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How Effective Is the Environmental Law for the Conservation of the Leuser Ecosystem Area in Indonesia?

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How Effective Is the Environmental Law for the Conservation of the Leuser Ecosystem Area in Indonesia? Advances in Social Science, Education and Humanities Research, volume 413 1st International Conference on Law, Governance and Islamic Society (ICOLGIS 2019) How Effective is the Environmental Law for the Conservation of the Leuser Ecosystem Area in Indonesia? Dede Suhendra1, Azhari Yahya2*, Faisal2, Suhaimi2, Syarifuddin2 1Faculty of Law, Universitas Syiah Kuala, Banda Aceh, Indonesia 2Faculty of Law, Universitas Syiah Kuala, Banda Aceh, Indonesia *Corresponding author’s e-mail: [email protected] ABSTRACT The article aimed to investigate the policies in the environmental law in Indonesia and its effectiveness for the Leuser ecosystem area. The method used in this research was a normative and empirical method through legal, comparative, and historical approach. The data were analyzed based on descriptive analysis through inductive and deductive interpretation. The results showed that the environmental law in Indonesia had undergone significant progress in many aspects, one of which was in a reinforcement of criminal and private law and the implementation of strict liability principle. In addition, the law employs a biocentrism principle aiming to improve people's lives by considering human as the center (anthropocentrism) to a holistic position; that is, all elements are related. However, the environmental law has not successfully been implemented due to the disputes between policymakers in the central and local governments, regarding development and environment, ecology and economy. Moreover, it is because the strict liability principle has not been considered as the foundation for law enforcement yet. Keywords: exploitation, conservation, Leuser ecosystem area, the law regarding the environment 1. INTRODUCTION swamp river in Meulaboh. On February 6, 1934, Tapak Tuan declaration was issued by the local community who Leuser ecosystem area is located in Indonesia, i.e. were willing to maintain the Leuser area, and this in Aceh province and North Sumatra, with the essential declaration was signed by the governor of the Dutch East biodiversity on the earth. It is the broadest Malesian forest Indies. On July 3, 1943, the government of Dutch East as a conservation area, which is undisturbed. This area Indies converted this area into conservation called Leuser harbors the most significant number of animals in Asia, Mountain Suaka Alam, with an area of 142,800 ha based on including more than 105 species of mammals, 382 birds ZB No. 317/35. This area was the foundation of the and at least 95 reptiles and amphibians (54% of the animals establishment of Taman Nasional Gunung Leuser (Leuser in Sumatera terrestrial). Furthermore, this area is the last Mountain National Park). It was followed by the protection for rare species population, such as tigers, establishment of Suaka Margasatwa Kluet (Kluet Wildlife) orangutans, rhinos, elephants, and leopard and various based on ZB No. 122/AGR with an area of 20,000 ha. diversities [1]. Furthermore, on March 6, 1980, the Indonesian It is expected that the area ecological services are government through the Ministry of Agriculture declared worth USD 600 million annually. Also, this area has an the establishment Leuser Mountain National Park with an essential function for the local climate, which helps to area of 792,675 ha through the Decree of the Ministry of decrease global warming. About 1.5 billion tons of carbon Agriculture No. 69/Kpts/Um/II/1980. Afterwards, the is stored in this forest (Buletin Jejak Leuser, 2006). It is Conservative Area Regional department of Leuser also a great potential for the development of tourism Mountain was established to manage the Leuser Mountain scheme with the concept of ecotourism [2]. National Park. In 1981, USERCO decided to consider it as Leuser ecosystem area has a long history, started biosphere conservation after the Indonesian government in 1927. It began with a local leader of Aceh requesting to proposed it. In 1997, based on the Decree of the Ministry of the Dutch Hindia government to preserve Alas Valley area Forestry No. 276/Kpts-II/1997, the area was declared as a from deforestation. The proposal was followed up by the national park with an area of 1,094,692 Ha. In June 2014, Dutch government (DR. Van Heurn) to protect the areas based on the decision from the UNESCO World Heritage from southern Singkil, Bukit Barisan, Tripa river to coast Committee, the Indonesian Government declared the Copyright © 2020 The Authors. Published by Atlantis Press SARL. This is an open access article distributed under the CC BY-NC 4.0 license -http://creativecommons.org/licenses/by-nc/4.0/. 61 Advances in Social Science, Education and Humanities Research, volume 413 Leuser Mountain National Park, the Kerinci Sebelat doctrinal research method. In this research, the law is seen National Park, and Southern Bukit Barisan National Park as as regulations or norms on which certain appropriate a group of Sumatran Tropical Rainforest Heritage (Buletin behavior is based (Amiruddin and Asikin, 2004:118)[6]. A Jejak Leuser, 2006). normal research study is a legal research study conducted In 2006, the Government and the House of by observing literature on secondary data. This research Representatives enacted Law No. 11 of 2006, regarding the covers research on legal principles, the legal system, Governing of Aceh in which, based on Article 150, Aceh vertical and horizontal synchronization, comparative law, Government was mandated by the central government to history of law, and inventory of positive law (Soekarno and manage Leuser ecosystem area in Aceh province by Mamudji, 2004:13-14)[7]. preserving, saving, conserving, and recovering the function The inventory of positive law is a preliminary of the area. Therefore, the management of the area is no activity. It is significant to find positive law before finding longer the responsibility of International Leuser concrete legal norms. The activity of inventorying positive Organization, as regulated in the Presidential Decree No. 33 law is an identification process which is based on a critical, of 1998 concerning the management of the Leuser logical, and systematic analysis. It is one of the phases in a ecosystem area. The Aceh Government, based on Governor comprehensive research process (Amiruddin and Asikin, Regulation No. 52 of 2006, established the Leuser 2004:120-121)[6]. Ecosystem Area Management Division in 2006 [3]. Based on the explanation above, the authors Generally, this division ensures the sustainable concluded some important criteria to observe effectiveness, management of the area. This area was also declared a i.e. commitment or concern from the government, the national strategic area based on the Government Regulation mechanism for the law enforcement, the mechanism for a No. 26 of 2008, regarding the National Spatial Plan, where permit, and synchronization between regulated articles. the management is decided based on ecological functions in the area. Unfortunately, the Leuser ecosystem area has 3. RESULTS AND DISCUSSION been massively exploited, resulting in an adverse impact on its ecological functions. From 2005 to 2009, the damage on the forest reached 34,000 ha. In early 2005, the area 3.1. Environmental law and its covered by the forest was 1,982,000 ha, and the area development decreased to 1,946,000 due to deforestation [4]. This situation should have been resolved and The environmental law has a long history in minimized [5]. With the establishment of the environmental Indonesia, starting from the colonialization to the law, i.e. Law No. 32 of 2009, protection and management reformation era. During those periods, the environmental of the environment could have been better. The law, based law had undergone some changes. The last change was on its philosophical principle, has laid a strategic made when Law No. 32 of 2009, regarding environmental foundation, including (1) healthy environment that is a part protection and management, was established. This of human rights, (2) development through economic regulation was intended to ensure preservation and activities, and (3) the implementation of special autonomy sustainability. It is also explicitly regulated in the 1945 which includes sustainable environmental context. Constitution of the Republic of Indonesia, article 33, which Although this issue is significant, no study has has been amended, stating that the national economy is addressed it comprehensively. Previous studies focused on managed by the principles of sustainability and an environment concerning the environment law. The environmental friendliness. effectiveness of such a law has not been found in the In addition, another important goal is to respond literature. The current research is the pioneer in analyzing to the global development that requires consideration the policies in the environmental law and its effectiveness concerning the principle of sustainability through various regarding the protection and management of the international initiative, such as the initiative of Sustainable environment as the environmental law in Indonesia, Development Goals (SDGs). There are also some other concerning the existing condition in Leuser ecosystem area. reasons which initiated changes in environmental law. The In other words, the current research aimed to analyze definition of the concept of the sovereign has become a whether the environmental law was effective to prevent problem in various countries, particularly regarding border exploitation and to encourage conservation in the
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