Review of Laws and Regulation - unwto

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 ~