Legal protection concerning marine environment and coastal areas in Indonesia based on the convention on biological diversity (CBD)

Abstract

Indonesia has ratified The Convention on Biological Diversity (CBD) through Law Number 5 of 1994 with considerations that biodiversity, including ecosystems, types, and genetics of animals, plants, and micro-organisms, need to be guaranteed for their existence and sustainability for life. However, the management of Marine Conservation, which is also one of the implementations of CBD ratification, has not provided firm and clear legal protection for managing marine and coastal environmental areas. The management of marine conservation itself is a manifestation of sustainable development that stated in the Sustainable Development Goals, Goals 14, Conserve and Sustainability use the oceans, seas, and marine resources for sustainable development, and it is clearly seen that the principles of sustainable development have not been effective synergized in the implementation of CBD in Indonesia. This study uses a normative judicial approach with descriptive analytical research. The result of the research is The regulation of underwater biodiversity related to a sustainable environment which is regulated by various international, national, and local provisions, must be explicitly determined about the importance of protecting and conserving biological diversity, including marine biodiversity. The related framework also should accommodate its availability and ecosystems for a sustainable environment and human benefits for present and future generations. As a result of the destruction of marine ecosystems, marine biodiversity must be given sanctions for the violators. The sanctions can be in the form of administrative sanctions, criminal sanctions, or civil sanctions.