Engagement with the District Administration and Enactment

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3.2. Substance

3.2.1. Overview

The Minahasa Perda establishes the basic philosophical and institutional framework for coastal management in the District. As a ‘framework law,’ it does not seek to regulate specific sec- tors or specific activities affecting coastal resources. Rather, it looks to provide the setting or foundation for future management. This foundation addresses the four basic components of governance: process, institutions, information, and funding. The Perda accomplishes sev- eral basic elements of governance: 1. it defines key terms, such as ‘coastal area’ and ‘ public participation;’ 2. it clarifies authorities and responsibilities among agencies and lower levels of govern- ment; 3. it creates new mechanisms and programs for coordination, education, training and out- reach; 4. it identifies basic criteria for coastal management that should be followed by a village in some cases, these criteria are mandatory; in other cases, they are voluntary; and 5. it mandates funding for implementation. It does not seek to regulate particular sectors, or specific activities. The DPRD believed that such regulations could be better developed, with greater information, greater participation, and greater capacity for enforcement, after the basic institutional framework was estab- lished. 3.2.2. Section-by-Section Summary and Discussion 3.2.2.1. Considerations and Legal Authorities These sections are part of the preamble, and set the stage for the substantive contents of the Perda. The first section provides that the Perda is enacted with consideration that sustainability of coastal resources requires a balance between conservation and develop- ment; that the coastal area is considered part of the resources for the welfare of the commu- nities, and that sustainable development is to be ensured through integrated, community- based management. The ‘authorities’ section cites the laws and regulations on which the perda draws its author- ity for its enactment and subject-matter. The recitation consists of the following: 1. Article 33 paragraph 3 of the Constitution of 1945 2. Act of People’s Consultative Assembly No. IX of 2001 on Agrarian Restructure and Natural Resources Management: this Decree of the MPR 3. Law No. 29 of 1959 on Establishment of the District Governments of Sulawesi. 4. Law No. 9 of 1985 on Fisheries 5. Law No. 5 of 1990 on Conservation of Biological Natural Resources and their Ecosystems 6. Law No. 9 of 1990 on Tourism 7. Law No. 24 of 1992 on Spatial Plans 8. Law No. 6 of 1996 on Indonesian Waters 9. Law No. 23 of 1997 on Environmental Management 10. Law No. 22 of 1999 on Regional Autonomy