Progress and Legal Framework Issues in the Establishment and Control of Indonesian Marine Protected Areas

Article type: Research Article

Authors: Nugraha, Adrian^{a; b; *} | Febrian, ^b | Chen, Robert Lihtorng^a

Affiliations: [a] Institute of the Law of the Sea, National Taiwan Ocean University, Keelung, Taiwan | [b] Faculty of Law, Sriwijaya University, Indralaya, Ogan Ilir, South Sumatera, Indonesia

Correspondence: [*] Corresponding author. E-mail: adriannugraha@fh.unsri.ac.id; ORCID: 0000-0001-6134-493X.

Abstract: This study aims to analyze the progress and issues of Indonesia’s marine protected area establishment and control. It addresses the legal framework and issues, such as unclear mandates, lack of coordination, and local stakeholders’ involvement in their establishment and control. The legal framework discussion aims to explain the complicated issues of the new Local Government Act promulgation. Furthermore, it provides alternative solutions through amending several provisions of the new Local Government Act associated with marine and coastal control. Firstly, inserting provisions regarding the Archipelagic County. Secondly, altering several articles related to the authority to manage marine resources. Thirdly, inserting provisions related to the jurisdiction of the Central Government in determining the classification and categorization of marine resource management. Fourthly, amending the articles in the new Local Government Act related to foreign affairs arrangement in the border area. In addition, this article concluded that a proper legal framework encourages sustainable marine and coastal management.

Keywords: Conservation, control, decentralization, government, legal framework, marine protected areas

DOI: 10.3233/EPL-201029

Journal: Environmental Policy and Law, vol. 51, no. 3, pp. 201-207, 2021