Protecting the Environment: Training in Environmental Law in Indonesia

| 1DLU - Development Law Update © IDLO 2006 - IDLO | Making a Difference Through Law

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Issue 6/2006

S trengthening the rule of law and good governance is the main impetus driving the International Development Law Organization in assisting developing, transitional and post conflict nations on the path towards

sustainable development and poverty alleviation. Environmental degradation affects most directly and brutally the poorest communities that rely directly on their natural environment for their very subsistence. Environmental sustainability is critical to poverty alleviation, for it underpins long term sustainable economic and social development. It necessitates the effective enforcement of a sound environmental law and policy framework that is only achievable through a paradigm of good governance.

It is in this context that this issue of the DLU proposes to sketch the major challenges to environmental law and enforcement in Indonesia, and suggests possible strategies to address them. This issue summarizes the lessons learned from the 12-week ‘Environmental Law and Enforcement’ workshop implemented by IDLO at its Asia Pacific Training Centre, Sydney, Australia, for the first six-week component, in September-October 2005. A select group of 18 Indonesian judges, prosecutors, environmental law enforcement officers and environmental non-government organizations’ lawyers benefited from the training which focused primarily on criminal and civil aspects of environmental law and good governance principles as they relate to environmental law enforcement. The training workshop was part of phase III of the wider

“Indonesia Australia Specialised Training Project” (IASTP III), supported by AusAID and the Government of Indonesia, and managed by Hassall and Associates International. The implementation was ensured by a consortium joining IDLO, the University of South Australia and SAGRIC International. The

second component of the course was delivered by the Centre for Environmental Management and Compliance, University of South Australia over October-December 2005.

Lessons learned from the Indonesia Australia Specialised Training Project, Environmental Law and Enforcement – In Australia course – September 19 – December 10, 2005

Protection of the environment and good environmental management can only be attained by compliance with

environmental laws. The best tool for achieving environmental compliance is effective and consistent

civil and criminal enforcement of the law.

IIDDLLOO - International Development Law Organization | OOIIDDDD - Organisation Internationale de Droit du Développement

STRENGTHENING ENVIRONMENTAL LAW COMPLIANCE AND ENFORCEMENT IN INDONESIA Towards Improved Environmental Stringency1 and Environmental Performance2

Indonesia’s Biodiversity > 2

Environmental Issues Affecting Indonesia > 3

Indonesia’s Environmental Legal Framework > 4

Improving compliance and effective enforcement of environmental law in Indonesia > 6

Improving the Legal Framework - Reform of the Environmental Management Act > 8

Conclusion > 10

In this issue

impaginato 25-07-2006 15:43 Pagina 1

IInnddoonneessiiaa’’ss BBiiooddiivveerrssiittyy

I ndonesia is a rich and diversified archipelagic nation,

with over 13500 islands -6000 of them inhabited- and a

population of 223.8 million (2004) belonging to over

300 ethnic and tribal groups. Recognized as a major world

centre for biodiversity, Indonesia has a wide range of

natural habitats rich in fauna and flora. Its forests harbour

the world’s greatest diversity of palms as well as a great

number of commercially valuable tree species. The

extensive reef systems are among the world’s richest in a

variety of corals, fish and other reef organisms. Indonesia’s

biodiversity is the country’s greatest natural resource, and

is ecologically and economically important. However, it is

also extremely vulnerable.

DDeevveellooppmmeenntt aanndd EEnnvviirroonnmmeenntt

T he rapid economic growth that has characterized the

policy of Indonesia’s New Order Government since

1966 has intensified environmental pressures

threatening the sustainability of whole sectors of the

economy such as forestry, fisheries and tourism. These

sectors depend on the diversity of the natural ecosystems

and the environmental functions they protect. The

Indonesian population and the region suffer from the

effects of environmental degradation resulting from poor

environmental management practices and inadequate

governance, which threatens the subsistence of the most

vulnerable groups.

2 | DLU - Development Law Update

The Development Law Update (DLU) is published on a quarterly basis by the Research and Publications Unit of the

International Development Law Organization (IDLO).

The DLU endeavors to provide information concerning current, important lessons learned pertaining to the

development field, largely based on IDLO videoconference sessions, Rome-based legal training programs and in-

country legal training and technical assistance programs.

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© IDLO 2006 - All rights reserved

Development

Law

Update

ABOUT IDLO

The International Development Law Organization (IDLO) is an international inter-governmental organization dedicated to promoting the rule of law and good governance in developing

countries, countries in economic transition and in those emerging from armed conflict.

By doing this, IDLO creates the basis for economic and social development and favors conditions that are

conducive to improved social justice, increased trade and investment and more efficient distribution of all forms of

aid. IDLO fulfils its mandate through training, technical assistance, distance learning, research and publication.

Since its establishment in 1983, IDLO has worked with over 15,000 legal professionals from more than 175 countries

and IDLO Alumni Associations now operate in 41 countries.

The following 18 countries are the current IDLO Member States: Australia, Austria, Bulgaria, Burkina Faso,

Colombia, Ecuador, Egypt, France, Italy, the Netherlands, Norway, the People’s Republic of China, the Philippines,

Romania, Senegal, Sudan, Tunisia and the United States of America.

"Natural forest cover in Indonesia has decreased

from 80% of the land area in the 1960s to 57%

today. Indonesia now has over 100 million ha of

natural forest, the third largest area of tropical

forest in the world, but this is being destroyed at a

rate of 1 million ha a year (or 1% a year)." 3

impaginato 25-07-2006 15:43 Pagina 2

| 3DLU - Development Law Update

Environmental Issues Affecting Indonesia

Indonesia is confronted with a long list of environmental issues affecting land, air, marine and coastal areas at local,

regional and national levels. They range from air and water pollution caused by industrial and domestic sources, illegal

clearing and deforestation (large scale burning for oil palm plantations and small-scale slash and burn for itinerant

farming, as well as illegal logging and trade in timber). In fact, Indonesia has one of the world’s worst deforestation

rates, with an estimated area of the size of Switzerland being lost every year. Indonesia also suffers from decreasing

biodiversity, land and natural resources mismanagement, as well as from the local effects of the global phenomenon of

climate change.

Illegal poaching, trade in protected species, and illegal and unsustainable fishing threaten Indonesia’s biodiversity.

Indonesia is home to two critically endangered species of rhinoceros, the Javan rhinoceros (Rhinoceros javanicus) of

which only about 50 remain in the Ujung Kulon National Park in Banten, and the Sumatran rhinoceros (Rhinoceros

sumatraensis). Poachers have hunted down the rhinoceros for its horns that are used in traditional Asian medicine4.

Along with those issues, the large-scale forest fires have recently been among the most serious and prominent on the

international scene. Their devastating effects in Indonesia, which include air pollution, loss of biodiversity and

landslides, are compounded by the transboundary air pollution generated in the region. At the global level, these

effects further contribute to the already critical issue of climate change (emission of large quantities of greenhouse

gases and loss of carbon sink).

Deforestation in Indonesia (source: www.manila.indymedia.org)

impaginato 25-07-2006 15:43 Pagina 3

IInnddoonneessiiaa’’ss EEnnvviirroonnmmeennttaall LLeeggaall FFrraammeewwoorrkk

IInntteerrnnaattiioonnaall LLeeggaall FFrraammeewwoorrkk

I ndonesia has been actively involved in the development

of an international environmental law framework. As a

member of the World Commission on Environment and

Development (WCED) and a participant to the United

Nations Environment Program (UNEP), Indonesia has

ratified most of the major international environmental

treaties. Once ratified, the treaties

become theoretically part of the

Indonesian domestic law (monist

theory). However, in practice,

judicial decisions rarely refer to

international principles either through lack of knowledge

on the part of the lawyers and the judges involved in these

particular matters or the failure to adopt detailed

provisions of the international agreement into relevant

laws (or both).

Only some international environmental law principles are

reflected in Indonesia’s domestic legislation. The

Environmental Management Act, No. 23 of 1997 (EMA)

appears to support the principles of Environmentally

Sustainable Development (ESD), and by implication its

core elements: the precautionary principle,

intergenerational equity and the polluter-pays principle.

Clauses b., c. and d. of the EMA’s Preamble refer to ESD

and Article 3 of Chapter II

(“Basis, Objectives and Target”

of the Act) states that

“Environmental Management

which is performed with ... a

principle of sustainability ... aims to create

environmentally sustainable development”.5

Furthermore, the concepts of sustainable development

find expression in the preamble to the Law on Forestry

(Law No. 41 of 1999) which refers to sustainable forestry

management, and in the Government Regulation on

Environmental Impact Assessment (No. 27 of 1999).

4 | DLU - Development Law Update

Field visit at the High Court of Australia (Canberra)

Only some international environmental law principles are reflected in Indonesia’s

domestic legislation.

impaginato 25-07-2006 15:43 Pagina 4

Therefore, it is arguable that the Indonesian

administration and courts should be bound by the

core elements of Environmentally Sustainable

Development, as appears to have occurred in

relation to the precautionary principle in the

Mandalawangi Landslide Case.6

RReeggiioonnaall EEnnvviirroonnmmeennttaall LLeeggaall FFrraammeewwoorrkk

I ndonesia is one of the 10 member countries of

the Association of the Southeast Asian Nations

(ASEAN), created in 1967 with its Secretariat in

Jakarta.

The ASEAN founding mandate to promote

economic development and peace in the region did

not mention the environment, but evolved to

include the protection of the environment and the

promotion of sustainable development.

The ASEAN Agreement on the Conservation of

Nature and Natural Resources (ACNNR) was reached

in 1985. At the time, it was considered a most

progressive instrument, despite its weak wording

and lack of effective implementation mechanisms. It

has not to date come into force, failing to reach the

required minimum number of ratifications.

However, the momentum created by this

Agreement has resulted in the development of

regional environmental cooperation, with the

creation of Working Groups on the Environment

(e.g. ASEAN Working Group on Multilateral

Environmental Agreements, ASEAN working group

on Nature Conservation and Biodiversity) and the adoption

of declaration and action plans, such as the Environmental

Education Action Plan (2000-2005).

The unprecedented scale of the Indonesian forest fires of

1997 and the air pollution they generated in the region

inspired the adoption of the Regional Haze Regional Action

Plan in the same year. In 2002, it was followed by the

ASEAN Agreement on Transboundary Haze Pollution (THP).

The THP came into force in 2003, but its purpose is largely

defeated by Indonesia’s failure to ratify it.

The environment reached the top of ASEAN’s agenda in

2003, with the launch of the ASEAN Environment Year.

The theme was “Together Towards Sustainable

Development,” with a pledge to “ensure sustainable

development and poverty alleviation, which includes the

implementation and expansion of afforestation and

reforestation programmes, the careful management of

natural resources and the ratification of the Kyoto

Protocol.”

The development of a regional environmental law

framework is encouraging. But for a variety of reasons,

including a lack of political will, it has failed so far to bring

practical solutions to Indonesia’s current environmental

problems.

DDoommeessttiicc EEnnvviirroonnmmeennttaall LLeeggaall FFrraammeewwoorrkk

W ith the 1972 UN Stockholm Conference on the

Environment came the emergence of environmental

| 5DLU - Development Law Update

Training Session at the IDLO Asia-Pacific Training Center (APTC) in Sydney

IASTP Group Work at the APTC

impaginato 25-07-2006 15:43 Pagina 5

issues on the international scene. In Indonesia, it

prompted the establishment of the Office of the State

Minister for the Environment and the enactment of the

Environmental Management Act (EMA) No. 4 of 1982

replaced in 1997 by the EMA No. 23 of 1997. This Act and its

implementing regulations are set in the broader context of

the state policies passed every 5

years by the People’s Consultative

Assembly (the Garis-garis Beluar

Haluan Negara (GBHN) and the

REPELITA (5 year development

Plan), which have since the early seventies progressively

entrenched the concepts of sustainable development and

natural resources management. The EMA must also be

read in the context of other natural resources management

acts, such as the Forestry Act No. 41 of 1999, and the

Fisheries Act No. 31 of 2004, and associated regulations

and decrees.

From 1990, the non-ministerial Environmental Impact

Management Agency (BAPEDAL) assumed the bulk of the

responsibility for the implementation of environmental

laws, allowing the Ministry of the Environment to address

policy formulation and coordination. In 2002, as part of

the decentralization process, the functions of the

BAPEDAL were fused into the Office of the State Ministry

for the Environment. Environmental Non-Government

Organizations strongly opposed this reform arguing that

“the state ministry deals only with policy not

practicalities and therefore is not equipped to deal with

Bapedal's functions as the supervisor and law-

enforcement body,” and that the reform would result in

the loss of the power to issue permits, to make legally-

binding regulations and opinions, to control and carry out

investigations on environmental offences at a national

level.7 Responsibility for environmental management was

transferred to the local (provincial and district)

governments’ agencies (BAPEDALDA).

IImmpprroovviinngg ccoommpplliiaannccee aanndd eeffffeeccttiivvee eennffoorrcceemmeenntt ooff eennvviirroonnmmeennttaall llaaww iinn IInnddoonneessiiaa

P rotection of the environment and good

environmental management can only be attained by

compliance with environmental laws. The best tool

for achieving environmental compliance is effective and

consistent civil and criminal enforcement of the law.

Despite the increased recognition of the importance of

resolving the many urgent environmental issues and the

apparent political will to do so, cultural, economic,

political, legal and geographical factors combined with a

lack of resources and technical skills hinder Indonesia’s

ability to address these issues effectively.

The future strategy to promote

effective enforcement of

environmental law in Indonesia

may involve strengthening its

institutional capacity to manage and enforce

environmental law, improving the legal and regulatory

environmental framework and increasing public awareness

and participation.

IInnssttiittuuttiioonnaall CCaappaacciittyy BBuuiillddiinngg

T he intricacy of Indonesia’s legal and regulatory

framework, the highly complex prosecution and civil

enforcement processes and the lack of institutional

capacity in environmental law jointly contribute to poor

environmental law enforcement.

Judicial Training

I ndonesia has no specialized environmental law courts.

Environmental cases are heard by the general and

administrative courts as well as the Supreme Court on

appeal.

A relatively small number of environmental cases reach

the courts. When they do, the plaintiffs are often faced

with powerful and resourceful business interests.

Through the IASTP Environmental Law and Enforcement

training, both in Indonesia and in Australia,

approximately 1000 Indonesian judges have been

equipped with enhanced knowledge of the complex

environmental legislative and regulatory framework,

relevant legal concepts such as strict liability, standing

and class action, and environmental law principles such

as environmental sustainable development (ESD), the

precautionary principle, the polluter pays principle, and

intergenerational equity. This on-going training of the

judges in environmental law is essential to ensure a fair

hearing of prosecuted cases, to promote enforcement,

deter environmental violations and encourage

compliance.

6 | DLU - Development Law Update

The best tool for achieving environmental compliance is effective and consistent civil

and criminal enforcement of the law.

impaginato 25-07-2006 15:43 Pagina 6

Prosecution of Environmental Law Violations

N o matter how extensive and effective the training of

Indonesian judges in environmental law may be, it is

of little value if appropriate cases do not reach the courts.

The relatively small number of cases of environmental law

violations being prosecuted or otherwise pursued through

the courts may be caused by a variety of factors, including

the lack of resources and

corruption. Other causes relate to

geographic isolation, particularly in

the smaller islands where legal

mechanisms are difficult to

implement, and where there is a lack of available technical

and legal expertise to gather circumstantial and expert

evidence.

Technical skills in investigation and prosecution are

essential to a successful use of the Indonesian legal

system to address the more severe breaches of

environmental legislation.

Evidence gathered must be technically and forensically

valid, which requires the effective use of environmental

experts and the gathering of evidence based on generally

accepted international protocols. This becomes

particularly critical with respect to environmental breaches

where complex scientific dispute may arise regarding

matters such as causation and the environmental effects of

the alleged activities, particularly in the longer term.

The use of scientific tools, such as satellite imagery may

be developed and promoted as a powerful and effective

tool for the investigation and the prosecution of illegal

clearing and forest fires.

Government officials (e.g., from

the environmental agencies or

the Ministries of Forestry and

Fisheries) under Indonesian environmental legislation do

not have the power to investigate or prosecute

environmental violations. These cases must be

investigated by the police before being presented to the

courts by a prosecutor. It is therefore critical to train both

police and prosecutors in environmental law to improve its

enforcement. As indicated above, the enhancement of

investigation skills is important and would be assisted by

the development of national environmental investigation

guidelines or standards. Environmental prosecution

guidelines would also be valuable in the prosecution of

environmental cases.

| 7DLU - Development Law Update

It is therefore critical to train both police and prosecutors in environmental law

to improve its enforcement

Participants to the IASTP III, Environmental Law and Enforcement-In Australia-training session at the APTC (Sydney)

impaginato 25-07-2006 15:43 Pagina 7

JJuurriissddiiccttiioonnaall IIssssuueess

I ndonesia is divided into 27 provinces, which are sub-

divided into regions and further divided into districts.

The multiplicity of jurisdiction over environmental

matters results in uncertainty and constitutes a major

hurdle for the effective enforcement of environmental

law.

Jurisdictional issues appear at two levels: horizontally

between ministries/government departments and

agencies, and vertically between national, provincial,

regional and local authorities.

The respective jurisdiction of the Office of the State

Minister/BAPEDAL and that of other sectoral ministries

(Ministry of Forestry, Ministry of Agriculture and Ministry

of Industries) are not clearly divided and overlap. The

same issues appear at the provincial/local level.

The implementation of the decentralization and regional

autonomy policy has given local government bodies a

major role in the protection of Indonesia’s environment

and the management of its natural resources. The

division of responsibilities between national, provincial,

regional and local agencies is also subject to

overlapping legislatures creating more uncertainty.

This situation is conducive to apathy and poor

enforcement. When environmental damage occurs, lack

of certainty about which agencies have competence can

lead to none of them taking action to address the

environmental violation. For instance, the 1997 forest

fire crisis revealed the uncertainty as to whether the

Forestry or Industry government agency or local

authority would be responsible for the pollution

generated by the fires.

GGoooodd GGoovveerrnnaannccee aanndd EEnnvviirroonnmmeennttaall LLaaww EEnnffoorrcceemmeenntt

Good governance, defined as the “commonly sharedgoal on accountability, transparency, participation, rule of law, predictability, responsiveness, consensus,

equity, effectiveness and efficiency, and strategic

vision”8 is a prerequisite to strengthening enforcement

of environmental law.

C orruption is recognized and has been documentedas a significant issue in Indonesia inhibiting 8 | DLU - Development Law Update

Improving the Legal Framework - Reform of the Environmental Management Act

The central piece of Indonesian environmental

legislation, the Environmental Management Act (EMA)

No. 23 of 1997 was an improvement on the EMA of 1982

it replaced. However, its effectiveness may be improved

by addressing its major weaknesses. Some of the

improvements suggested by participants in the 2005

IASTP Environmental Law and Enforcement Course

relate to the following:

• Widening the standing provisions to encourage civil

enforcement breaches to the act (open standing for

civil enforcement);

• Recognizing a full range of administrative

enforcement tools (art. 25);

• Allowing for government officials to prosecute

breaches of environmental law;

• Imposing the new requirement of obtaining an

environmental licence from the relevant

environmental authority for certain types of

activities that are likely to cause significant

environmental pollution/damage and then creating

new offences under the EMA:

> to not have a licence; or

> to breach the conditions of a licence;

• Adding penalties for contempt of court in civil

proceeding when court orders are not implemented

(contempt of court);

• Increasing the penalties for breach of the Act;

• Improving the drafting of the act to reduce the

scope for conflicting interpretations of its provision

and the opportunity, in case of breach, of non

prosecution for lack of certainty;

• Clarifying the definition of some terms, for example

“environmental pollution” and “environmental

damage” (articles 41 and 42);

• Improving consistency of the provisions within the

Act; and

• Ensuring compatibility of the EMA and other Acts or

regulations (see below).

impaginato 25-07-2006 15:43 Pagina 8

effective enforcement of environmental law.9 Powerful

business interests have the resources to ‘persuade’ the

police, government officials and judges to overlook

environmental law violations, to deter witnesses from

testifying and to influence the outcome of court cases.

In the last few years, the Government of Indonesia has

displayed its political will to promote good governance

and combat corruption with the adoption of the Law 28

of 1999 on “Clean government and freeing Indonesia

from corruption, collusion and nepotism” and the

establishment of a Corruption Eradication Commission

(KPK).

The strong correlation between good governance and

good environmental results is highlighted in the

conclusions of the Yale and Columbia Universities’ Pilot

2006 Environmental Performance Index presented at the

Davos World Economic Forum in 2006. It concludes that

“Good environmental results correlate significantly with

good governance. Policy emphasis at the national and

global levels on establishing the rule of law, eliminating

corruption, promoting a robust policy dialogue, and

setting up effective regulatory institutions appears fully

justified.”10

Public Participation is one of the core concepts ofgood governance critical to the effective enforcement of environmental law. Indonesian environmental

legislation formally acknowledges public participation:

Chapter III “Community rights, obligations and role,”

Article 5 of the EMA provides that “Every person has the

right to environmental information which is related to

environmental management roles” (Art.5 (2)) and that

“Every person has the right to play a role in the scheme of

environmental management in accordance with

applicable laws and regulations” (Art. 5(3)). The

Government Regulation No. 27 of 1999 on Environmental

Impact Assessment and the Decree of the Head of

Environmental Impact Management Agency (Bapedal)

No. 8 of 2000 further provide for access to information

and public participation. However, in practice, wide gaps

are revealed in the opportunities for public participation.

In relation to environmental impact assessment, the

timeframe allocated for submissions restricts public

participation. “With a mere 45 days allocated for the

development of the ANDAL and related documents,

citizens and environmental groups have little time to give

proper regard to the impact of the project. The narrow

timeframe also restricts their ability to make submissions

during the EIA assessment period.”11

Effective public participation is hindered by ineffective

procedures to guarantee public access to information.

While access to information is a right entrenched in the

second amendment of the Indonesian Constitution

(Undang-Undang Dasar 1945),12 public access to

information proves often difficult due to the complex

bureaucracy involved in obtaining information, the

absence of clearly defined mechanisms to obtain

information, the lack of explicit standards for

exemptions to disclosure requirements, the lack of

human resources available to support information

management and service to the public, and the lack of

awareness of the public on their right of access to

information.13

P ublic Awareness of Environmental Issues and ofLegal Enforcement Mechanisms is essential to the prevention of damage to the environment and to the

prosecution of environmental law violations. It can

discourage ‘traditional’ practices detrimental to the

environment—e.g. fishing with explosives destroying

the reef and fish habitat or ‘slash and burn’ itinerant

farming practices—although the social and economic

dimensions of such unsustainable practices should not

be dismissed. Raising the awareness of the public on

their right to a clean and healthy environment and on

their legal standing (including in the context of class

actions) may contribute significantly to the reduction of

environmental degradation in Indonesia. It may also

lead to realistic consideration of economic alternatives

for those whose living increasingly depends on

exploiting the country’s natural resources, often by

damaging methods.

The development of Environmental Non-Government

Organisations (ENGOs)14 has played a leading role in

raising awareness of environmental issues in Indonesia,

and in the enforcement of environmental law. ENGOs

have initiated most of the landmark environmental

cases. The EMA (Art. 38) grants ENGOs standing to sue in

the name of the environment. ENGOs also play an

important role in raising the profile of environmental

issues, conducting environmental educational and

research activities, as well as lobbying the government

and the international community.

| 9DLU - Development Law Update

impaginato 25-07-2006 15:43 Pagina 9

Conclusion

T his DLU has sought to give an overview of the main

challenges to effective enforcement of environmental

law in Indonesia and the role that strengthening

institutional capacity, improving the legal and regulatory

framework and promoting good governance can play in

overcoming these challenges.

IASTP III Environmental Law and Enforcement – in Australia

2005 graduates are now, along with the project’s alumni,

better equipped to contribute to address Indonesia’s

environmental issues, commencing with the

implementation of the Action Plans they designed with the

support of their mentors during the course.

However, enhancement of technical skills contributes only

partially to resolving the conflict between Indonesia’s need

for economic development in Indonesia and the need to

protect the country’s natural resource base effectively.

The demands on Indonesian governments to provide for the

needs of over 200 million people in a developing economy

are enormous and there is an inevitable temptation to ignore

longer-term consequences in order to meet more immediate

needs.

It is arguable that a meaningful commitment by the national

Indonesian government to the principles of ecologically

sustainable development could start to address this

problematic dilemma. However, such a re-direction

requires political will by the country’s national and

provincial governments and the support of the international

community. In the latter case, developed economies must

recognize that it is very much the consumption patterns of

western societies that are contributing to the loss of some

of the most precious resources of developing countries –

such as their forests. Fundamentally, in developing as in

developed countries, progress on the challenging road to

improved environmental stringency and environmental

performance, depends on laying the foundations of

sustainable development, good governance, the rule of law

and compliance.15

10 | DLU - Development Law Update

Field visit at forests in New South Wales (Australia)

impaginato 25-07-2006 15:43 Pagina 10

1 Environmental stringency indicator captures the extent to which the country has in place institutions and policies

that result in effective responses to environmental problems. IMF Working Paper The Rule of Law and the Pattern of

Environmental Protection, Per B. Fredriksson and Muthukumara Mani, March 2002, at

http://www.imf.org/external/pubs/ft/wp/2002/wp0249.pdf

2 The Pilot 2006 Environmental Index, released at the Davos World Economic Forum 2006, ranks Indonesia 79 out of

133 countries worldwide on the Environmental Performance Index (EPI), a measure of “how close a country comes to

established goals” based on a series of 16 indicators ranging from Child mortality to Co2 per GDP. Source: The Pilot

2006 Environmental Index , Center for International Earth Science Information Network (CIESIN), Columbia University,

and Yale Center for Environmental Law and Policy (YCELP), at

http://beta.sedac.ciesin.columbia.edu/es/epi/downloads.html#data

3 FAO State of the of the World’s Forests, quoted in, Friend of the Earth – Indonesian Forest Fires Briefing (1997),

available at http://www.foe.co.uk/resource/briefings/indonesian_forest_fires.html.

4 ‘Poachers, loggers put Sumatran rhino on brink of extinction’, The Jakarta Post, 3 January 2006, available at

<http://www.planetmole.org/06-01/poaching-logging-until-extinction-sumatra-indonesia.html>.

5 The Precautionary Principle – Its Origins and Role In Environmental Law by David Cole, Environmental Law and

Enforcement Alumni Bulletin, April 2005, Vol. 2#1

6 Mandalawangi Landslide Class Action Case (Civil Litigation). N0.49/PDT.G/2003/PN.District Court Bandung, 4

September, 2003, quoted in David Cole Ibid Footnote 5

7 Environmentalists oppose scrapping of Bapedal, Tertiani ZB Simanjuntak, The JakartaPost.com, 10/01/02,

at <http://www.ecologyasia.com/news-archives/2002/jan-02/thejakartapost.com_20020110_G03.htm>.

8 IASTP III Generic module – training guide p 15 – AusAID & HAI

9 Indonesia is ranked 134 out of the 158 countries on the Transparency International 2005 Corruption Perception Index

(CPI), with a score of 2.2.

10 Ibid Note 2- Full Report at pg. 46- See also pg. 27.

11 Sugianto (1996:6) quoted in The Primacy of Development: Environmental Impact Assessment in Indonesia and

Australia, Margaret A Young, Asian Law, Vol. 1, 1999

12 Article 28F of the Indonesian Constitution states that "Everybody has the right to communicate and the right to

information to develop his/her personal and social environment, and has the right to seek, receive, possess, keep,

develop, and give the information by any means."

13 Indonesian Centre for Environmental law (ICEL), Access to Information, Participation and Justice in Indonesia,

05/04/2005 at <http://www.icel.or.id/eng/cdetails.php?guid=702adbf5c14f5065b9ad1d2fa31352d8> and

Indonesian NGO Movement for Public Access to Information &The Struggle for Enactment of a Freedom of Information

Act, Josi Khatarina (ICEL), Conference on Freedom of Information and Civil Society in Asia held by Information

Clearinghouse Japan in 13-14 April 2001, at http://www.foi-asia.org/Indonesia/JKreport.html.

14 In particular, WALHI and the Indonesian Centre for Environmental Law (ICEL).

15 “Wealth and a country’s level of economic development emerge as significant determinants of environmental

outcomes. But policy choices also affect performance (…). In this regard, good governance appears highly correlated

with environmental success” Source: The Pilot 2006 Environmental Index, Ibid note 1.

Endnotes

| 11DLU - Development Law Update

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Upcoming Activities

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Update

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Seminar on “Legal Framework of Water Resource Management” (in English) - Rome, Italy September 11-22

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Public International Trade Law Course (in Arabic)- Cairo, Egypt November 20-December 8

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"Countering Terrorism in Nepal" - October 6

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Microfinance: Building Inclusive Financial Sectors & Supportive Legal and Regulatory Frameworks in the Asia Pacific Region (In English) Sydney, Australia - Septemebr 11-23

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