Nature Conservation: Policy, Law and Practice in Indonesia : a Discourse Analysis of History and Present Arnscheidt, Julia
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‘Debating’ nature conservation: policy, law and practice in Indonesia : 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 Version: Not Applicable (or Unknown) License: Downloaded from: https://hdl.handle.net/1887/21162 Note: To cite this publication please use the final published version (if applicable). g MI 154 J. ARNSCHEIDT 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 Jakarta 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 policy, and practice in Indonesia law ‘Debating’ conservation: nature 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. Voorzover het maken van reprografische verveelvoudigingen uit deze uitgave is toegestaan op grond van artikel 16h Auteurswet 1912 dient men de daarvoor wettelijk verschuldigde vergoedingen te voldoen aan de Stichting Reprorecht (Postbus 3051, 2130 KB Hoofddorp, www.reprorecht.nl). Voor het overnemen van (een) gedeelte(n) uit deze uitgave in bloemlezingen, readers en andere compilatiewerken (art. 16 Auteurswet 1912) kan men zich wenden tot de Stichting PRO (Stichting Publicatie- en Reproductierechten Organisatie, Postbus 3060, 2130 KB Hoofddorp, www.cedar.nl/pro). 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.