Simon Butt and Tim Lindsey
- Published in print:
- 2018
- Published Online:
- October 2018
- ISBN:
- 9780199677740
- eISBN:
- 9780191757242
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199677740.003.0009
- Subject:
- Law, Constitutional and Administrative Law
Indonesia has long had poor standards of environmental governance, with the Soeharto government making the environment largely subservient to the national development imperative. In this chapter we ...
More
Indonesia has long had poor standards of environmental governance, with the Soeharto government making the environment largely subservient to the national development imperative. In this chapter we show that in the post-Soeharto era, Indonesia’s environmental law has been significantly reformed, imposing more stringent emissions and waste standards, and more comprehensive environmental impact assessment requirements. However, contradictory regulations issued by national and subnational institutions have complicated enforcement of environmental laws, which was already rarely successful. Worse, these institutions tend to deflect responsibility for monitoring and enforcement to others. This is possible because their relative jurisdictions are generally unclear and hence contested. Many of these impediments to an effective system are brought into sharp relief by the Sidoarjo Mudflow disaster, discussed as a case study in this chapter.Less
Indonesia has long had poor standards of environmental governance, with the Soeharto government making the environment largely subservient to the national development imperative. In this chapter we show that in the post-Soeharto era, Indonesia’s environmental law has been significantly reformed, imposing more stringent emissions and waste standards, and more comprehensive environmental impact assessment requirements. However, contradictory regulations issued by national and subnational institutions have complicated enforcement of environmental laws, which was already rarely successful. Worse, these institutions tend to deflect responsibility for monitoring and enforcement to others. This is possible because their relative jurisdictions are generally unclear and hence contested. Many of these impediments to an effective system are brought into sharp relief by the Sidoarjo Mudflow disaster, discussed as a case study in this chapter.
Simon Butt and Tim Lindsey
- Published in print:
- 2018
- Published Online:
- October 2018
- ISBN:
- 9780199677740
- eISBN:
- 9780191757242
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199677740.003.0002
- Subject:
- Law, Constitutional and Administrative Law
This chapter focuses on the various types of laws that Indonesian institutions can make, the processes for their issuance, and the bodies that issue them. Most of these laws, including national ...
More
This chapter focuses on the various types of laws that Indonesian institutions can make, the processes for their issuance, and the bodies that issue them. Most of these laws, including national statutes, emergency laws, and government, presidential, and regional regulations, appear on Indonesia’s ‘hierarchy of laws’, which ranks them by their relative authority. This chapter highlights significant problems in the operation of the hierarchy, deriving primarily from: unclear delineation of the relative jurisdictions of Indonesia’s multiple lawmakers; the use of laws that do not appear on the hierarchy; and the lack of effective mechanisms to resolve conflicts between laws and jurisdictional disputes between the bodies that make them. These problems are the root cause of much of Indonesia’s legal dysfunction, identified in other chapters of this book.Less
This chapter focuses on the various types of laws that Indonesian institutions can make, the processes for their issuance, and the bodies that issue them. Most of these laws, including national statutes, emergency laws, and government, presidential, and regional regulations, appear on Indonesia’s ‘hierarchy of laws’, which ranks them by their relative authority. This chapter highlights significant problems in the operation of the hierarchy, deriving primarily from: unclear delineation of the relative jurisdictions of Indonesia’s multiple lawmakers; the use of laws that do not appear on the hierarchy; and the lack of effective mechanisms to resolve conflicts between laws and jurisdictional disputes between the bodies that make them. These problems are the root cause of much of Indonesia’s legal dysfunction, identified in other chapters of this book.
