Indonesia Case Study: Let Us Get Political: Challenges and Inconsistencies in Legislation Related to Community Participation in the Implementation of Marine Protected Areas (MPAs) in Indonesia

Abstract

The process of Marine Protected Area (MPA) establishment in Indonesia entered a new stage with the shift of the political regime in the late 1990s that marked the transition from a centralized, authoritarian regime to a more democratic, decentralized one. New legislation on MPAs has become more representative and democratic and includes provisions for the involvement of communities in the establishment of MPAs, something that did not exist in the previous legislation. This chapter examines the body of legislation that covers community involvement in the MPA establishment process in Indonesia. The examination draws on an analysis of texts and documents, and includes the history of legislation on marine area management, its development, and the more recent state of MPAs in Reform Era legislation. MPAs in Indonesia have many names, falling into several categories and sub-categories defined in different pieces of legislation. These pieces are scattered in the legislation and are not easy to find. Furthermore, due to Indonesian MPAs being administered by multiple ministries and governed by multiple legislations, there are gaps and inconsistencies particularly in the differences between categories. Lastly, MPA legislation provides opportunities for communities to be informed and consulted in the MPA establishment process. However, this falls short of the active participation of communities that is required in order for MPAs to be successful. For future administrations, it is important to understand the need to involve coastal communities in every step of the MPA establishment process, beyond being informed and consulted. To support this, trainings and workshops on how to achieve higher levels of community participation for national and provincial governments, as well as a continuous evaluation process, are suggested.