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Indonesia’s New Conservation Law: Falling Short on Marine Ecosystem Protection

Indonesia, a nation celebrated for its rich biodiversity, recently revised its conservation law. However, while the updates introduce several new provisions, critics argue that the law continues to overlook the country’s vital marine ecosystems. Despite the fact that Indonesia’s waters cover two-thirds of its territory, the law predominantly emphasizes terrestrial conservation, leaving significant gaps in the protection and management of marine resources.

A Terrestrial Focus in a Marine-Rich Nation

Indonesia’s newly updated conservation law, passed in July 2024 after seven years of deliberation, has sparked a debate over its effectiveness in safeguarding the country’s marine environments. The law introduces 24 new provisions and repeals certain aspects of the 2019 law on water resources. Despite these changes, the law remains heavily skewed toward land-based conservation efforts, raising concerns among environmentalists and marine experts.

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Marine Conservation: The Bare Minimum

Critics like Arisetiarso Soemodinoto from the Fisheries Resource Center of Indonesia argue that the law’s scant attention to marine ecosystems is insufficient given Indonesia’s extensive maritime territory. “Two-thirds of Indonesia’s territory is water, yet the law barely addresses marine, coastal, or small island conservation,” Arisetiarso remarked. Indonesia’s eastern waters, home to the globally significant Pacific Coral Triangle, are especially in need of stronger protections that the current law fails to provide.

The Untapped Potential of Indonesia’s Marine Ecosystems

Indonesia’s marine environments not only host some of the most diverse marine life on Earth but also hold significant potential as carbon sinks. This dual importance underscores the need for robust marine conservation laws, which the new legislation falls short of delivering. Arisetiarso expressed disappointment, noting the law’s continued bias toward land conservation over marine protection.

Government Response vs. Public Concerns

While Indonesia’s environment minister, Siti Nurbaya Bakar, lauded the revised law as essential for maintaining conservation principles, critics argue that the law fails to advance marine conservation efforts. The government claims that the law will strengthen the management of coastal areas and small islands, yet environmental groups and Indigenous rights activists remain unconvinced, pointing to the lack of meaningful public consultation and the law’s insufficient focus on maritime issues.

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The Struggle for Marine Conservation Funding

A significant concern is the imbalance in conservation funding between land and sea. Indonesia’s marine protected areas, covering over 284,000 square kilometers, represent less than 9% of its total maritime area. Critics argue that the new law does little to address the chronic underfunding of marine conservation, leaving vast areas inadequately protected and managed.

Potential Risks of Inadequate Marine Protection

The lack of robust marine conservation provisions could exacerbate ongoing issues such as illegal fishing, coastal land reclamation, and at-sea sand mining. Experts like Nirwan Dessibali, executive director of the Marine Conservation Foundation, warn that the law’s shortcomings could perpetuate destructive practices and hinder efforts to integrate land and marine conservation areas, which are inherently connected.

Indigenous Rights and Conservation Challenges

The Indigenous Peoples’ Alliance of the Archipelago (AMAN) has also criticized the new law for its failure to protect Indigenous rights. The law’s provisions could lead to the displacement of Indigenous communities and the commercialization of forests for carbon credits, further marginalizing these groups. AMAN has called for the ratification of the Indigenous Peoples Bill to address these concerns and ensure that Indigenous rights are respected in conservation efforts.

Progress Amidst Criticism

Despite the criticism, some experts acknowledge the law’s potential to improve marine conservation management. The law clarifies the distribution of authority between the forestry and fisheries ministries, which could reduce conflicts and improve the management of marine conservation areas. The Indonesian Ministry of Marine Affairs and Fisheries has also been granted full authority over marine conservation, a move that could strengthen its role in implementing the Blue Economy Priority Program.

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Challenges in Law Enforcement

However, the law’s effectiveness will depend on its enforcement, which remains a significant challenge in Indonesia. Despite the introduction of stricter penalties for conservation crimes, enforcement is often hindered by corruption, limited resources, and inadequate monitoring infrastructure. Experts like Zuzy Anna, a marine science professor at Padjajaran University, warn that without stronger enforcement, the law’s impact on marine conservation could be minimal.

Conclusion

Indonesia’s revised conservation law represents a step forward in some areas, but its failure to adequately address marine conservation remains a critical oversight. With the country’s rich marine ecosystems under increasing threat from human activities and climate change, there is an urgent need for comprehensive legal protections that prioritize both land and sea. As Indonesia moves toward its 2030 conservation goals, the government must ensure that marine ecosystems receive the attention and resources they deserve.

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