Review of Laws and Regulation - unwto

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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 ~
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