Paparan Narsum LRD 26_PRHukum_HPA01 Laely Nurhidayah_ Ade(1).pptx

PRHukum_HPA01

1. Legal Constraint of Mangrove restoration: case study from Demak , Semarang, Brebes Central Java LRD PR HUKUM, 30 July 2024

2. Precarity and sustainability: Society and Ecology 2024 BRIN ISEAS Joint Conference 21-22 August in Singapore Legal Constraint on climate change mitigation and adaptation through Community Based Mangrove Restoration: Semarang case study. Laely Nurhidayah, Agus Suntoro . Ade Angelia Marbun Climate change is a biggest threat to humanity. Sea level rise and land subsidence is projected to increase in Northern coastal of Java which threatened the livelihood of coastal communities. Indonesia’s National Research and Innovation Agency projected that at least  115 of Indonesia’s islands will be underwater  by 2100 due to a combination of sea level rise and land subsidence. One of the adaptation and mitigation for addressing the sea level rise and climate change is the mangrove plantation and restoration. Mangroves has high carbon storage capacity which can help Indonesia meet their carbon emission reduction targets under the Paris Agreement, while also producing benefits for local communities. One of successful community based mangrove plantation and restoration is in Mangunharjo village Semarang. However, there are many uncertainty of land use law and policy include giant sea wall project and private ownership of the land that could jeopardize this mangrove protection in the future. This paper examines the legal constraint of mangrove protection and restoration in Mangunharjo and future projection to this adaptation option. This research employ qualitative research with empirical research conducted in Mangunharjo village in Semarang. Depth interview is conducted with government officials, fisherman and community leaders in mangrove plantation and restoration and small scale industries. This paper found that the proposal of giant sea wall project on the North Coast of Java island is the biggest concern for the continuation of the existing mangrove plantation as local leader fear that the mangrove will be damage and it is creating the hesitation of industries to spend their CSR money for mangrove restoration in that areas. In addition, the government need to enact law to protect the existing mangrove through HGU for ecosystem services or buy the land from companies as most of land in coastal areas planted by mangrove plantation by local communities are owned by companies or industries who can anytime use their land and convert this mangrove plantation into other usage.

3. Introduction Sea level rise (SLR) is a major problem in coastal Java in Indonesia including Jakarta, Semarang, Brebes , Pekalongan and Demak Mangrove has been cutting in the past for aquaculture, firewoods Local people are affected by SLR, the lands and properties loss poses serious threat to local communities which resulted in environmental migration. This article will examine the existing and gaps of law to protect mangrove and use nature based solution as climate change mitigation and adaptation.

4. Mangrove as Nature Based Solution climate change mitigation and adaptation Nature based Solutions ( NbS ) are actions to protect natural ecosystems that benefit people whilst contributing to tackling climate change and protecting biodiversity. Nature based solution is increasingly recognized as potentially sustainable and cost effective solution to reduce coastal flood risk. It uses coastal ecosystem such as mangrove forest to create resilient design for coastal flood protection. Maintaining access to food resources, Ecotourism, aquaculture  Mangroves are a vital ecosystem that benefit our environment, economy, and communities

5. Protection of Mangrove Law No 32/2009 on Environmental Protection and Management Law No 5/1990 on Conservation of Living Natural Resources and Its ecosystem Presidential Regulation No 1/2020 on Peatland Restoration and Mangrove Agency Not yet any adequate protection of mangrove in non conservation areas can be converted into other uses by land owners

6. Laws/Policy Mangrove Restoration 600.000 ha in North Sumatra province, Riau, Riau island, Bangka Belitung, West Klaimantan , East Kalimantan, North Kalimantan Papua and Papua. Law No 32/2014 on Local Government Local Authority provinces to manage natural resources in the sea as referred to in paragraph (1) maximally 12 (twelve) nautical miles from the coastline to the open sea and / or in the direction of the archipelagic waters

7. DRAFT REGULATION OF THE GOVERNMENT OF THE REPUBLIC OF INDONESIA ON THE PROTECTION AND MANAGEMENT OF MANGROVE ECOSYSTEMS Damage to the mangrove ecosystem must be restored. Restoration, as referred to, is carried out by the Central Government and Regional Government according to their authority; Every individual; and the Responsible Party for Business and/or Activities Damage to the mangrove ecosystem must be restored. Restoration is carried out through activities such as: rehabilitation, restoration, natural succession, mangrove habitat protection; and/or other methods in line with developments in science and technology. Restoration by the Central Government and Regional Government, as referred to, is carried out on mangrove ecosystems outside of business permits. Maintenance is conducted through efforts such as: conservation of mangrove ecosystems; reservation of mangrove ecosystems; and/or preservation of the functions of mangrove ecosystems

8. Conservation of mangrove ecosystems is carried out through activities such as: protection of natural resources in mangrove ecosystem areas; preservation of natural resources in mangrove ecosystem areas; and sustainable utilization of natural resources in mangrove ecosystem areas Designation of mangrove ecosystem reservation areas is carried out by the Minister, governor, or regent/mayor. These areas cannot be managed for a certain period if they have less than 30% protected area, have been granted business permits exceeding 20%, are designated for a moratorium, or have changed their protective function. This designation is included in the national, provincial, and district/city Mangrove Ecosystem Protection and Management Plans. Preservation of mangrove ecosystems functions as a control measure for the impacts of climate change through mitigation and adaptation. These efforts are carried out in accordance with applicable regulations. The Central Government and Regional Government provide equal rights and opportunities for the community to participate in the Protection and Management of Mangrove Ecosystems. The community's role, as referred to, is realized through: community empowerment, provision of incentives, and involvement of the community.

9. Community Based Mangrove restoration in Demak Semarang and Brebes To reduce the intensity of coastal flooding the community with the assistance from NGO OISCA and building with nature project and CSR to plant and rehabilitate mangrove in their sinking village. There is women lives in the sinking village who fight against SLR to and plant mangrove Prioritising the role of women in preserving the coastal and mangrove environments creates opportunities for accelerating sustainable development Women utilise the leave to make cracker and sell it.

10. Mangrove Restoration Semarang Mangrove has been cut for shrimps aquaculture in 1980-1990 which resulted increasing coastal flooding. There is damage of shrimps aquaculture and community sell their lands to companies. Local leaders and his wife has initiative to restore and rehabilitate mangrove collaborate with NGOs, academics, governments and companies through CSR Many locals are in the beginning are skeptical about this initiatives. Women use mangrove for batik and crackers. There is uncertainty of mangrove continuity as the status of the land is owned by companies. There is potential impacts mangrove will be damage with the establishment of giant sea wall

11. Mangrove Restoration Brebes Mangrove has been cut for shrimps aquaculture in 1980-1990 which resulted increasing coastal flooding. Mangrove plantation and restoration are initiated by local leader in late 1990 assisted by NGO Kehati in pandansari village. 30 percent of groups for this mangrove restoration is women. 3,5 million mangrove has been planted in 210 ha. This areas then develop into ecotourism managed by local people. Women group utilize mangrove for batik

12. Ways Forwards Nature Based solution can have co benefit for mitigation and adaptation of climate change Nature based solution is increasingly recognized as potentially sustainable and cost effective solution to reduce coastal flood risk, benefited environment, economy and community. Need to synergies the policy between central, local and community on the protection of mangrove. Women play important role in mangrove protection and sustainable use. Need more empowerment and capacity building.

13. Conclusion Mangrove cutting in the past for aquaculture has resulted in coastal flooding. Mangrove restoration and protection is urgently required as nature based solution to tackle climate change and benefited the local communities. Women play important role especially for utilisation and sustainable use of mangrove.