Saturday, October 27, 2012

ENVIROMENTAL LAW : “TASK AND AUTHORITIES OF LOCAL, PROVINCIAL AND CENTRAL GOVERNMENTS”



A.     BACKGROUND

Indonesia is the fourth most populous nation and a significant emitter of greenhouse gases due to deforestation and land-use change (WRI, 2005). Indonesia consists of nearly two million square km of land, most of which is covered by forests. However, deforestation and land-use change is estimated at 2 million hectares (ha) per year and accounts for 85% of the Indonesia’s annual greenhouse gas emissions (WRI, 2002). Indonesia’s forested land also supports extremely high levels of biodiversity, which in turn, support a diverse array of livelihoods and ecosystem services. The combination of high population density and high levels of biodiversity together with a staggering 80,000 km of coastline and 17,508 islands, makes Indonesia one of the most vulnerable countries to the impacts of climate change.[1]
In generally known in our country regarding those duties is one of important thing  in enviromental conditions in indonesia. Especially about control over impacts of climate change and protection of ozone layer. If we would like to comapere those duties from central governments, provincial governments until local governments are having differents duties.  In the duties of central government is to stipulate and implement policies on control over and protection of ozone layer. By that the duties is more general because the scope is all in indonesia. However if we compared with provincial governments is more specific because the duties which is held by provincial gotvernmen is to coordinate and implement control over inter regency or enviromental pollution and or damage.in this context by the central government and provincial governments need a fully coordination each other. Even though cimate changes already given impact in the world especially in indonesia we need prevent to reduce it.  This is need because indonesia is a big country which is often got the impact. E.g : flood, caterpilla epidemic (wabah ulat bulu), drown island, and etc.
By that in my paper i will explain the differences among central governments provincial governments and local government.especially for the implimentation of policy duties in the central, provincial and local governments.

B.     DEFINITIONS
According to law no 32 of year 2009 is adaptation to climate change are efforts made ​​to improve ability to adjust to climate change, including variability in climate and extreme climate events so that the potential damage reduced due to climate change, opportunities posed by climate change can utilized, and the consequences of climate change can be overcome.
According to president decisson  no 46 of year 2008, climates changes is changes in average climate conditions or climate variability from one period to period
other times as a result of human activity.

C.     ANALYSIS
1.      Central governments
a.       Law no 2 of year 2009
In part IX article 63 no1 ( j ) In the protection and management environment, the Government in charge and authorities decide and implement
policy regarding the control
climate change impacts and
protection of the ozone layer
.

b.      President decisson  no 46 of year 2008
Article 2:
To coordinate the implementation of change control climate and to strengthen Indonesia's position in the forum international climate change control established
NATIONAL COUNCIL FOR CLIMATE CHANGE.

2.      Provincial Governments
a.       Law no 2 of year 2009 article 63 no 2
In the protection and management environment, the provincial government
duty and authority to:
                                            I.            establish provincial policies;
                                         II.            establish and implement KLHS provincial level;
                                       III.            establish and implement policies regarding RPPLH province;
                                      IV. establish and implement policies regarding environmental impact and UKL-UPL;
                                        V.  conducting an inventory of sources natural resources and greenhouse gas emissions at the provincial level;
                                      VI.            develop and implement cooperation and partnerships;
                                    VII.             coordinate and implement pollution control and / or
environmental damage cross
district / city;
                                 VIII.            doing the building and supervising the implementation of
policies, regulations, an
dregulation of regional head
district / city;



3.      Local governments regulation
Yogyakarta local governments regulation no 3 of year 2008 about the duties of yogyakarta governments.
 Determination of policy implementation controlling the impacts of climate change city ​​scale,  Determination of protection policy ozone layer and scale monitoring city​​.  Determination of policy implementation controlling the impacts of climate change city ​​scale.



D.     CONCLUSSION
in provincial governments to stipulate and implement policies on control over impacts of climate change &protec­tion of ozone layer. but different in provincial governments the task and authorities in provincial is to coordinate and implement control over inter-regency/city environmental pollution and/or damage. And in other hand in local government to develop and apply environmental instruments



REFFERENCESS

Research Scientist, WWF International Climate Change Programm  Brandeis University
law no 32 of year 2009
President decisson  no 46 of year 2008
Yogyakarta local governments regulation no 3 of year 2008 about the duties of yogyakarta governments.