 28/2011 regulates the exercise of EEA protection to be integrated with conservation efforts carried out by the central government. This study is aimed to analyze the legal implications of the dualism of authority in EEA implementation and provide recommendations for a regulatory scheme to mitigate this problem by considering the factors relevant to the regulatory implementation aspects. This research is normative, utilizing legal interpretation on the relevant laws and regulations to understand the implementation aspects of EEA in Indonesia. The results showed that the existence of dualism of authority has had implications in several aspects, namely: the authority in establishing, managing, and financing EEA that have hindered in achieving the objectives of establishing EEA. This study recommends integrating and modifying the implementation of EEA through: a) affirming the authority to establish and manage EEA is on the regional governments; and b) involvement of the Central Government in approving the establishment of EEA and providing management support.
