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within its jurisdiction, provide technical assistance to villages, and to serve as liaison be- tween villages and the District on funding issues. The authority and responsibility of the
village is implementation of village-based programs, taking into account the District spatial plan and in accordance with this and other laws.
3.2.2.13. Miscellaneous Provisions
Chapters XIII and XIV relate to businesses and industries that affect coastal resources. Article 34 provides that users of coastal resources outside the community must have an
agreement in writing with the local community through the village head hukum tua and the village representative board BPD. It also provides for performance bonds and assurances,
but defers this issue to further stipulations by the Bupati and the BPP. Article 35 states that the District shall provide for funding for implementation, although without specifying how
much. Matching grants can be provided to villages, through which the villages must contribute some portion of the total amount. The elucidation explains the definition and purpose of
matching grants, stating that they represent a shared responsibility between recipients and grantors, and that they create a sense of ownership in the resource and in the grant itself.
The budget shall also cover activities of the BPP.
These provisions are among the weakest of the Perda. There is a great deal of generality among them. They also do not conform with the overall tone and nature of the preceding
chapters, which serve as enabling provisions for villages. At the behest of the community representatives, the DPRD drafted provisions relating to performance bonds and agree-
ments for coastal-based activities. These provisions have already raised concerns among businesses within the region. In theory, they are provisions that can greatly strengthen trans-
parency in industrial permitting and coastal development decisions, but they need to be elaborated carefully in a Bupati decision.
Chapter XV applies to oversight and evaluation, which according to Article 36, is to be coor- dinated by the District and the BPP, with community involvement and knowledge. Chapter
XVI relates to dispute resolution, with Article 37 authorizing resolution among the parties negotiation, resolution through a third-party mediation, or resolution through the court
system litigation. The provisions relating to dispute resolution do not authorize anything that is not already established or authorized under existing law. They do not address the
substantive problems in current dispute resolution efforts, particularly within the court system. To the extent the provisions encourage alternative dispute resolution among parties, there is
benefit to their inclusion. The provisions relating to sanctions also do not elaborate anything that is not already provided in existing law. Indeed, given that the Perda is non-regulatory in
nature, the issue of sanctions need not even arise.
Chapter XVII, Article 39, provides for sanctions. One of the most important aspects of the Perda is contained in this Chapter. The Article states that the District will abide by and assist
to enforce village sanctions. The Article also authorizes villages to impose sanctions that may be stricter and more severe than sanctions under District laws, provided that provisions
are not in conflict with the District laws. Thus, if the District has a civil penalty for violating prohibitions within an MPA, a village may impose higher penalties for the same violation.
With respect to sanctions at the district level, however, it serves more to reinforce existing sanctions rather than create any new sanctions. The Perda is almost entirely administrative
in nature, and clarifies authorities rather than prescribe activities; in reality, there is no place for sanctions in such a Perda. The language states that persons within the District must
abide by existing laws, and will otherwise be subject to sanctions under existing laws.
