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A Critical Appraisal of Marine and Coastal Policy in Indonesia Including Comparative Issues and Lesson Learnts from Australia

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A Critical Appraisal of Marine and Coastal Policy in Indonesia Including Comparative Issues and Lesson Learnts from Australia A CRITICAL APPRAISAL OF MARINE AND COASTAL POLICY IN INDONESIA INCLUDING COMPARATIVE ISSUES AND LESSON LEARNTS FROM AUSTRALIA A thesis submitted in fulfilment of the requirements for the award of the degree Doctor of Philosophy from UNIVERSITY OF WOLLONGONG by Arifin Rudiyanto Ir. (Bogor Agricultural University / IPB, Indonesia), M.Sc (University of Newcastle Upon-Tyne, UK) DEPARTMENT OF HISTORY AND POLITICS FACULTY OF ARTS UNIVERSITY OF WOLLONGONG 2002 ABSTRACT This thesis adopts an interdisciplinary approach. It examines the development of marine and coastal policy in Indonesia and explores how well Indonesia is governing its marine and coastal space and resources and with what effects and consequences. This thesis uses a policy analysis framework, with legislative and institutional activity as the basic unit of analysis. Three factors are identified as having been the major influences on the evolution of marine and coastal policy in Indonesia. These are international law, marine science and “state of the art” marine and coastal management. The role of these factors in the management of the coastal zone, living and non-living marine resources, marine science and technology, the marine environment and relevant international relations are analysed and discussed in the Indonesian case. This thesis concludes that Indonesia’s major challenges in terms of sustainable marine and coastal development are (a) to establish an appropriate management regime, and (b) to formulate and implement a combination of measures in order to attain the objectives of sustainable development. The basic problem is the fact that currently, Indonesia is not a “marine oriented” nation. Therefore, marine and coastal affairs are not at the top of the public policy agenda. Principles of international instruments have influenced the establishment of marine and coastal policy and management in Indonesia. However, in the implementation of sound management practices, Indonesia faces many challenges. The distinctive characteristics of Indonesia as an archipelagic nation underpin the basic philosophy of marine and coastal policy and management. With the increasing priority of marine and coastal policy in national development, science and environmental aspects have been able to play a greater role in policy development. ii A number of lessons can be taken from the Australian experience that may have some relevance to how Indonesia meets the challenges of implementing its new marine and coastal policy. For example, Indonesia needs to follow the lead of Australia, establishing national principles, goals and objectives for the sustainable of Indonesia’s marine and coastal resources and the conservation, protection and restoration of the marine and coastal environment. The solution for major marine and coastal management problems between federal and states, such as Offshore Constitutional Settlement (OCS) and Intergovernmental Agreement on the Environment (IGAE), offer an attractive alternative for the implementation of regional autonomy in Indonesia. Also, there is a need for multi-stakeholder involvement throughout the policy development process. In readiness for the 21st Century, the Guidelines of State Policy (GBHN) 1999 stated a shift of paradigm from ‘terrestrial oriented’ towards ‘marine oriented’ development. Indonesia started to give more priority to marine and coastal development and now faces the challenges posed by the transition from issue analysis and planning to the implementation of policies. One way or the other, it is reasonable to conclude that new forces and new needs are likely to bring change and improvement to marine and coastal governance in Indonesia over the next decade or so. iii ACKNOWLEDGMENT With deep appreciation in my heart, the first and most grateful acknowledgment goes to my supervisors, Associate Professor Sam Bateman and Associate Professor Ron West, whose invaluable guidance, constant encouragement, and friendly support throughout my graduate years made this work possible. From them I have learned much about the joys of maritime policy inquiry and I feel privileged to have been their student. I am also deeply indebted to Associate Professor Adrian Vickers (Associate Dean for Graduate Studies and Research of Faculty of Arts), Professor Martin Tsamenyi and Dr. Sali Bache from the Center for Maritime Policy, Professor Jon Morrison from the Ocean and Coastal Research Center, Associate Professor Greg Rose from the Legal Intersection Center, and Associate Professor Richard Kenchington, for their helpful and friendly comments and suggestions. My sincere appreciation goes to Professor Astrid Soesanto, as my ‘first boss’ in BAPPENAS, who has molded me through her examples since I was in my early years as a development planner. Appreciations are also extended to her successors, Dr. Triono Soendoro, Dr. Agus Pakpahan and Dr. Dipo Alam, who have allowed and supported me to do Master of Science and PhD program. I would also like to thank my friend Dirhamsyah, my colleagues in the Center for Maritime Policy and the National Development Planning Agency (BAPPENAS), Dr. Anang Noegroho from the Ministry of Marine Affairs and Fisheries, Dr. Prasetyo Sunaryo and Dr. Tussy Adibroto from the Agency for Assessment and Application Technology (BPPT), and Robert Harris and Jim Travers from AMSAT, for their friendly support. iv Finally, I wish to thank my wife, Yanti Suzana, my sons, Rizqi and Galih, my ‘Australian born’ daughter, Erin, my mother and my mother in law. Without their love, this work would have never been completed. v TABLE OF CONTENTS Declaration........................................................................................................... i Abstract................................................................................................................ ii Acknowledgment ................................................................................................. iv Table of Contents................................................................................................. vi List of Tables ....................................................................................................... ix List of Figures...................................................................................................... x Abbreviations and Acronyms .............................................................................. xi Chapter One INTRODUCTION.............................................................................................. 1 1.1 Background.............................................................................................. 1 1.2 Research questions .................................................................................. 6 1.3 Framework and approach ........................................................................ 7 1.4 Comparison and lesson learnt ................................................................. 8 1.5 Contribution of the thesis ........................................................................ 10 1.6 Organization of the thesis ........................................................................ 11 Chapter Two ANALYTICAL FRAMEWORK...................................................................... 16 2.1 Introduction.............................................................................................. 16 2.2 Policy-Making Process ............................................................................ 16 2.3 Policy in Marine and Coastal Management ............................................ 27 2.4 Development of framework for marine and coastal policy analysis........ 39 Chapter Three LEADING FACTORS ON THE FORMULATION OF MARINE AND COASTAL POLICY IN INDONESIA ........................................................... 46 3.1 Introduction.............................................................................................. 46 3.2 Archipelagic characteristics .................................................................... 46 3.2.1 Geographical setting ................................................................... 50 3.2.2 Biological resources .................................................................... 54 3.2.3 Hydrocarbon and mineral resources ........................................... 63 3.2.4 Problems ..................................................................................... 67 3.3 International Laws and Agreements ........................................................ 69 3.3.1 Evolution in the International Laws ............................................ 72 3.3.2 Indonesian Challenges and Opportunities .................................. 82 3.4 The Advance in Marine Science and Technology .................................... 99 3.5 Summary and discussion ......................................................................... 108 Chapter Four NATIONAL DIMENSION: MARINE AND COASTAL POLICY MAKING IN INDONESIA .............. 111 4.1 Introduction ............................................................................................. 111 4.2 Guidelines, Principles and Process in Marine and Coastal Policy Formulation ............................................................................................. 112 vi 4.2.1 Fundamental guidelines ............................................................... 113 4.2.2 Review of existing legislation related to marine and coastal management ................................................................................ 117 4.2.3 Marine
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