Book contents
- Frontmatter
- Contents
- List of contributors
- Acknowledgements
- 1 General introduction
- Part I Conservation needs and priorities
- Part II Conservation with and against people(s)
- Part III Legal and governance frameworks for conservation
- 23 Introduction to Part III
- 24 Protected-area management in Indonesia and Malaysia: the challenge of divided competences between centre and periphery
- 25 Protecting sovereignty versus protecting parks: Malaysia's federal system and incentives against the creation of a truly national park system
- 26 What protects the protected areas? Decentralization in Indonesia, the challenges facing its terrestrial and marine national parks and the rise of regional protected areas
- 27 Learning from King Canute: policy approaches to biodiversity conservation, lessons from the Leuser Ecosystem
- 28 Conclusion to Part III
- 29 General conclusion
- Index
- References
26 - What protects the protected areas? Decentralization in Indonesia, the challenges facing its terrestrial and marine national parks and the rise of regional protected areas
from Part III - Legal and governance frameworks for conservation
Published online by Cambridge University Press: 12 November 2009
Book contents
- Frontmatter
- Contents
- List of contributors
- Acknowledgements
- 1 General introduction
- Part I Conservation needs and priorities
- Part II Conservation with and against people(s)
- Part III Legal and governance frameworks for conservation
- 23 Introduction to Part III
- 24 Protected-area management in Indonesia and Malaysia: the challenge of divided competences between centre and periphery
- 25 Protecting sovereignty versus protecting parks: Malaysia's federal system and incentives against the creation of a truly national park system
- 26 What protects the protected areas? Decentralization in Indonesia, the challenges facing its terrestrial and marine national parks and the rise of regional protected areas
- 27 Learning from King Canute: policy approaches to biodiversity conservation, lessons from the Leuser Ecosystem
- 28 Conclusion to Part III
- 29 General conclusion
- Index
- References
Summary
Introduction
Since Indonesia's rapid push towards decentralization beginning in 1999, it has been its natural resources that have been most heavily exploited by regional governments. There are numerous causes for this trend, the major one being the provisions of Law No. 25/1999 (superseded by Law No. 33/2004), which mandated that up to 80% of natural-resource revenues be redirected to the regional governments. This was a change from a mere 20% prior to 1999. Another cause was the overly broad and vague language of the original law on regional autonomy, Law No. 22/1999 (superseded by Law No. 32/2004), which led regional governments to manage resources in a manner that, in reality, was far beyond the parameters allowed by the larger legal framework (i.e. ultra vires or beyond their powers). A third cause was the lax enforcement regime and rampant corruption in the natural-resource sectors, which allowed regional governments to engage in rent-seeking activities independent of the legal framework.
This exploitation has put a strain on Indonesia's national parks and other protected areas in a number of ways. Most directly, many of these exploitative activities have occurred illegally within the protected areas themselves. More indirectly, where exploitative activities have increased in the nation's forests and coastal waters, the existing protected areas have had to bear the additional burden of maintaining the ecological functions of the larger ecosystem, whether in terms of preserving species diversity and abundance, or protecting sensitive habitats.
- Type
- Chapter
- Information
- Biodiversity and Human Livelihoods in Protected AreasCase Studies from the Malay Archipelago, pp. 405 - 428Publisher: Cambridge University PressPrint publication year: 2007
References
Asian Development Bank (2002). Draft country governance assessment report: Indonesia. Jakarta, Indonesia: ADB.
, , et al. (2001). The Impacts of Decentralization on Forests and Forest-Dependent Communities in Kabupaten Malinau, East Kalimantan : Case Study 3 on Decentralization and Forests in Indonesia. Bogor, Indonesia: Center for International Forestry Research (CIFOR).Google Scholar
(2001). The new Indonesian laws relating to regional autonomy: good intentions, confusing laws. Asia-Pacific Law and Policy Journal, 2, 1.Google Scholar
Campbell, J. (2002). Forests for the people, indigenous communities (masyarakat adat) or cooperatives? Plural perspectives in the policy debate for community forestry in Indonesia. In & eds., Which Way Forward? – Forests, Policy and People in Indonesia. Bogor, Indonesia: CIFOR.Google Scholar
(2001). Decentralization of Policies Affecting Forests and Estate Crops in Kotawaringin Timur District, Central Kalimantan: Case Study 5 on Decentralization and Forests in Indonesia. Bogor, Indonesia: Center for International Forestry Research (CIFOR).Google Scholar
Casson, A., Setyarso, A., Boccucci, M. & Brown, D. (2005). Illegal logging and law enforcement in Indonesia: draft summary, results from the WWF /World Bank Alliance assessment of illegal logging and law enforcement (2002–2004).
Dutton, I. (2005). If only fish could vote: the enduring challenges of coastal and marine resources management in post-reformasi Indonesia. In , ed., The Politics and Economics of Indonesia's Natural Resources. Singapore : Institute of Southeast Asia n Studies, pp. 162–178.CrossRefGoogle Scholar
Fay, C. & Sirait, M. (2004). Indonesia 's agrarian and forestry legal frameworks: challenging the dual system of land tenure jurisdiction. Paper presented at the Institute on Land Tenure, Jakarta, Indonesia, 11–13 October 2004.
& (2002). The making of the big bang and its aftermath: a political economy perspective. In Can Decentralization Help Rebuild Indonesia? Atlanta, GA: International Studies Program, Andrew Young School of Policy Studies, Georgia State University, 1–3 May 2002.Google Scholar
Lynch, O. J. & Harwell, E. (2002). Whose natural resources? Whose common good? Towards a new paradigm of environmental justice and the national interest in Indonesia. Jakarta, Indonesia: CIEL (Center for International Environmental Law).
(2001). Decentralization, Local Communities and Forest Management in Barito Selatan District, Central Kalimantan : Case Study 1 on Decentralization and Forests in Indonesia. Bogor, Indonesia: Center for International Forestry Research (CIFOR).Google Scholar
Ministry of Forestry, UNESCO & CIFOR (2003). Guidebook of the 41 National Parks in Indonesia. Jakarta, Indonesia: Ministry of Forestry, UNESCO and CIFOR.
(2002). Mapping Indonesia's Forest Estate from the Lawyer's Perspective: Laws, Legal Fictions, Illegal Activities, and the Grey Area. Jakarta, Indonesia: Report to the World Bank for the Forest Law Enforcement Governance and Trade (FLEGT) Group.Google Scholar
Patlis, J. (2005a). New legal initiatives for natural resource management in a changing Indonesia: the promise, the fear and the unknown in the politics and economics of Indonesia's natural resources. In ed., The Politics and Economics of Indonesia's Natural Resources. Singapore: Institute of Southeast Asian Studies, pp. 231–247.CrossRefGoogle Scholar
(2005b). The role of law and legal institutions in determining the sustainability of integrated coastal management projects in Indonesia. Ocean and Coastal Management, 48, 450–467.CrossRefGoogle Scholar
, , & (2001). Integrated coastal management in a decentralized Indonesia: how it can work. Jurnal Pesisir & Kelautan (Indonesian Journal of Coastal and Marine Resources), 4, 24–39.Google Scholar
Patlis, J., Tangkilisan, N. A., Karwur, D. et al. (2003). Study case developing a district law. In & eds., Koleksi Dokumen Proyek Pesisir 1997–2003, Seri Reformasi Hukum. Narragansett, RI: Coastal Resources Center, University of Rhode Island.Google Scholar
(2004). Retheorizing the presumption against implied repeals. California Law Review, 92, 497.CrossRefGoogle Scholar
& . (2001). The Effects of Indonesia's Decentralization on Forests and Estate Crops in Riau Province: Case Studies of the Original Districts of Kampar and Indragiri Hulu: Case Studies 6 and 7 on Decenztralisation and Forests in Indonesia.Bogor, Indonesia: Center for International Forestry Research (CIFOR).Google Scholar
Rhee, S., Kitchener, D., Brown, T. et al. (2004). Report on biodiversity and tropical forests in Indonesia. Submitted in accordance with Foreign Assistance Act Sections 118/119, 20 February 2004 to U.S. Agency for International Development, Jakarta, Indonesia.
(1999). Kajian Hukum dan Kebijakan Pengelolaan Kawasan Konservasi di Indonesia. Jakarta, Indonesia: Indonesia Center for Environmental Law.Google Scholar
UP-MSI ABC, ARCBC, DENR, ASEAN (2002). Marine Protected Areas in Southeast Asia. Los Banos, Philippines: ASEAN Regional Centre for Biodiversity Conservation, Department of Environment and Natural Resources.
(2002). Application of FSC Principles 2 & 3 in Indonesia: obstacles and possibilities.Jakarta, Indonesia: WALHI & AMAN.Google Scholar
(2001). Indonesia: Environment and Natural Resource Management in a Time of Transition. Washington, DC: World Bank.Google Scholar