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5. Guidebook: Determining Marine Boundaries under Regional Authority Pursuant to
National Law No. 221999
6. Example: The Process of Developing Coastal Resources Management Laws 7. Examples from the Development of Coastal Management Laws
8. CD-ROM: Selected Documents from the Development of Coastal Management Laws 9. CD-ROM: Enactment of a District Law in Minahasa on Community-Based Integrated
Coastal Resources Management These documents should be read in conjunction with one another, and contain cross-
references to each other. In particular, the CD on materials relating to law reform contains many of the supporting documents that were developed or used by CRMP and its
counterparts. The materials in this series represent not only a successful models for coastal management in a decentralized Indonesia, but also models for management of
other natural resources, in other governance systems, and in other countries. The issues discussed and challenges faced in these efforts apply in many other contexts and it is
hoped that their availability in this set will maximize their value.
••• The documents in this book represent only a selection of examples of CRMP’s cumulative
effort in law reform and governance in coastal management in Indonesia from 1997 through 2003. Over those six years, Proyek Pesisir engaged in law reform in a variety of ways
throughout each of its activities and resulted in the range of legal instruments and mechanisms. The CRMP assisted villages in Lampung and North Sulawesi to develop
ordinances for formalizing the management of their Marine Protected Areas. It assisted the District of Minahasa to develop and enact a law on integrated community-based coastal
management that empowers and guides villages to undertake their own initiatives. It has worked with the Province of North Sulawesi through Sam Ratulangi University to develop
and enact a provincial law on coastal management focusing on broader provincial issues. It has also been assisting the Ministry of Marine Affairs and Fisheries to undertake a
major effort to draft and enact a single law to govern coastal resource management, the first of its kind in Indonesia’s history. Each of these efforts is represented with an example
of the finished product. In all but one case, the finished product is the enacted law itself.
It is extraordinary that CRMP, its partners and counterpart government institutions were able to work together and successfully enact a series of laws during the life of the project.
Lawmaking is inherently a risky process that involves a great deal of uncertainty, and a great deal of political as well as legal challenge. In particular, it is an endeavor that,
ultimately, is in the hands of the counterpart government institutions. They are to be commended for their commitment and drive to succeed. Their success is a testament to
the multi-level and cooperative approach and methodology developed together by CRMP and its partners and applied to their legal reform initiatives. It is also a testament to the
continuing promise of advancements in integrated coastal management, the strength and breadth of the civil society engaged in this issue, and the capacity and leadership on
the part of governmental decision-makers in Indonesia.
However, law reform is more a process than a product. It is not only the substance of new laws, but reform is the procedure by which those laws are conceived, drafted, socialized,
enacted and finally implemented. This process includes how to negotiate text, engage stakeholders, and manage public consultations for meaningful outputs and inputs in a
way that represents and captures the evolution of thought as to how government and civil
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society interact with one another. As a result, persons using this book should remember that the materials included should be used as examples, and that the real challenge in
legal reform is implementing the process of meaningful participation among all stakeholders that shapes and captures this evolution toward cooperative management. As the reader
uses this Examples book, the reader should continuously keep in mind the extensive preparations that were needed to reach each of the final products included here.
The contents of this book are as follows: I.
Rancangan Undang Undang RUU Pengelolaan Wilayah Pesisir II.
Contoh Peraturan Desa Perdes a. Perdes DPL Blongko
b. Perdes DPL Gangga II c. Perdes Air Bersih Bentenan
III. Peraturan Daerah No. 02 Tahun 2002 tentang Pengelolaan Sumberdaya Wilayah Pesisir Terpadu Berbasis Masyarakat Kabupaten Minahasa
IV. Peraturan Daerah No. 38 Tahun 2003 tentang Pengelolaan Sumberdaya Wilayah
Pesisir Terpadu Berbasis Masyarakat Provinsi Sulawesi Utara Jakarta, August 2003
Maurice Knight Jason Patlis
Johnnes Tulungen Ahmad Husein
Glaudy Hendrarsa Adi Wiyana
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