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Minimum presence 80%

English version of Environmental Law


Reading materials:
Environment Law in Development: Lessons from the
Indonesian Experience (the whole book)
Regulating Disasters, Climate Change and Environmental
Harm: Lessons from the Indonesian Experience (some
chapters)
Other materials
Domein Verklaring: Undocumented land belongs to the state (the
Dutch) to make the exploitation legal from the Dutch point of
view
In the 70s the government didnt allow the export of raw woods,
only processed woods.
UNFCCC divides countries into divisions:
Annex countries (Developed countries) have obligation to do
something to reduce emission
Non-annex countries (Developing countries) do not have
obligation to reduce emission
1972 is the first important milestones, because before 1972, the law
is only trans boundary pollution (very limited). It only focuses on
specific issues or even species. Then it increased into more global
problems after 1972. In 1972 theres the first earth summit on
Stockholm Declaration 1972. (5th of June 1972)
Principle 21 of Stockholm Declaration: every state has the right and
sovereignty to exploit their own natural resources; to use their own
natural resources according to their own policy. But at the same
time, the state has also obligation or responsibility to ensure that
the exploitation would not lead to pollution or damage to other
countries or areas beyond their national jurisdictions. No harm
principle
It is inspired by the roman principle: use your own property but not
to create a loss/damages/problems to other people
Eco development concept emerged
Law No. 4 of 1982 concerning general provisions on environmental
management (UULH): It contains the principle of Pembangunan
berwawasan lingkungan (Eco Dev).
Problems of the law:

There is no structure; the acts in Indonesia are in line with the


other acts. There is no acts that are superior to another acts
Contains very general provisions, sometimes some provisions
do not have implementing acts. Sometimes it is replaced by a
new one. When an act does not have implementing regulation,
it could not be implemented.

In 1992, there is a Rio Conference which results into 5 famous


results:
Rio Declaration:
o Principle 2 which is similar to principle 21
o There are some famous principles resulted from this
conference
The agreement on UNFCCC
The agreement on CBD (Convention on Biological Diversity)
Forestry Principles
Agenda 21: The programs to implement/achieve sustainable
development at global level, national level even local level.
The programs are put in this Agenda 21. Indonesia also has
Agenda 21 Indonesia.
Law No 23 of 1997 on Environment Management: It introduce the
principle of Pembangunan Berkelanjutan yang berwawasan
lingkungan (eco and sustainable development). It does not use
implementing regulations anymore because it didnt work last time
in Law No. 4 of 1982 this provision will be implemented directly
without having implementing regulations. However, this act was
under a very centralized government (soeharto) and then we had
tremendous changes in law in 1998.
Johannesburg 2002: Rio +10 or the world summit on Sustainable
Development: Millennium Development Goals
Law No. 32 of 2009 on environment protection and management.
Why we need the new one?
The previous law contains a lot of provisions that are meant
for centralized government
It contains some mistakes
We have ratified a lot of protocols/conventions, and how do we
implement these protocols/conventions? We follow dualism
system we implement international provisions directly
without having to translate them into our own law.
Whats happening now related to UNFCCC?
This year is really important because there will be a climate change
conference in Paris in November 2015. There is a big chance there
will be some kind of commitment made by developing countries
including Indonesia to reduce emission. We dont have obligation to

reduce emission, but we have commitment to reduce emission by


16% by 2020.
In 2012 there is a Doha amendment; an amendment to the Kyoto
Protocol.
Japan has law on climate change after having obligation to reduce
emission based on Kyoto Protocol.