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 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 ~
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