Indonesia and Conservation Outside Forests: An Option to Untangle Authority Dualism in the Implementation of the 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); IRKHAM AFNAN T H (4); VIVIN PURNAMAWATI (5); I GST. PUTU AGUNG (6)
Tanggal/Date
27 2022
Kata Kunci/Keyword
Abstrak/Abstract
As a country rich in biodiversity, Indonesia has realized the importance of conducting conservation
efforts beyond the designated conservation areas, where most of the biodiversity elements are located.
In fact, the country has adopted the concept of Essential Ecosystem Areas (EEAs) into various
statutory instruments. However, the implementation of EEA policies has faced various obstacles stemming from
the dualism of authority between the central and regional
governments in establishing and managing EEA. Act
No. 23 of 2014 on Regional Government delegates the
implementation to the provincial governments. At the
same time, Government Regulation No. 28 of 2011
mandates that the exercise of EEA protection be
integrated with conservation efforts conducted by the
central government. Therefore, this study aims to analyse
the legal implications of the dualism of authority in
EEA implementation and provide recommendations for
a regulatory scheme. The problem may be mitigated
by considering the factors relevant to the regulatory
implementation aspects. The results revealed that the
existence of dualism of authority has had implications in
several aspects, including the authority in establishing,
managing and financing EEAs, which have prevented
authorities from achieving the objectives of establishing
EEAs. Thus, this study also recommends the
integrated and modified implementation of EEA policies
in several ways
