Reading materials: Environment Law in Development: Lessons from the Indonesian Experience (the whole book) Regulating Disasters, Climate Change and Environmental Harm: Lessons from the Indonesian Experience (some chapters) Other materials Domein Verklaring: Undocumented land belongs to the state (the Dutch) to make the exploitation legal from the Dutch point of view In the 70s the government didnt allow the export of raw woods, only processed woods. UNFCCC divides countries into divisions: Annex countries (Developed countries) have obligation to do something to reduce emission Non-annex countries (Developing countries) do not have obligation to reduce emission 1972 is the first important milestones, because before 1972, the law is only trans boundary pollution (very limited). It only focuses on specific issues or even species. Then it increased into more global problems after 1972. In 1972 theres the first earth summit on Stockholm Declaration 1972. (5th of June 1972) Principle 21 of Stockholm Declaration: every state has the right and sovereignty to exploit their own natural resources; to use their own natural resources according to their own policy. But at the same time, the state has also obligation or responsibility to ensure that the exploitation would not lead to pollution or damage to other countries or areas beyond their national jurisdictions. No harm principle It is inspired by the roman principle: use your own property but not to create a loss/damages/problems to other people Eco development concept emerged Law No. 4 of 1982 concerning general provisions on environmental management (UULH): It contains the principle of Pembangunan berwawasan lingkungan (Eco Dev). Problems of the law:
There is no structure; the acts in Indonesia are in line with the
other acts. There is no acts that are superior to another acts Contains very general provisions, sometimes some provisions do not have implementing acts. Sometimes it is replaced by a new one. When an act does not have implementing regulation, it could not be implemented.
In 1992, there is a Rio Conference which results into 5 famous
results: Rio Declaration: o Principle 2 which is similar to principle 21 o There are some famous principles resulted from this conference The agreement on UNFCCC The agreement on CBD (Convention on Biological Diversity) Forestry Principles Agenda 21: The programs to implement/achieve sustainable development at global level, national level even local level. The programs are put in this Agenda 21. Indonesia also has Agenda 21 Indonesia. Law No 23 of 1997 on Environment Management: It introduce the principle of Pembangunan Berkelanjutan yang berwawasan lingkungan (eco and sustainable development). It does not use implementing regulations anymore because it didnt work last time in Law No. 4 of 1982 this provision will be implemented directly without having implementing regulations. However, this act was under a very centralized government (soeharto) and then we had tremendous changes in law in 1998. Johannesburg 2002: Rio +10 or the world summit on Sustainable Development: Millennium Development Goals Law No. 32 of 2009 on environment protection and management. Why we need the new one? The previous law contains a lot of provisions that are meant for centralized government It contains some mistakes We have ratified a lot of protocols/conventions, and how do we implement these protocols/conventions? We follow dualism system we implement international provisions directly without having to translate them into our own law. Whats happening now related to UNFCCC? This year is really important because there will be a climate change conference in Paris in November 2015. There is a big chance there will be some kind of commitment made by developing countries including Indonesia to reduce emission. We dont have obligation to
reduce emission, but we have commitment to reduce emission by
16% by 2020. In 2012 there is a Doha amendment; an amendment to the Kyoto Protocol. Japan has law on climate change after having obligation to reduce emission based on Kyoto Protocol.