Review of Laws and Regulation - unwto

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 ~