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My experience has been goodWhen they know about them and its not too complex or timeconsuming - yesThe Vale of Glamorgan Council has decided to increaseapprenticeship opportunitiesYes, good moveAverage age of apprentices in Vale of Glamorgan Council is 18years.Completion rates have improved dramatically.No guarantee of a job but most of the ones who complete theprogramme successfully get some work – usually a temporarycontract initially

Compilation and Review of Laws and Regulations in IndonesiaCompilation and Review of Laws and Regulations in Indonesiagovernment is responsible to encourage communityparticipation through various activities in the field offorestry that are beneficial and profitable.b. Identification measures to be taken to change/strengthen regulations as a basis to prepare newlawsIn principle laws and regulations are already inline with the objectives of sustainable tourismdevelopment. The absence of its implementationin tourism development at the moment, is becauseof the unavailability of successful examples and aguideline to realize the principles, foundations andobjectives of tourism development in the field.Therefore, it is more important to develop andinitiate the application of these measures andschemes effectively in order to implement theabove points in the guidelines for local tourismdevelopment. The next step is to document anddisseminate these experiences widely in order forthem to be replicated and adapted widely.3.1.3 Issues Related to the Target of SustainableTourism Developmenta. Review of laws and regulations and/or restrictiveclauses related to the target of sustainabletourism developmentIn order to ensure that all sites which have receivedinternational recognition such as Ramsar or WorldHeritage or Biosphere reserves, receive the statusand adequate legal protection as well as the supportof the national government, the government ofIndonesia has ratified the Ramsar Conventionthrough Presidential Decree No 48 of 1991 and theConvention of Protection of Cultural and NaturalHeritage sites through the Presidential Decree No.26 of 1989. In general, sites which possess importantbiodiversity at the national level such as nationalparks, nature reserves and preservation areas/marine conservation sites have received adequatestatus/legal recognition, have an operational planand receive government support. The legal statusand the basic functions of nature reserves andanimal protection reserves, nature conservation,national parks, protected forests, are regulated inLaw No. 5 of 1990 on the Conservation of NaturalResources and their eco systems.In addition, Law No. 41 of 1999 on Forestry stipulatesthat the forests have three functions : conservation,protection and production (Chapter 6, par 1)based on their functions as conservation forest,protected forest and production forest (Chapter 20)Conservation forests including nature protectionsites – flora fauna reserves and nature preservationforest – national parks, protected forest, and naturetourism parks.According to Government Regulation No. 68 of 1998on Conservation and Protected Areas, these siteshave to be managed based on a management plan(Chapter 12) which was drafted based on ecological,technical, economical, socio-cultural studies andcontain objectives of management (Chapter 14and 36) Forest planning and the drafting of aforest management plan, the utilization of forestsare regulated in more detail in the GovernmentRegulation No. 6 of 2007 on Forest Planning , thecompilation of a forest management plan and theutilization of forests.Sites with high international and national valuesare under the responsibility of the Departmentof Forestry and therefore the implementation ofthe laws is the responsibility of the Department ofForestry and its units in the field. Sites which havean environmental and biodiversity value are theresponsibility of the local government (provincial,regional, sub regional or operators) and both theWest java provincial government and the regionalgovernment in Ciamis have a Forestry Unit undertheir supervision.The status of marine conservation sites is that theirfunctions and regulations are governed separatelyin Law No. 27 of 27 on the Management of CoastalAres and Small Islands. These regulations contain thefollowing provisions for the conservation of coastalareas and small islands as follows:• Manage the preservation of coastal ecosystemsand small islands• Protect the migration flow of fish and othermarine biota.• Protect of the habitat of marine biota.• Protect traditional culture heritage sites.The decision on the conservation of a coastal or smallisland sites is made by the Minister of Marine Affairsand Fisheries while its implementation lies with theCentral and regional governments (Chapter 28).The above law also stipulates that the managementof coastal areas and small islands with regard toits planning, utilization, supervision and controlof interaction with humans who take advantageof these sites need to follow a natural process ofsustainability to increase the welfare of the peopleand to maintain the wholeness of the Republicof Indonesia as a United State (Chapter 5). Theimplementation plan of coastal areas and smallisland sites should consist of Strategic Planning,Zoning plans, and an implementation/operation plan.These conservation sites are known as RegionalMarine Conservation Sites (KKLD), as decreed bythe Minister of Marine Affairs, yet the authority forimplementation lies with regional governments.The Ciamis Regency itself has followed up onthese regulations by deciding on a Reserve MarineConservation location in the Ciamis Regency througha Decree of Head of the Regency and covers thelowest low tide coastal area up to 4 miles. Marinemanagement and control in the Ciamis Regency istherefore the responsibility of the local Marine andFishery unit.These regulations indicate that the authority forthe management of conservation areas, both onland and on the sea having a high biodiversityvalue, protection function and high support oflivelihood systems is usually with the government,and consequent operation costs become a burdento the government which only has limited economicresources. In fact many of these conservation sitesalso have potential and can function as tourism sitesand can contribute to conservation efforts.Income from tourism is categorized as Governmentincome outside tax income (on the utilization ofresources). According to Regulation No. 20 on StateIncome outside Taxes and Government RegulationNo. 2 on tariffs on Income outside taxes originatingfrom the utilization of forest areas for the benefit ofdevelopment outside forestry activities need to beimmediately handed over to the government coffers.There is no further regulation on responsibilitiesand mechanism to allocate part of these funds forconservation activities.However, in the field of tourism, the new tourismlaw No. 10 of 2009 has regulated that the localgovernment is to allocate part of the incomefrom the operation of tourism for the benefit ofnature and culture preservation (Chapter 59). Ina management of tourism based on principlesof justice, efficiency, transparency and publicaccountability, the amount allocated should beknown to the public.Other than government institutions, there are nongovernmentorganizations - PPLH; KMPP- which showconcern for nature preservation, conservation ofbiodiversity and are very valuable in contributing tothe attainment of the target of sustainable tourism,and this is recognized in related to implementationregulation.b. Identification of legal regulations which, withsome additions/revisions will overcome theissuesBasically the legal system in Indonesia alreadysupports the targets of tourism that supports theconservation of biodiversity. The problem is the lackof understanding of the community as a whole andits law enforcement.c. Identification of the necessary measures to betaken to strengthen existing regulations as abasis to prepare for the drafting of new lawsNGOs in support of tourism based on theconservation of biodiversity need to be assisted withknowledge of existing regulations. Other governmentinstitutions have disseminated material and~ 10 ~~ 11 ~

Compilation and Review of Laws and Regulations in IndonesiaCompilation and Review of Laws and Regulations in Indonesiainformation including legal regulations produced bytheir institutions using information technology, theservices of the Department of Culture and Tourism inproviding information which can be easily accessedby the community at large need to be up-graded,including the socialization of regulations.This condition is also occurring in the disseminationof information on the regional regulations in theCiamis Regency. There is a website available asa clearinghouse for information, yet the site forinformation on local/regional regulations have notbeen filled. Obviously, it is important to equip thissite with relevant necessary information.Decide on an economic mechanism in the protectedareas to channel part or all of the tourism incometo support conservation and future sustainablebiodiversity activities, such as conservation ofprotected areas, education, research or localcommunity development. The need to develop amechanism for the allocation of conservation fundswhich involves intra-institutions in order that thecontribution of local funds can be absorbed byconservation areas managed by different institutions.3.1.4. Issues Related to Environmental Assessmentand Managementa. Review of laws and regulations and /orrestrictive clauses related to the issues ofevaluation and implementation of impactassessmentThe implementation of sustainable developmentto increase welfare and the quality of life of thepeople and at the same time as a conscious effortto properly manage resources should be based onan awareness that all undertakings or activitieswill have an impact on the environment and needto be analyzed in the early stages of planning sothat that corrective measures can be planned fornegative impacts and positive impacts developedas early as possible. Government Regulation No.27 of 1999 on the Analysis of Impact Assessmentregulates the requests of proposals, their study andreview (including impact assessment, mitigationand implementation of impact assessment, decisionmaking, mediation methodology to be considered,conflict resolution including the use of traditionalmethods), and the approval of developmentactivities which are anticipated to have an importantand big impact on the environment.The government has also required the followingprovisions for those proposing tourism development:• Hotels of more than 200 rooms or over 5 Ha• Golf course of all sizes• Recreational parks over 100 Ha• Tourism resorts regardless of size,are to assess the potential impact of their proposaland to provide information on this to public/government authorities through a process ofnotification /announcement as regulated by theMinister of Environment Decree No. 17 of 2001 onthe type of business or activity which need to becompleted with an analysis of environmental impact.In addition to the development or tourism activitymentioned above, according to this decree:• Although the scale /size of a business or activityis smaller than that mentioned in the scale ascontained in the attachment of this decree,when there is a scientific base questioning theabsorption capacity and the resilience of theenvironment, and the likelihood that the activitywill have an important impact on the typology ofthe ecosystem, the Regent/mayor or Governor forthe area or the special administrative region of thecapital Jakarta, can request that an environmentimpact assessment (AMDAL) be carried out for theactivity.• A business or activity which is not mentioned inthe attachment of this Ministerial Decision, but islocated directly adjacent to a protected area needto be supplemented with an AMDAL.• In the event the Regent/Mayor or the communityconsider it important to suggest to includein the attachment business plans/activitiesnot yet included , but considered to likely havean important impact on the environment, theRegent/Mayor or community should pass onthis suggestion in writing to the Minister ofEnvironment.The regional government of Ciamis furthermore,in Regency Regulation No. 9 of 2007 on theimplementation guidelines of the RegionalRegulation of Ciamis No. 12 of 2005 on themanagement and control of the environment inCiamis stipulates the need to have an AMDAL carriedout for recreational parks over 100 ha. Recreationalparks of less than 100 ha in size need to possessan Implementation Plan and a plan to monitor theimpact of environment by the business.These regulations are in line with the United Nationsconvention on Biodiversity to (i) introduce anappropriate procedure which demands the study ofthe environment impact of the proposed projects,which are anticipated to have a negative impact onbiodiversity and to avoid or minimize these; whenappropriate allow for community participationthrough an established procedure; and (ii) introduceappropriate regulations to guarantee that thenegative impact and policies of a program on theenvironment and biodiversity have been carefullyanticipated (Chapter 14a and b)In the Ciamis Regency, the management ofenvironment is not yet specialized but is handledjointly by the Mining, Energy and Environment localoffices of the respective departments. This workingbecause of the relatively small environmentalproblems encountered compared with thosefound in the north and central regions of the WestJava province, where there are many industrialsites. In these regions/cities the managementof environmental issues are usually handled by aspecial Environment Management Body. In principle,all related government departments in Ciamis:Department of Forestry, the Conservation of NaturalResources Agency, Department of Fisheries andMarines, and other related authorities as well asthe private sector are given the right to manage abiodiversity site as well as protected area, and allthese agencies are responsible to implement theseregulations related to environmental protection.In the coastal sedimentation area which is a locallyprotected area, the supervision of its utilization alsoinvolves the Settlement and Infrastructure Office,assisted by the office of the Police unit and otherrelated offices (Regional Regulation of the CiamisRegency No. 14 of 2001 on Sedimentation Lines.The presence of community groups concerned withthe environment is available to serve as a controlmechanism on tourism activities by anticipatingthe impact which tourism is likely to cause, requestapproval of the related authorities and stakeholders.In order for this to work, the communityunderstanding on the regulations and impactassessment is required.b. Identification of legal regulations which, withsome additions/revisions will overcome theissuesBasically the existing regulations have managedthe process of application and approval ofcertain development and tourism activities, theresponsibilities of applicant to anticipate the impactand prepare mitigation plans. The understanding ofthese laws and regulations need to be disseminatedto tourism business players and the community,to enable entrepreneurs in implementing theirbusiness in an environmentally friendly manner,while the community can act as a social control ofdevelopment and tourism activities.While the construction of hotels, recreational park,tourism resorts and golf course -which requirechanges in the physical environment of the sites, areregulated in various regulations at both the nationaland regional levels, there are other tourism activitiesthat are unconfined to physical development incertain area, but could impact the environment, suchas tours, hiking , mountain biking , off road rides,etc. The planning of these activities requires carefulthoughts and environmental mitigation. Although nolaw exists yet to regulate these activities, the Tourismlaw requires tourism business operators to maintainthe preservation of nature and cultural environmentsand implement a standard of business operationand a competency standard in accordance withrequirements of the regulations. (Chapter 23).~ 12 ~~ 13 ~

Compilation and Review of Laws and Regulations in IndonesiaCompilation and Review of Laws and Regulations in IndonesiaAt a higher level, macro tourism development is alsocarried out by the local, provincial and regional/municipal government– which in accordancewith the Tourism Law No. 10 of 2009 on Tourismwhich explains that any tourism developmentneeds to based on master plan (Chapter 8). Theimplementation of this master plan naturally willresult in positive and negative impacts, thereforeanticipation and mitigation on these impacts shouldto be given high importance. Moreover, the samelaw also states that the central and the regionalgovernment are responsible to supervise andcontrol tourism activities with a view to preventand overcome various negative impacts on thecommunity at large(Chapter 23)To facilitate the implementation of this law, thispolicy needs to be enacted through regulations orguidelines for implementation. As stated before, inthe next two years, the implementation regulationfor Law No. 10 of 2009 needs to be compiled, inorder that the various implementing regulationsrelated to anticipation and environment impactmanagement included in this future implementationregulation.In addition, the existing Minister of Culture andTourism Decree No. KM.64/HK201/MKP/04 on theDevelopment of Regional Tourism could be a model/guideline for the provinces and regions/regency, toa certain area that does not have a master plan fortourism development (RIPPDA) yet for developingtheir tourism areas. However, this model has nottouched upon the importance of anticipation and theneed to provide for mitigation on the environmentalimpact. There is room to add this issue in this model.Tourism development has become an importantand prime economic activity, not only for the CiamisRegency but also nationally. Attention given to thepotential negative impact is inadequate as comparedto its positive impact. The more important thissector is in influencing economy of the regionand country, the more it will be in supporting itsmainstream and internalize the negative impacts oftourismc. Identification of the necessary measures to betaken to strengthen existing regulations as abasis to prepare for the drafting of new lawsSocialization of related regulations to:• Tourism business players and non-tourismbusinesses interested in investing in the tourismfield.• The community at large.Efforts to mainstream anticipatory actions andmitigation of negative impacts of tourism in thepolicies of tourism development at every level suchas:• The implementation Regulations No. 10 of 2009on Tourism• The implementation Regulations at the nationallevel that are still valid (such as the Decree of theMinister of Culture and Tours No. KM64/HK.201/mKP/04 on the development of tourism in theregions.• Regional regulations related to tourismPrepare and carry out the various standards andrequired certifications that have to be followed in theoperation of tourism• Prepare and introduce various voluntary actionsto be implemented in the operation of tourismsuch as certifications that are not required but aredesigned voluntary and various codes of conductsfor the tourism business.• Prepare and implement economic tools thatcan regulate access of visitors and operators tobiodiversity sites.Prepare and introduce various measures and toolsto manage the flow of visitors in such a way as tominimize the negative impact of tourism on theenvironment and biodiversity.3.1.5 Issues Related to Decision Makinga. Review of laws and regulations and/ orrestrictive clauses related to the issues ofdecision makingGovernment Regulation No. 10 of 1999 on AMDALwas compiled bearing in mind that an analysis ofthe impact on the environment is essential to theprocess of decision making for implementationplans of businesses or activities that will have a highimpact on the environment. It was decreed thatAmdal will be a part of the feasibility study of theproposed business and/or activity.(Chapter 2) Thisis an effort to make the decision making processtransparent and accountable to the public while atthe same time it is an approach where in all studiesrelated to environmental impact are thoroughlyconsidered in the decision making process.The above government regulation also allowsfor an open flow of information and communityparticipation as it requires the government and theinitiator to provide information to the communityon each activity before the environment impactassessment is carried out in order that thecommunity involved can voice suggestions, opinionsand reactions which need to be sent in writing tothe institution in charge , which will be responsibleto consider and further analyzed in the impactassessment study. (Chapter 33)In addition, members of the community affected,have to be involved in the process of the preparationof the proposal, the evaluation of this proposeddraft, the environmental assessment analysis,the plan to implement the study and to monitorthe impact on the environment. (Chapter 34) Alldocuments of the impact assessment, suggestions,inputs, and responses of the involved community,conclusions of the assessment committee, and thedecisions on the feasibility of the activity or businesson the impact of the environment will be availableto the public (Chapter 35) and by the institution incharged submitted to a documentation institutionand/or archive.The law in addition to regulating the processof environment impact assessment, alsomade stipulations for the operators to draft anenvironment management plan and a plan tomonitor the environment to prevent or minimize thenegative impact on biodiversity, as an integrated partof the AMDAL document, which will be submitted fordecision on the feasibility of the proposed businessor activity (Chapter 27).Chapter 32 further more requires the initiator ofthe business/activity to submit a report on theimplementation of the environment managementplan and the environment-monitoring plan to theinstitution that supervises the business/activity, theinstitution in charge of controlling environmentalimpact and the Governor. These related institutionswill:• Supervise and evaluate the implementation of thelaw on environment impact• Review the reports submitted by the operator ofthe business and/or activity.These reports and their evaluation will be sent to theMinister periodically at least twice within 1 year withcopies to the related institutions authorized to issuethe license and the governor.The law also gives authority to the authorizedinstitutions to revoke the decision on the feasibilityof the environment plan of a business or activity inthe following circumstances:• The operator moves the location and or activity.(Chapter 25)• Changes the design and/or process and/orcapacity and/or building material and/orsupporting material (Chapter 26)• The occurrence of a very basic change in theenvironment as a result of a natural disasteror other impacts occurring before or duringthe implementation of the business or activity(chapter 27)Nevertheless there is no paragraph regulatingcorrective actions that the operators are obliged tocarry out in the event the development of tourismactivity is halted midway. This opens opportunityto set up speculative tourism that is not thoroughlywell planned. In this situation, it likely thatsignificant changes in the environment occurredwhile the anticipated benefits of the activity didnot materialize. With a regulation which imposesa penalty or obligation to correct the damage,the operator can “wash his hands” off from thedegradation of the environment which his activityhas caused.~ 14 ~~ 15 ~

Compilation and Review of Laws and Regulations in IndonesiaCompilation and Review of Laws and Regulations in Indonesiaand recommended by international institutions thathave placed monitoring, evaluation and adaptationas an important aspect in the process of planning,and in their implementation is an important phase intourism development.To facilitate their implementation monitoring andevaluation need to be regulated in a regulation orimplementation guideline. As mentioned before,within the next 2 years, the implementationregulation for Law No. 10 of 2009 will be draftedas implementation regulations, making it possibleto have the various requirements for monitoringand evaluation to be contained in this futureimplementation regulation.In addition, there is the Decree of the Minister ofCulture and Tourism No. KM64.HK.201/MKP/04 onregional tourism development. Yet this guidelinehas not touched on the importance of carryingout with monitoring and evaluation in tourismdevelopment. Therefore this Ministerial Decreecould be supplemented to accommodate theaspect of monitoring and evaluation in the planningand implementation of an activity. The standardand format that have been developed by variousinternational institutions can be used as a reference.c. Identification of the necessary measures to betaken to strengthen existing regulations as abasis to prepare for the drafting of new lawsAttempt to mainstream monitoring and evaluation intourism development policies such as in:• implementation regulation of Law No. 10 of 2009on Tourism• existing implementation regulations at nationallevel (Minister of Culture and and Tourism DecreeNo. KM64/HK.201/MKP/04 on regional tourismdevelopment.)• Regional regulations related to tourismDraft technical regulations as a lower level asguidelines for evaluation.3.1.8. Issues Related to Adaptive Implementationa. Review of laws and regulations and/ orrestrictive clauses related to the issues ofadaptive implementationAs in the case with monitoring and evaluationthere are no explicit laws that regulate adaptiveimplementation. Adaptive implementation is closelyrelated to monitoring and evaluation. Only throughmonitoring and evaluation will it be known when it isnecessary to take an adaptive measure.As mentioned above, although it is widelyunderstood that implementation is a cycle ofactivities starting with planning, operation,monitoring and evaluation and recovery oradaptation, the laws which regulate the processplanning and development tourism and biodiversityin Indonesia have not adequately regulated theprocess or activity of monitoring and evaluation. Itis different from the guidelines on planning whichhave been issued and recommended by internationalinstitutions that have placed monitoring, evaluationand adaptation as an important aspect in the processof planning, and in their implementation is animportant phase in tourism development.The Minister of Culture and Tourism Decree canbe changed/strengthen to accommodate theaspects of monitoring and evaluation in the planimplementation. Attempt to mainstream adaptiveimplementation in tourism development policiessuch as in:• Implementation Regulation of Law No. 10 of 2009on tourism• Existing implementation regulation at nationallevel (such as The Minister of Culture and TourismDecree No. KM64/HK.201/MKP/04 on regionaltourism development.)• Regional Regulations related to tourism.Draft technical regulations as a lower level asguidelines for evaluation.3.1.9. Issues Related to Education, Capacity andAwareness Buildinga. Review of laws and regulations and/or restrictiveclauses related to the issues of education,capacity and awareness building on the planningof an integrated approach for tourism andbiodiversity managementEducation, capacity and awareness building areissues that receive a lot of attention in connectionwith both the planning and implementation oftourism and biodiversity activities. Yet, they aregenerally regulated separately. In general Indonesianow is giving more significant attention to educationas shown in the government’s commitment toallocate 20 % of the state budget to education. Thisconstitutes an important opportunity to increaseknowledge and awareness of the Indonesian peopleon tourism and biodiversity through both formal andnon-formal education channels.The UN Convention on Biodiversity which Indonesiahas ratified through the Law No. 5 of 1994 of theRepublic of Indonesia on the ratification of the UNConvention on Biodiversity binds all concerned toimprove and carry out educational programs onscientific and technical training for identification,biodiversity conservation and sustainable use and itscomponents (Chapter 12)Those related are responsible to advance andencourage awareness of the importance, andefforts necessary to conserve biodiversity, throughpropaganda in the media, including this topic ineducation programs, and if appropriate, cooperationwith other countries and international organizationsin the development of education and communityawareness programs for conservation andsustainable use fields (Chapter 13).Regulation No. 14 of 1999 on Forestry also upliftsthat human resources as a power and capable ofutilizing and developing science and technology asan important component in the management offorest conservation. High quality human resourcesare developed through research development,improvement of education, training and awarenessbuilding on sustainable forestry (Chapters 52 and55). Awareness building is an important programto increase knowledge and skills that can changeattitudes and behavior of the community towardswillingness and support of forest development andawareness on the importance of forestry resourcesfor mankind (Chapter 56). The above regulationalso obliged the business world in field of forestryto set aside investment funds for research anddevelopment, education and training as well asawareness building programs on forestry.In relation with nature tourism business,Government Regulation No. 18 of 1994 on theOperation of Nature Tourism in Buffer Zones inNational parks, and nature tourism parks has notregulated the responsibility of the operators inthe field of forestry to invest funds for researchand development, education and training as wellas awareness building programs on forestry. Themanagement of coastal areas as regulated inRegulation No. 27 o 2007 also provides for education,capacity and awareness building through education,training and capacity building activities to be carriedout by the government within the framework ofdeveloping human resources in the field of coastaland small islands management.This regulation appears to be more advanced thanthe regulation in the field of tourism and forestryas law No. 27 of 2007 also requires the governmentand local government institutions to empowerthe community (Chapter 63) to encourage variousactivities on coastal and small island resources thatshowcase sustainable management in such a way asto achieve, increase awareness and responsibility ofthe community in :• Decision making• Carry out implementation• Attempt partnership among the community, thebusiness world and with the government/localgovernment.• Develop and implement national policies in thefield of environment.~ 18 ~~ 19 ~

Compilation and Review of Laws and Regulations in IndonesiaCompilation and Review of Laws and Regulations in Indonesia• Using an environmentally technology• Prepare and disseminate information onenvironment, and• Grant awards to people with merit andachievement in the management of coastal areasand small islands.While, in the field of tourism, GovernmentRegulation No. 67 of 1997 on the implementation oftourism, education is more limited to the educationof tourism human resources though professionaleducation and training in tourism, at the elementary,secondary and tertiary levels as part of the nationaleducation and professional training, and trainingin the field of tourism includes standardization,accreditation and certification (Chapter 111).Development policies for Culture and TourismDevelopment (Presidential Instruction No. 16 of2005) give instruction to the Minister of NationalEducation to :a. Accelerate the inclusion of national history,personality development, high morale andmulticultural values in education.b. Increase appreciation of aesthetics and arts.c. Improve tourism activities among the youthduring school holidays and as extra curricularactivities.d. Improve the quality of education related totourismAt the moment, tourism education as a wholeis still focused on the training of tourism humanresources. However, The Minister of Culture andTourism Decree No. KM64/HK.201/MKP/04 onGuidelines on the development of local tourismmentioned that in addition to the improvement andcapacity building on of hotel management skilledworkers, restaurants, travel agencies, and guides;capacity building on foreign language skills amongthe stakeholders; the preparation and readiness ofhosts; also include the improvement of technicalskills in tourism management which theoreticallycomprises of planning, implementation, monitoringand maintenance of the various sites.Although the laws have targeted a governmentallocation of 20 % for the education budget, thishas not yet been readily implemented by centraland local governments. The attainment of the 20% proportion will be done in stages. The CiamisRegency is one of the most advanced regions toallocate development funds in its APBD (annualregional budget) and this is estimated to be 13%of the total budget. A higher level of educationwould eventually lead to a higher awareness inthe community to be involved in the process ofplanning, and attempts for an integrated planningand implementation process between tourism andbiodiversity.Table 2. List of Strategic Issues and their ImportanceIssue Explanation/sub issues Scale10The absence of a “code of Conduct” for operators and a “code of ethics” for visitors as an effort to organize visitors and toreduce destructive actionsAs a result, there is no mechanism to organize visitors in particular because the operators still give importance to set upmechanism to gain income only.Low human resources capacity within the operators, both the Dinas Pariwisata, as well as Perhutani which is theimplementer of TWA and the BKSDA as implementer of CA.This condition is reflected in the activities and the services provided by the operatorsDual operations in the TWA. Perhutani as the concession holder has not carried out its responsibilities to invest in the TWAarea and only collects entrance tickets . This prompted BKSA also as implementer to also collect tickets in particular becausePerhutani has not made any investment. As result at the moment there are two operators.No innovative mechanism has been created to solve the problem of haphazard garbage litter by visitors1. Weak Implementation of tourism inthe Pangandaran area and thenature Tourism area.10No action taken by operators towards street hawkers/vendors setting up their business in unauthorized areas.No action taken towards trespassers; hawkers; those collecting fire-wood and fishermen who enter the TWA andconservation sitesNo action taken towards community members or tourists who carry out destructive activities such as collecting live marinebiota, feeding animals resulting behavior changing, littering garbage.No action is taken towards staffs on duty who do not give entrance tickets to visitors.2. Weak law enforcement by operatorstowards violations of regulationboth in the Pangandaran tourismarea as well as in TWA and CA9Both the community and members of professional groups have not been involved at all in the planning for the developmentof the tourism area, they were involved only in the end process at the socialization of the plan designed by experts.The community has not been adequately involved in the implementation by the Pangandaran Tourism Office.3. The Community and members ofprofessional groups are not includedin the planning and implementationof tourism activities.10There is little information and inadequate socialization in the community on the benefits of conservation and the importanceof preserving natural resources and biodiversityThe community is still of the opinion that natural resources exploited now will not result in their decline, for example –marine biota were collected for souvenirs everyday are perceived to be always be available.4. Low awareness of the communityand visitors on the importance ofnatural resources conservation.9There is little information and socialization on cleanliness and environmental health.The community still considers cleanliness and environmental health as merely the responsibility of the operators and thegovernment rather than as an individual responsibilityInadequate education on cleanliness and environmental health at the household level.These interlinked conditions resulted in the habit of littering garbage by both community embers and visitors..5. Low awareness in the communityand by visitors on the importancecleanliness and environmentalhealth8Activities that reduce the population of fauna are still going on such as firewood gathering, collecting marine biota andtourism activities in the core conservation area.Diminishing grazing land and grass fields which was precipitated by the eruption of Mt. Galunggung in 1994 which destroyedvast surface vegetations.Level of sedimentation and abrasion resulting in a habitat changes.6. Habitat degradation and decliningpopulation of fauna such asbuffaloes and bulls10The feeding of wild animals changed their behavior resulting in dependence to visitorsCollecting marine biota for souvenirs.Entering core conservation area not meant for tourism7. Negative impact of tourism onbiodiversity9Destruction of coral reefs as a result of frequent visits and tourist boats.The uncontrolled increase of accommodation and the increase of population in the Pangandaran area affects present andfuture clean water supply.Decrease in quantity and quality of clean water supply.The dry season which is also the high tourist season affects water supply.8. Availability and reliability of watersupply~ 20 ~~ 21 ~

Compilation and Review of Laws and Regulations in IndonesiaCompilation and Review of Laws and Regulations in IndonesiaIssue Explanation/sub issues Scale7The benefits if the tourism sector has not reached the community leaving outside the tourism destination area.Core tourism business is controlled by entrepreneurs from outside the area while the community is only involved in smallscale business (last economic chain).The presence of tourism is closely linked to only a limited economic sectors (fishery) and has not been used to develop9. Benefits of the tourism sector havenot been properly distributed67several other economic sectors (coconut, agriculture, etc.)10. Poor partnership among economic No network among the existing professions based economic groups.players.No common understanding or agreement between players in economic sector in conducting bussiness and increasing profit,both in production, distribution, processing, and marketing activities.Overlap of oerational sites by economic players in the tourism area.Even though there are two dominant ethnic groups in Pangandaran, conflicts mostly occur on the issues of economiccompetition, not on ethnic or religion conflict.11. Lost Traditions Some traditions are in the process of extinction due to acculturation between local people with other cultures, not only atthe tourism context, but at family level due to TV programs, migration, or other Media.The lost of traditions can be both by rational choice of the local community members and forces of external factors, such ascontroversy on Cirengganis ritual. In Pangandaran, most traditions are lost by rational choice of people after consideringwhether those traditions are still useful or effective t in their social life, or other new ways are found which are moreefficient, such as between Wayang, Rengkong, and Ronggeng compare with modern Dangdut singing or solo keyboardattraction in wedding partiesLost traditions can also happen because the actors have no capacity and power to sustain them.412. Social Gap Social gap based on land ownership exists in Pangandaran, especially between the plantation entrepreneurs and small-scalefarmers and no-land farmers.6Prostitutes utilize facilities in Pangandaran for their operation, and thereby affecting the perception of Pangandaran as aarea for prostitution.13. Negative social impact ofdevelopment including tourismdevelopment.68Tour guides do not provide educational content and there are no interpretation boards in the tourist area.Existing tours do not provide enough educational contentThere is no accurate and correct information prepared to be used as a reference by tour guides.The capacity of tour guides is till limited and they do not have interpretation skills yet.14. The image of Pangandaran as amass tourism area15. Minimal education content inexisting tourism activities7The abundance of natural resources and potential for cultural activities in Pangandaran has not been optimized for thedevelopment of tourism in Pangandaran.Tourism in Pangandaran seems to be static and still depends on nature as attraction. This situation has been going on forover 10 yearsTourism characterized by seeking a “New Experience” is at the moment gaining interest, but has not been utilized as anopportunity in Pangandaran.16. Inadequate diversification intourism products in Pangandaran.10The activity and development of tourism in the Pangandaran area, both outside the designated area or inside have not paidattention the conservation of natural resources. On the other hand, conservation activities have also not been linked totourism activities. Actually tourism has a huge potential to increase awareness of community and visitors on the importanceof conservation of natural recourses and biodiversity.17. No linkage between tourismactivities and conservation3.2 Legal aspects related to the degradation of theenvironment in Pangandaran.3.2.1 Weak implementation of tourism both in thePangandaran area as well as in the natureTourism area.a. Review of laws and regulations and/ orrestrictive clauses related to the weakimplementation of tourism in the Pangandaranand Nature Tourism areas.Implementation – planning, implementation,monitoring and evaluation, feedback and recoveryare important considerations in the operation oftourism and involve many components – tourismattraction, accessibility, service etc. Policies andregulations were established to regulate thesevarious important tourism components. Through thePresidential Instruction No. 16 of 2005 on policiesto develop culture and tourism, the Head of Statehas instructed the Minister for Internal Affairs toamongst others to:• Encourage provincial, regional and municipalgovernments to plan tourism development,especially to improve the quality of touristattraction sites, service readiness , comfort andsecurity.• Encourage provincial, regional and municipalgovernments to protect and maintain historicalbuildings and archeological sites.While governors and Regents amongst other arerequired to:• Compile a Master Plan for regional tourismdevelopment (product development, marketingand facilities and services/human resources);• Conduct supervision and control of environmentsdegradation.• Develop information on investment opportunitiesin the field of culture and tourism• Increase of tourism through the Seven points toachieve admiration (Sapta Pesona), safety, order,cleanliness, comfort, beauty, friendliness andimpressiveness.• Implement a system for the management oftourism locations and the preparation of basicinfrastructure.• Develop tourism attractions in areas of tourismmovements and around the cities.Tourism in Pangandaran is implemented byindividual tourism operators, coordination ingeneral is attempted through networks of businessand professional associations, and is an informaland personal inter-professional and businesscoordination related with the business interestand profession of each member. It is therefore, notsolid, and comprehensive but general, leaving outenvironmental issues in the area.The guidance for the implementation of tourism isthe responsibility of the Ciamis local departmentof Culture and Tourism. There is an UPTD inPangandaran which seems to have the limitedauthority to organize the collection of entrancetickets to the area, but has no function or hasnot carried out leadership and coordinationamong all parties, which is a crucial factor in theimplementation of tourism involving so manygroups/components.In addition to this tourism UPTD, there is the villagegovernment responsible for village development. Thevillage has taken the initiative to organize tourismin the village and to increase the village economyby developing tourism such as in Cantigi and KarangBenda. However, this initiative in general stops atthe planning stage and cannot be realized. As it is, amuch bigger effort and initiative is needed than thatof the village government to realize these proposals.As in the case with the Pangandaran area, in generalimplementation is a big concern. In Chapter 9 ofRR18/1994 on the Operation of Nature Tourism inproduction zones in national parks, dense forest,and nature tourism parks, it is spelled out that theoperators of nature tourism have the rights to :• Manage the tourism facility according to thebusiness type granted in the business approval.• Receive compensation from visitors using theservices provided.• As the implementer of the nature tourism, theoperator is obliged to :~ 22 ~~ 23 ~

Compilation and Review of Laws and Regulations in IndonesiaCompilation and Review of Laws and Regulations in Indonesia• Rehabilitate the damaged caused by the operationof the business (Chapter 11)• Guarantee safety and order for the visitors• Participate in guarding the sustainability of thispreservation area.At the moment Perhutani as the nature tourismbusiness operator, apparently has not fullyimplemented its right and responsibility to managethe facilities and infrastructure in the in the naturetourism areas. With only limited staff, it will behard for Perhutani to carry out its responsibilities.In the end the maintenance of the areas is stillimplemented by the BKSDA.The responsibility of the tourism business operatorin the Panajung Pangandaran Nature TourismPark is important, since this area contains severalcultural heritage artifacts. In regulation No. 10 of1993 on the Implementation of Regulation No.5 of 1992 on cultural heritage artifacts, anyonepossessing or having access to cultural heritageartifacts (chapter 22) is obliged to protect thoseartifacts (from damaged by nature and/or humanaction, a transfer of ownership and access tounauthorized persons, changes in their authenticityand historical value) carry out maintenance (fromdamage and deterioration caused by nature andbiological processes, pollution) of these artifactsthrough restoration, refurbishing, care andpreservation(Chapter 23).Anyone in possession of, or having access tocultural heritage artifacts but does not carry outresponsibilities to protect and maintain themresulting in damage lost, or changes in theirhistorical and scientific and cultural values, willbe reprimanded, the responsibility of care andmaintenance of artifacts is transferred at the expenseof the owner or the one having access to them. Inthe event the owner or the one having access is notin a position to reimburse these expenses which hasbeen advanced by the government, the owner orthe one having access can transfer the right of useand/or maintenance of part or all artifacts to thegovernment as a compensation for it the protectionand care, or transfer the ownership or right of accessto the government with compensation.Weakness in implementation clauses can also beseen from the absence of a code of conduct for theimplementation of tourism business and a code ofethics for visitors. In Agenda 21 in the section on theTourism Agenda to develop a Sustainable quality oflife, it is stated that the improvement of the tourismindustry to become creditable and reliable can bedone through :• The implementation of a code of ethic in thetourism industry• Education and training• Awards for workers.• Development and strengthening of professionalassociations.Other than the above, the Tourism Law 2009 alsoobligates enterpreneurs to:• Give regard to and respect religious norms,tradition, cultural and local values of thecommunity.• Provide accurate and responsible information• Give non-discrimination in the provision ofservices• Provide comfort, friendliness, protection, securityand safety for visitors.• Provide insurance for high risk tourism activity• Develop mutually beneficial partnership withmicro, small scale and cooperatives• Give priority for the use of products of the localcommunity, national products and provideopportunities for local workers.• Improve competence of workers through trainingand education• Actively initiate the development of facilities andempowerment programs for the local community• Participate in the prevention of all forms ofactivities that are against the local moral normsand other violation of laws in the businesslocation.• Maintain nature conservation.• Uphold the image of the country and theIndonesian nation through responsible tourismactivity.• Implement a standard of operation andcompetency in accordance with the provisions inthe regulationsThe above points are basic undertakings that arerequired in the implementation of a business and arecodes of conduct.Towards the implementation of a code of ethics forvisitors, the Tourism laws has required everyone to :• Maintain and preserve the tourism attraction andtake care of the preservation of the environmentin the tourism destination areas.• In particular, tourists are to maintain and preservethe environmentIt also prohibited the destruction of part or all of thephysical attraction of the tourism site. The weaknessin implementation is evident in the same unsolvedenvironment problems year after year. One obviousand ongoing problem is the issue of garbage. Asyet there is no innovation to overcome the garbagedisposal problem.Regulation No. 18 of 2008 on garbage disposalstates that the management of garbage disposal isimplemented based on principles of responsibility,continuity, benefit, equity, awareness togetherness,safety, economic value (Chapter 3) and has asobjectives the improvement of community health,environment, and the management of garbage as aresource (Chapter 4).The above law in fact gives responsibility to thegovernment and local government to guaranteethat the management of garbage is based onresponsibility and is environmentally friendly inaccordance with the objectives contained in theregulation (Chapter 5). The role and responsibility ofthe government consists of (Chapter 16):• Nurture and increase awareness of the communityin the disposal of garbage.• Conduct research, develop technology which willreduce and facilitate garbage disposal.• Facilitate, develop and implement efforts toreduce , utilize and make use of garbage.• Implement garbage disposal and provide facilitiesfor garbage disposal• Encourage and facilitate the development ofgarbage disposal products.• Facilitate the implementation of specific localtechnology developed by the local community toreduce and manage garbage.• Attempt coordination within governmentinstitutions, the community, and the world inworking toward a unified approach in garbagedisposal.There is an office for Cleanliness Service andGardening of the Ciamis Regency in Pangandaran,it appears however that its activities are stillfocused on garbage disposal and the facilitationand maintenance of facilities and equipmentto dispose garbage in certain areas. There areactivities to nurture and increase awareness ofthe community in reusing waste and to increasecommunity participation in this field, however dueto limited resources this activity is confined to oneor to districts out of the 36 districts. Some villageshave taken the initiative to reuse the waste, but itsimplementation has not been spread to other places.One critical responsibility for the government inPangandaran is to coordinate stakeholders in orderto achieve a comprehensive garbage disposal system,where there is mutual cooperation and coverage forthe whole region.b. Identification of regulations which with someadditions can overcome the issues.The major responsibilities and functions of localgovernment institutions are usually stated indecisions of the Head of the Region. In order forthe local government to be able to implement itstasks mentioned in the regulations on garbagedisposal, these responsibilities need to be spelledout as major responsibilities and functions of localgovernment institutions of the local government inthis case the government of the Ciamis Regency .~ 24 ~~ 25 ~

Compilation and Review of Laws and Regulations in Indonesiac. Identification of measures needed to change/strengthen the regulations as a basis to preparefor new regulations.As mentioned above, actually there are variousattempts by the community to dispose of garbage,but these are still of partial and incidental attempts,there is need for one party/institution to coordinatethese spread out and inefficient efforts and to thisend the related government institution- KPKP or thevillage government needs to be empowered to takea more effective coordinating role. This coordinationcan be easier and more effective in an integratedgarbage disposal system agreed on together by thecommunity, the private sector and the government.3.2.2 The Link between tourism activities andconservationa. Review of regulations and restrictive clausesrelated to the absence of a linkage betweentourism and nature conservation.The activity and tourism development in thePangandaran area both outside the conservationarea or in the nature Tourism area has not givenattention to the use of nature conservation efforts,and on the other hand, conservation activities havenot been linked with tourism activities. While infact, tourism activities have big potential to increaseawareness of the community and visitors on theimportance of nature and biodiversity preservation.b. Identification of regulations, which with someadditions can overcome the issues.No regulation has been identified to regulate thelink between nature conservation and tourism. TheMinister of Culture and Tourism Decree No. KM/64/HK.201/MKP/04 on the guidelines of local tourismdevelopment can be further elaborated on withtechnical guidelines including guidelines to package aproduct in an attractive and environmentally friendlymanner.c. Identification of measures needed to change/strengthen the regulations as a basis to preparefor new regulations.Collect and study best practices in the packaging oftourism products that link conservation activitieswith tourism.Compile and disseminate guidelines on the packagingof tourism products.There is no regulation to link the two – tourismand conservation, and this linkage usually dependson the creativity of those related with tourismimplementation and conservation. In severalcases, there is creativity but often the absence ofknowledge on how to package the conservationactivities. So it is not uncommon that this initiativeand its packaging are done by non-governmentalagencies possessing the knowledge and experience.Therefore, capacity building of tourism humanresources is an important task to be carried out asinstructed by the President of the RI to the Ministerof Education in the Presidential Instruction No. 16 of2005 on the policies to develop culture and tourism.~ 26 ~