Developing a Legal Framework for Integrated Coastal Resource Management in Indonesia Coastal Zone As

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Developing a Legal Framework for Integrated
Coastal Resource Management in IndonesiaCoastal
Zone Asia Pacific Conference BangkokMay 2002

• Maurice Knight, Indonesia Coastal Resources
  Management Project
• Eko Rudianto, Ministry of Marine Affairs and
  Fisheries
• Sapta Ginting, Ministry of Marine Affairs and
  Fisheries
• Irwandi Idris, Ministry of Marine Affairs and
  Fisheries
• Jason Patlis, Indonesia Coastal Resources
  Management Project

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1999 - Ministry of Marine Affairs and Fisheries
Created in November

• Six Directorate Generals Created
• Capture Fisheries
• Culture Fisheries
• Monitoring, Enforcement, and Surveillance
• Research and Development
• Capacity and Institutional Development
• Coastal and Small Island Affairs

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1999 - New Law No. 22 Decentralizing Management
Authority Passed

• Delegation of management authority from Central
  to District level for almost all areas of
  governance
• Exceptions and Provisions in Law 22/1999
• 5 areas of governance still at national level
  finance, foreign, defense, religion, justice
• Central government can take additional areas of
  governance through additional regulations
• Central government can develop national policy in
  all areas (including new natural resource
  management laws).
• Existing and future national and provincial
  mandatory laws still apply to districts.

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1999 - New Law 25 Decentralizing of Financial
Authority

• Eighty percent natural resource revenues (mining,
  forestry, fisheries) go to regional governments
• New authority for taxation and budget development
  given to Districts/Provinces
• Increased local costs from new accountability
  procedures and absorbing national staff into
  local rosters

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1999 - New Law 25 Decentralizing of Financial
Authority

• Many questions about capacity and capability to
  handle new financial management responsibilities
• Resource-rich districts gain while poor ones
  receive comparatively less funding
• Increased incentive to exploit resources at local
  level

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General Results of Decentralization

• The Central Government Has New Role As Policy
  Advisor Rather Than Controller
• The District Becomes the New Power Center
• Authority to enact legislation in virtually all
  sectors
• Finance and budget control
• Still questions about capacity, higher
  administrative costs, and rapid exploitation of
  resources for funds
• The Province Implementation Role Unclear
• Authority for cross-jurisdictional issues
• Authority for issues that District does not yet
  have, or cannot have, capacity to manage
• Authority for administration of central
  government functions

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Marine Sector Decentralization Results

• Creation of Regional Maritime Zones of Control
• Out to 12 Miles for Province
• Out to 4 miles (1/3) of Provincial Waters Under
  District Control
• Law does not mention control of seabed and
  related resources or things such as traditional
  fishing rights
• Role of Central Government
• Direct Management Over Maritime Areas Beyond 12
  Miles
• Policy Guidance for All Maritime Areas

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Financial Results of Decentralization in the
Marine Sector

• Regional Distribution of Fisheries Resources
• 80 Fisheries Resources to Regions
• 20 to central
• Of the 80 to Regions
• 16 to Provinces
• 64 to Districts
• District Revenues Divided Equally Among All
  Districts Nationwide, Regardless of Point of
  Origin

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Need for an Integrating Law on Coastal Governance

• Significant Impacts Already In Progress
• Laws Vague and Too Broad
• Conflicts Between Sectoral Laws Not Resolvable
• Implementation and Legal Problems Difficult to
  Resolve Due to Low Capacity of Sectoral
  Authorities Judiciary System

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Questions Facing Ministry of Marine Affairs and
Fisheries

• How Can the Ministry of Marine Affairs
• stimulate local actions that conserve and manage
  resources and are still in line with the
  provisions of Laws 22 25 on decentralization
• eliminate local actions that overexploit and
  degrade natural resources?
• address both process and substance issues
• improve capacity for resource management?
• direct their budgets for resource management?
• develop legal framework for resource management?

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The Ministry Developed Broad Principles for
theNew Coastal Governance Law

• Notification and Public Participation Standards
• Process Standards (resource inventory, ID
  critical habitat)
• Facilitate Vertical and Horizontal Coordination
• Integration of Sectoral Development
• Standards for Fair and Consistent Application of
  the Law

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The Ministry Developed Broad Principles for aNew
Coastal Governance Law

• Voluntary Approach Consistent with
  Decentralization
• Dedicated Funding (revision of NR taxes, local
  allocations)
• Grants Program for Planning, Design and
  Implementation
• Support for National Research Agenda
• Certification and Review Program to Ensure
  Implementation and Consistency

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Nested Concept for the National Program
Law, National Policy and Guidelines from Central
Government
Provincial Law Development and Guidelines from
Province
District Law Development and Implementation by
Districts
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The Making of a Law
Line Ministry
Prepares legal justificationt and draft law
Cabinet Secretary
Plan to jump the queue
Reviews, revises, approves draft law
President
Submits draft law
Parliament
Passes the law
President
Signs law
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Progress for Developing National Coastal
Legislation

• November 2000 -
• Ministry of Marine Affairs and Fisheries Legal
  Justification Document
• Internal Meetings, Workshops, Vision Development
  and Alignment Throughout the Ministry
• December 2000 - March 2001
• Regional Scoping and Consultation Meetings
• Continued Work on Legal Justification

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Timeline for National Coastal Legislation

• March 2001 - Publication of First Draft of Legal
  Justification and Initiation of District
  Legislation in North Sulawesi
• MarchAug. 2001 Continued Consultations in
  Regions and Engagement of NGOs

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Timeline for National Coastal Legislation

• July-August 2001 - Inter-Departmental Meetings
  Begin
• November 2001 - Final Revision of Legal
  Justification - North Sulawesi ICM Law to
  Regional Parliament
• December 2001 - Legal Justification to President
  for Approval to Proceed with National Law
  Development

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Timeline for National Coastal Legislation

• January 2002 Formation of National Law Drafting
  Team by Ministerial Decree
• February 2002 - Initial Work on Draft National
  Law and Formation of NGO Working Group

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Timeline for National Coastal Legislation

• March 2002 Intensive drafting work and began
  political lobby with other departments and
  National Parliament Members
• April 2002 - Multi-Stakeholder Retreat held to
  Review Draft Law
• May 2002 National Coastal Conference
  Consultation in Bali

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Timeline for National Coastal Legislation

• June August 2002 Extensive Political,
  Institutional and Public Consultations, Revisions
  of Draft Law, Heavy Engagement with National
  Parliament.
• September 2002 Submission to National
  Parliament for Consideration

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Developing a Legal Framework for Integrated
Coastal Resource Management in IndonesiaTHANK
YOU!

• Maurice Knight, Indonesia Coastal Resources
  Management Project
• Eko Rudianto, Ministry of Marine Affairs and
  Fisheries
• Sapta Ginting, Ministry of Marine Affairs and
  Fisheries
• Irwandi Idris, Ministry of Marine Affairs and
  Fisheries
• Jason Patlis, Indonesia Coastal Resources
  Management Project