‘Debating’ nature conservation: policy, law and practice in : a discourse analysis of history and present Arnscheidt, Julia

Citation Arnscheidt, J. (2008). ‘Debating’ nature conservation: policy, law and practice in Indonesia : a discourse analysis of history and present. Retrieved from https://hdl.handle.net/1887/21162

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MI 154 .ARNSCHEIDT J.

This book is about the politics of nature conservation in late New Order and early Reformasi Indonesia. It approaches the subject through discourse analysis. Understanding politics as a struggle for discourse hegemony it analyses both processes of policy- and lawmaking in and of imple- mentation in national parks, and their outcomes, and addresses a number of questions:Which discourses have dominated conservation policies and laws ‘Debating’ Nature throughout history? How did Ministers, members of Parliament, state offi- cials, NGOs and residents of national parks try to decide debates on con- servation in their advantage? Which unwritten rules helped or constrained Conservation: Policy, Law them in this effort? How did the struggle for discourse hegemony affect policy and law, policy- and lawmaking and implementation? and Practice in Indonesia Based on rich empirical case material the book argues that a multitude of discourses have come to co-exist which enabled actors to use arguments strategically, and that various actors have succeeded to mobilise discourses law and practice in Indonesia policy, nature conservation: ‘Debating’ A discourse analysis of history and present enabling them to participate in the debate without obligations.

The results of this study go beyond participating in the debate on what element of sustainable development to focus on but link the policy debate to the debate on governance and rule of law. By addressing the policy dis- course and the discourses structuring policy- and lawmaking and imple- mentation, the study wants to contribute not only to the field of nature conservation but also to the field of Indonesian law and governance in general.

‘This book represents a major advance in our understanding of nature conservation politics in Indonesia. It is both a theoretically sophisti- cated application of discourse analysis to the process of policy formu- lation and implementation in Indonesia and an empirically rich body of work which ranges from the passion-filled corridors of power in Jakarta to the on-the-ground reality in national parks.’ Robert Cribb (Australian National University, Canberra)

This is a volume in the series of the E.M. Meijers Institute of Legal Studies of Leiden University. This study is part of the Law Schools’ research programme on Securing the rule of law in a world of multilevel jurisdiction, subprogramme J. ARNSCHEIDT ‘Formation, implementation and improvement of law and governance in developing countries’.

9 789087 280628 ‘Debating’ Nature Conservation: Policy, Law and Practice in Indonesia This book has been made possible by a grant from the Royal Dutch Academy of Sciences (KNAW).

Lay-out: Anne-Marie Krens – Tekstbeeld – Oegstgeest

Leiden University Press is een imprint van Amsterdam University Press

© J. Arnscheidt / Leiden University Press, 2009

ISBN 978-90-8728-062-8

Behoudens de in of krachtens de Auteurswet van 1912 gestelde uitzonderingen mag niets uit deze uitgave worden verveelvoudigd, opgeslagen in een geautomatiseerd gegevensbestand, of openbaar gemaakt, in enige vorm of op enige wijze, hetzij elektronisch, mechanisch, door fotokopieën, opnamen of enige andere manier, zonder voorafgaande schriftelijke toestemming van de uitgever.

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No part of this book may be reproduced in any form, by print, photoprint, microfilm or any other means without written permission from the publisher. ‘Debating’ Nature Conservation: Policy, Law and Practice in Indonesia

A discourse analysis of history and present

PROEFSCHRIFT ter verkrijging van de graad van Doctor aan de Universiteit Leiden, op gezag van Rector Magnificus prof. mr. P.F. van der Heijden, volgens besluit van het College voor Promoties te verdedigen op dinsdag 20 januari 2009 klokke 15.00 uur

door

Julia Arnscheidt geboren te Siegen in 1970 Promotiecommissie:

Promotor: Prof. dr. J.M. Otto Co-promotor: Dr. A.W. Bedner Overige leden: Dr. R.B. Cribb (The Australian National University, Canberra, Australia) Prof. mr. H.M.T. Holtmaat Dr. G.A. Persoon Prof. dr. Sudharto P. Hadi (Diponegoro University, Semarang, Indonesia) Everything has beauty […]. Confucius

Acknowledgements

Although I had to do the researching, thinking and writing myself it would not have been possible without the help and support of many others. I feel especially indebted to all people in Indonesia who were willing to share their view on nature conservation with me and to answer my endless questions. During the beginning of my fieldwork I received great support from the whole staff of the Indonesian Centre of Environmental Law and from Pak Imam and Bu Vivien at the Ministry for the Environment. Living and working in Jakarta would not have been possible and much less pleasant without the help of Beth, Atik, Tante Ina, Nina Eberlijn and Bas Pompe. Karen, thank you for coming to Indonesia when life got difficult. On Pulau Seribu I feel especially indebted to the people of Pramuka Island who made me feel welcome and who were open and interested in my research. If I were to highlight one of them it would be Iwan who accompanied and supported me in my work wherever he could. A special thank goes out to the rangers of the park who showed me their world. At the Jakarta office of Pulau Seribu Marine National Park next to all directors especially Andi Rusandi supported me. In Samarinda, I benefited from the help of the GTZ office, the IFFM staff and the staff of the regional environmental impact control agency. In Kutai, all staff members of the park authority made me feel welcome despite the difficulties they were experiencing. While in Indonesia I was also assisted by Aning who helped me to select and order information. Daru Indriyo inspired me with his energy and vigor. In addition, I benefited much from discussions with him. Ila, you deserve a special place. Thank you for being my friend. During the first years of the research, working together with those involved in INSELA was both stimulating and fun. I will always remember fondly the laid back David Nicholson and the warm welcomes at his various homes around the world. Karin van Lotringen and her enthusiasm accompanied me not only at the office but also on my frequent trips to the ISS. Nicole Niessen was a great source of inspiration and helped me in many ways, even after moving to Maastricht. The contacts and yearly conferences with our Indonesian partners - Mas Achmad Santosa, Wiwiek Awiati, Takdir Rahmadi, Asep Warlan Yusuf, and Sri Mamudji – proved valuable in many respects. Discussions with other PhD students and researchers working on similar subjects also helped me to shape my argument. In the beginning of my journey I benefited much from meetings with the public administration PhD club VI Acknowledgements supervised by Frank de Zwart and Paul ’t Hart. Special thanks go to Mathilde Meijers who accompanied me in my search for discourse analysis literature. Later I enjoyed exchanging ideas with the researchers of the EDEN project at the KITLV, above all Martine Barwegen and Manon Osseweijer, but also David Henley and Peter Boomgaard. Martine your coaching at some point helped me persist and push the project further to the finish. Robert Cribb and Henk Schulte Nordholt took the time to read and comment on an early draft of part of the book. Gerard Persoon inspired me with his scholarly attitude. John David Neidel made valuable comments on a draft after we met in Leiden. Special thanks go out to John McCarthy and Rili Djohani. I enjoyed discussions with you and am most grateful for all your comments on my work. Likewise, meeting Carol Warren always felt calming and comforting. Your empathy, comments and ideas inspired and helped me a lot. I also am most grateful to all scholars who were ready to share their work and ideas with me when approached via email. Among them were Maarten Hajer, Greg Acciaioli, Celia Lowe, Julian Clifton, Henning Borchers, Heinz Peter Znoij, and Arun Agrawal. After INSELA I found a new home in INDIRA together with Sandra Moniaga, Gustaf Reerink, Laurens Bakker, Tristam Moeliono, Myrna Safitri, Kurnia Warman, Saldi Isra, Djaka Suhendra, Jamie Davidson, and Daniel Fitzpatrick. I very much enoyed our co-operation and your presence and our discussions benefitted me in many ways. Jaap Timmer and Jacqueline Vel, who joined the club later, made useful comments on some of my drafts and inspired me with their humour and work. In the library of the Van Vollenhoven Institute first at the Rapenburg, later at the Hugo de Grootstraat, and finally at the Steenschuur Cora de Waaij, Albert Dekker and Sylvia Holverda were incredibly helpful and cheerful which made me enjoy my many visits there. Also the librarians at the KITLV, especially Rini Hogewoning and Josephine Schama, accompanied me during my whole journey and seemed to never get tired of my book requests. Many thanks also go to the secretariat of the Van Vollenhoven Institute where at first Nel de Jong, Carola Klamer, Helene Kulker and later Kari van Weeren, Marianne Moria, Jan van Olden and Kora Bentvelsen were always ready to help me. I also received valuable support from the Meijers Institute, especially from Riekje Boumlak, Laura Lancee, Kees Waaldijk and Karin van Heijningen. Before sending the manuscript to the publisher I could fortunately count on Anne-Marie Krens and Geoffrey Bankowski, who helped me improve layout and language. At the Van Vollenhoven Institute, the overall atmosphere very much contributed to the joy I experienced throughout the project. In the beginning Barbara Oomen was a great source of inspiration in many respects and a very pleasant colleague to work with, as were at a later stage Ken Setiawan, Maria Lopes and Li Ling. Ab Massier and Marjanne Termorshuizen showed me what it is to persist and helped me by critically reflecting on my discourse approach. Acknowledgements VII

Janine Ubink was the best roommate and Benjamin van Rooij the best neigh- bour I could think of. Thank you both for listening to me, for sharing your ideas with me and for all the wonderful breaks. I owe special thanks to Jan Michiel Otto and Adriaan Bedner. Your ques- tions, comments, confidence and support helped me find my way through this project and your various talents surprised, impressed and stimulated me time and again. Finally, my old and new friends, family and ‘in laws’ always showed interest in what I was working on and how I was proceeding, and were always ready to help. I am especially grateful to Suzanne Barbier, Nathalie Fonville, Trea de Jong, Anneke Stamhuis, Ami and her family in Yogya, Alie and my parents. I don’t know that I could have done it without you. Neele, Pelle and Kalle, you helped me by reminding me every single day that there are much more important things in life than academic research and writing books. And Bob, of course, I could never have written this book without you! Thank you for not losing your faith in me, for your patience, for giving me the space and, above all, for being with me. This book is for you.

Table of Contents

ACKNOWLEDGMENTS VII

LIST OF ABBREVIATIONS XV

PART I – Introduction and theoretical approach 1

1INTRODUCTION 3

2THEORETICAL APPROACH 9 2.1 Discourse 9 2.1.1 Frames 11 2.1.2 Stories 14 2.1.3 Arguments 15 2.1.4 Practices 16 2.2 Specific and unspecific discourse 17 2.3 Personal power and discursive structures 18 2.4 Why actors obey discursive structures: credibility, acceptability and trust 19 2.5 Transforming and rejecting discourse 21 2.6 Coalitions 23 2.7 Stories and discourses 24

3DISCOURSES REFLECTED IN THE SCHOLARLY LITERATURE ON NATURE CONSERVATION POLICY, LAW AND PRACTICE IN INDONESIA 25

4NATURE CONSERVATION: ACTORS, POLICY, LAW AND PROCESSES 29

5MAIN RESEARCH QUESTIONS, METHODOLOGY AND STRUCTURE OF THE BOOK 35 5.1 Main research questions 35 5.2 Methodology 35 5.3 Structure of the book 36 X Table of Contents

PART II – Dominant discourses reflected in policies and laws from pre-colonial 41 times to the present

6INTRODUCTION 43

7SPIRITUALIST DISCOURSE 49 7.1 Policy 49 7.2 Rules 49 7.2 Reconstructing discourse: stories, arguments, and practices 51

8HINDU SUBJUGATE-AND-RULE DISCOURSE 59 8.1 Policy 61 8.2 Rules 61 8.3 Reconstructing discourse: stories, arguments, and practices 62

9RATIONAL FORESTRY DISCOURSE 69 9.1 Policy 70 9.2 Law 70 9.3 Reconstructing discourse: stories, arguments, and practices 71

10 PROTECTION AGAINST DISASTER DISCOURSE 77 10.1 Policy 78 10.2 Law 78 10.3 Discourse reproduction, transformation and rejection 79

11 NATURE PROTECTION DISCOURSE 87 11.1 Policy 92 11.2 Law 92 11.3 Discourse reproduction, transformation and rejection 98

12 RE-EMERGENCE OF THE THREE NATURAL SCIENTIFIC DISCOURSES AFTER THE SECOND WORLD WAR 107

13 PEMBANGUNAN DISCOURSE 117 13.1 Policy 120 13.2 Law 122

14 SUSTAINABLE DEVELOPMENT DISCOURSE UNDER THE NEW ORDER 125 14.1 Policy 129 14.2 Law 139 14.3 Other institutions 141 14.4 Discourse reproduction, transformation and rejection 144 Table of Contents XI

15 SUSTAINABLE DEVELOPMENT DISCOURSE UNDER REFORMASI 145 15.1 Policy 145 15.2 Law 150 15.3 Discourse reproduction, transformation and rejection 152

16 CONCLUSION PART II: CONTINUITY AND CHANGE 157 16.1 Dominant discourses throughout history 157 16.2 Policy and law 159 16.3 Enabling and constraining effects of discourses and their structures 162 16.4 Debating nature conservation: a first analysis of actors 164 16.5 Contesting nature conservation: stories, arguments and strategies 165

PART III – Dominant discourses in Indonesian nature conservation policy- and lawmaking: three cases from 1990 to the present 169

17 INTRODUCTION 171

18 THE ‘UN-POLITICS’ IN INDONESIAN LAWMAKING IN 1990: THE PARLIAMENTARY DEBATES ON THE BIODIVERSITY CONSERVATION BILL 175 18.1 The Indonesian Parliament in 1990: the context of the debates 175 18.2 Lawmaking Procedure 177 18.3 Stage 1: The Minister’s arguments to justify the BCB 179 18.4 Stage 2: The groups’ reactions 182 18.4.1 Reasons and arguments to support the government in issuing this bill 182 18.4.2 Critical issues 186 18.4.2.1 Questioning the seriousness of the government 187 18.4.2.2 Questioning the meaning and future practices of conservation 189 18.5 Stage 3: Issues raised during the Special Committee sessions 192 18.5.1 Conservation 193 18.5.2 Participation 198 18.5.3 Implementability 202 18.5.4 Sanctions 204 18.5.5 Conclusion 205

19 ARGUMENTS AND STRATEGIES TO CLOSE DEBATES AND COUNTER STRATEGIES 207 19.1 Pancasila 207 19.2 Pembangunan 209 19.3 Emphasis on fast enactment and postponing decisions 210 19.4 Counterstrategies or the power of discourse 213

20 THE OUTCOME:THE BIODIVERSITY CONSERVATION ACT 215 20.1 Providing a clear direction for the conservation policy 216 20.1.1 Practice 216 XII Table of Contents

20.2 Ensuring the government’s attention for conservation 217 20.2.1 Implementing regulations 217 20.2.2 Financial provisions 218 20.2.3 Control mechanisms 218 20.3 Ensuring the people’s understanding and awareness of the need for conservation 219 20.4 Improving the existing regulations 219 20.4.1 Criteria, reasons and objectives of nature reservation 220 20.4.2 Prohibited activities 221 20.4.3 Permitted Activities 222 20.4.4 Authorities 223 20.4.5 Improving postcolonial regulations 224 20.5 Increasing people’s welfare 225 20.6 Reflecting the aspirations of the society 226 20.7 Showing Indonesia’s commitment to conservation 226 20.8 Conclusions 226

21 POLICYMAKING AT THE BEGINNING OF THE REFORMASI ERA:THE RAKORNAS OF 1999 231 21.1 The policymaking process 231 21.2 The debate 234 21.2.1 The Presidential and Ministerial speeches 234 21.2.2 Short reaction to the speeches 237 21.2.3 KLH’s draft policy on the natural environment 238 21.2.4 The debate within the working group on the natural environment 239 21.2.5 The plenary sessions 244 21.3 Output: the final text on the natural environment 245 21.4 Conclusion: arguments and strategies 246

22 REFORMASI LAWMAKING:DRAFTING THE NATURAL RESOURCES MANAGEMENT ACT 249 22.1 Process 249 22.1.1 Building broad public support: public consultation 250 22.1.2 Interdepartmental discussions 253 22.1.3 Delay 253 22.2 The debate 256 22.2.1 Academic background paper 256 22.2.1.1 ‘Empirical situation’ 256 22.2.1.2 Indonesian regulations in the field of NRM 258 22.2.1.3 Regulations from the Philippines and New Zealand 259 22.2.1.4 The bioregional approach in NRM 259 22.2.1.5 Legal basis for the drafting of the NRM Act 262 22.2.1.6 Scope of the academic background paper 262 22.2.1.7 Conclusions and recommendations 263 22.2.2 Public Consultation 264 22.2.2.1 Sumatra 265 Table of Contents XIII

22.2.2.2 AMAN’s position paper 268 22.2.3 Minutes of interdepartmental meetings 270 22.2.3.1 The 27 February 2003 meeting 271 22.2.3.2 The 14 March 2003 meeting 273 22.2.3.3 The 29-30 April 2003 meeting 277 22.2.3.4 The 23-24 May 2003 meeting 278 22.2.3.5 Written objections from state agencies 278 22.2.3.6 The 9 September 2004 coalition meeting 280 22.2.4 Some notes on the three major unresolved issues 281 22.2.4.1 A framework law? 281 22.2.4.2 Bioregion 282 22.2.4.3 Rights of access to natural resources 283 22.3 Conclusion: Arguments and strategies 284

23 CONCLUSION PART III: CONTINUITY AND CHANGE 287 23.1 Stories and arguments 288 23.2 Strategies of actors in the struggle for discourse hegemony 290 23.3 Enabling and constraining effects of discourses and their structures 291 23.4 Outcomes 293

PART IV – Dominant discourses in national park implementation in Indonesia: case material from conventional and donor parks 295

24 INTRODUCTION 297 24.1 The national park authorities 299

25 PULAU SERIBU MARINE NATIONAL PARK 305 25.1 Geographical Data 305 25.2 Colonial History: Nature Conservation and Poverty-Discourse 305 25.3 Old and early New Order: Pembangunan-discourse 307 25.4 National Park Development 309 25.4.1 National Park Authority: searching for coalitions with science, other government agencies and the local population 310 25.4.1.1 Strategies for building coalitions with regional agencies 310 25.4.1.2 Counterstrategies 312 25.4.1.3 Explanations 314 25.4.1.4 Strategies for building coalitions with the island population 316 25.4.1.5 Counterarguments 319 25.4.1.6 Counterstrategies 326 25.4.1.7 Organising support 327 25.4.2 Rangers: struggling at various fronts 328 25.4.2.1 Convincing target groups of the need for conservation: strategies and counter-strategies 329 25.4.2.2 Convincing rangers and other officials of the need for professional implementation 331 XIV Table of Contents

25.5 Changes introduced by new directors in 2001 and 2003 336 25.6 Conclusions 342

26 KUTAI NATIONAL PARK 345 26.1 Geographic data and history 345 26.3 New coalition against the park 348 26.4 Negotiations about the park’s future 354 26.5 Conclusions 358

27 DONOR PARKS 361 27.1 Coalitions with indigenous