Prepared By Mas Achmad Santosa Indonesian Center for Environmental Law

TYPE OF ENFORCEMENT PRIMARY ACTORSPRIMARY LEGAL WEAPONS KEYS TO SUCCESSCHALLENGES 1.ADMINISTRATIVE 2.CIVIL 3.CRIMINAL 1.SPECIAL INVESTIGATORS  MOE  MOF  MOFISH 2.POLICE 3.PROSECUTORS 4.JUDGES  SPECIALISED COURT ON FISHERY  GENERAL COURT 1.ENVIRONMENTAL PROTECTION AND MANAGEMENT ACT FORESTRY ACT FISHERY ACT CONSERVATION ACT SPATIAL PLANNING ACT ANTI CORRUPTION ACT 7.MONEY LAUNDERING ACT 8.CRIMINAL CODE STRONG AND GENUINE POLITICAL WILL & LEADERSHIP RHETORIC &“PAPER TIGER” GOOD PLANNING ON ENVIRONMENTAL ENFORCEMENT NO ROADMAP TO IMPROVE EXISTING CONDITIONS EFFECTIVE COORDINATION 1.EGO SECTOR WHICH IS EXACERBATED BY DISHARMONIZATION OF LAW Joint task force in combating illegal logging under MOF Joint task force in handling pollution cases under MOE Working group to combat illegal logging based on Presidential Instruction no. 04/2005 (ores in the planning stage) 3 ABBILITIES: 1.TO DETECT Violation 2.TO RESPOND Swiftly and surely 3.TO PUNISH 1.PUBLIC COMPLAINT SYSTEM HAS NOT BEEN WELL MANAGED 2.MONITORING & INSPECTION ARE NOT CONDUCTED REGULARLY (National, Provincial & Local) 3.NUMBER OF PERSON TO INSPECT AND MONITOR IS NOT EQUAL TO TARGETTED AREAS (PARTICULARLY IN FOREST MGT) 4.LACK OF TECHNICAL SKILL OF ENFORCEMENT OFFICERs 5.INSUFFICIENT BUDGET AND INFRASTRUCTURE 6.RAMPANT CORRUPTION IN ENFORCEMENT AGENCIES

GREEN CONSTITUTION: 1.Fundamental rights + nature rights (ecocentrism approach) 2.State obligation 3.Acknowledgement of the sustainable development principles ENVIRONMENTAL LEADERSHIP EFFECTIVE ENVIROMENT ADMINISTRATION ENFORCEMENT ORESGREENING THE BENCH 1.INTEGRATED ENVIRONMENT LICENSE 2.INTERCONECTEDNESS BETWEEN ENVIRONMENTAL AND BUSSINESS PERMITS 3.UTILIZATION OF PERMIT AS A CONTROL TOOLS. 4.REGULAR MONITORING & INSPECTION. 5.APPROPRIATE ADMINISTRATIVE SANCTION FOR EACH VIOLATION 1.ONE ROOF/HOUSE 2.ONE POLICY 3.ONE COMANDER 4.ONE INTEGRITY SYSTEM (CODE OF ETHIC, ADEQUATE SALARY, & DISCIPLINARY MEASURES) 1.FULL BLOWN (COMPLETE) – Special court + judges + expert + special rules of procedures 2.ADEQUATE  Chamber in the Supreme Court + special division in general court 3.MINIMUM  Flying / permanent certified judges STRONG CIVIL SOCIETY: 1.ENGAGING CAPACITY FROM WITHIN 2.PRESSURE FROM WITHOUT

The concept of “green constitution” has become a part of the proposed (5 th ) amendment developed by Presidential Advisory Council Strong political will and leadership of the Chief Justice to promote capacity building of judges and green bench concept Bureaucratic reform in national and local government, including in Judiciary and Enforcement Agencies has started. Newly promulgated Freedom of Information Law and freedom of the press enable civil society to participate more effectively Enabling provision of ORES in the newly promulgated Environmental Protection and Management Act President SBY has recently pledged in the G20 meeting and COP 15 to cut carbon emission 26% by 2020 and has also promised to stop conversion of peat land and primary forest for 5 years The government has promised a review of forest concession permit to mitigate the climate change

National Development Planning Agencies has recommended the concept of “green industry” which has been included in the National Strategy on the Reduction of Greenhouse Gases Establishment of ORES initiated by MoE in cooperation with civil society organization (ICEL) and the establishment of Environmental Prosecutor’s Squad in AGO US government and EU have stopped the trade in illegal timber internationally by making it a serious criminal offence (it prevents illegal timber exportation) The ongoing cooperation between international development agencies and the Supreme Court, MoE and other agencies to promote the rule of law and environmental justice