Jurnal Pro Natura

Oportunitas Pengembangan Konsep Benefit Sharing dalam Kebijakan Iklim

Olivia Allyana, Rachma Indriyani — Tue, 31 Dec 2024 00:00:00 +0700

This article analyzes the implementation of the benefit-sharing concept in international climate policies, focusing on the protection of indigenous communities. The study adopts a normative and conceptual approach, utilizing literature review techniques to analyze relevant regulations, books, reports, and research findings. Benefit-sharing refers to a coordinated and dialogic process of building partnerships to identify and distribute economic, socio-cultural, and environmental benefits, with an emphasis on vulnerable groups. Although recognized in international legal instruments such as the CBD, its application within climate policy frameworks like the UNFCCC and Paris Agreement remains implicit. However, the concept of technology transfer embedded in these instruments reflects the principle of benefit-sharing. Successful implementation examples include social forestry in ASEAN and community forestry in Nepal, which demonstrate significant potential to deliver direct benefits to indigenous communities while supporting climate change mitigation. Nevertheless, risks in its application must be mitigated, as seen in the implementation of Areal Preservasi in Indonesia, which triggers land conflict risks and marginalization of indigenous communities. This article proposes strengthening the regulation and implementation of benefit-sharing in international climate policies to ensure social justice and welfare for communities most vulnerable to climate change impacts, alongside in-depth and inclusive national legal assessments.

Dinamika Akomodasi Asas Kearifan Lokal Dalam Kebijakan Penataan Ruang di Kabupaten Kutai Barat

Zulharman — Tue, 31 Dec 2024 11:30:13 +0700

This article aims to examine how the principle of local wisdom is accommodated in spatial planning policy as an instrument to prevent pollution and/or environmental damage. In addition, this article also looks at the implementation and obstacles faced by policy stakeholders in applying the principle in the West Kutai Regency, especially in the context of the local wisdom of the Dayak Benuaq-Muara Tae Indigenous Peoples. Through empirical legal research, this article reveals that the principle of local wisdom has been outlined in legislation in this case UUPPLH and UUPR and technically outlined in Permen LHK No.34/2017 concerning Recognition and Protection of Local Wisdom in the Management of Natural Resources and the Environment. However, in its implementation, the principle of local wisdom in the Benuaq-Muara Tae Dayak Community in regional spatial planning policies has not undertaken optimally where the participation of indigenous peoples still seems tokenistic.

Environmental Document for Rock Mining in Keposong Village

Weli Febrianto — Tue, 31 Dec 2024 11:21:26 +0700

The article examines environmental documents on rock mining in Keposong Village, Boyolali Regency, Central Java, regarding spatial planning and public participation. In this case, the author employs an empirical legal research method with descriptive presentation. Based on the study, the author found that the preparation of the UKL-UPL environmental document was not carried out in accordance with applicable laws and regulations where the spatial plan and the mining location were outside the coordinates of the Mining Business License Area. In addition, public participation procedures were ignored when preparing environmental documents and environmental approvals for rock mining in Keposong Village, which affected residents and the environment.

Halfheartedly Protecting the Forest

Tue, 31 Dec 2024 11:22:00 +0700

Deforestation has remained a complicated problem faced by Indonesia. One of the contributing factors is the ineffective legal protection of customary forest management in the relationship between transmigrants and indigenous peoples. In the literature, this factor has not received in-depth attention. Therefore, this article aims to examine the interaction between indigenous peoples (as local communities) and migrants/transmigrants from the phenomenon of deforestation in Jangkat District, Jambi. The article reveals how indigenous communities are not homogeneous entities as generally assumed where members of indigenous communities can be actors who cooperate with outsiders in illegal encroachment of customary forests. As a result, the customary forest becomes land controlled by migrants, which in turn has changed the social, economic and political landscape around the Kerinci Seblat National Park (TNKS), especially in Jangkat District. Currently, encroachment in Jangkat Sub-district in the TNKS area is a complex problem to solve, because it has the potential to cause conflict between indigenous peoples (as local communities) and migrants/transmigrants who have become dominant landowners.

The Existence of Rural Area Space in the Perspective of Spatial Planning Policy

Dzaki Aribawa Darmawardana, Kevin Daffa Athilla — Tue, 31 Dec 2024 00:00:00 +0700

Borobudur Temple is one of the cultural heritages classified by UNESCO. Conservation of cultural heritage is sought by the government and UNESCO to maintain its preservation. The problems in it are not far from the existing spatial planning policies and have an impact on the sustainability of the surrounding socio-cultural life. The following research was carried out using literature studies through literature and laws and regulations which were obtained through libraries and the internet which were secondary data. The dynamics of domestic regulation of the Borobudur Temple Area has brought more or fewer changes in the arrangement of the site area and its surroundings which have an impact on the socio-cultural life of the community. Regulation No. 26/2007 and Presidential Decree No. 58/2014 on Spatial Planning encourage massive community participation and more comprehensive preservation of cultural heritage. The implication experienced by the community is the need for attracting investment to be able to develop in the region. The community experienced problems such as land conversion and lack of accessibility to tourism facilities. It is necessary to pay further attention to how the government can accommodate the interests of preserving cultural and environmental heritage as well as the people within it.