KAIDAH HUKUM

INTEGRATED COASTAL ZONE

MANAGEMENT
(ICZM)

Bimbingan Teknis ICMZ BPSPL Padang

 THE CONCEPT OF SUSTAINABILITY
 Sustainability entails a continuous process of decision
making, so there is never an end-state just a
readjustment of the equilibrium between development
and the protection of the environment ;
 sustainability should acknowledge the right of humans to
live a life that is healthy and productive. It should allow
for equal distribution of benefits to all people and in
doing so protect the environment through appropriate
use.
 Three main standpoints :
 Economic development to improve the quality of life of people;
 Environmentally appropriate development;
 Equitable development.
 EXPECTATIONS OF ICZM

Maintaining the functional integrity of the

coastal resource systems;
Reducing resource-use conflicts;
Maintaining the health of the environment;
Facilitating the progress of multisectoral
development.
 Defining Integration
Integration among sectors:
Integration between land and water
elements of the coastal zone:
Integration among levels of
government:
Integration between nations:
Integration among disciplines:
 Constraints of ICZM

Major constraints of ICZM are mostly institutional, rather

than technological

GOVERNMENT

TOP DOWN BOTTOM UP

APPROACH APPROACH

COMMUNITY
 The New Zealand
 New Zealand is quite unique as it uses
sustainable management within legislation, with
a high level of importance placed on to the
coastal environment
 The Resource Management Act (RMA) (1991)
promoted sustainable development and it
mandated the preparation of a New Zealand
Coastal Policy Statement (NZCPS), a national
framework for coastal planning. It is the only
national policy statement that was mandatory.
 European Community
 the European Parliament and the Council
adopted in 2002 a Recommendation on
Integrated Coastal Zone Management which
defines the principles sound coastal planning
and management. These include the need to
base planning on sound and shared knowledge,
the need to take a long-term and cross-sector
perspective, to pro-actively involve stakeholders
and the need to take into account both the
terrestrial and the marine components of the
coastal zone.
 The Australian
 The Framework for a National Cooperative Approach to
Integrated Coastal Zone Management, endorsed in
October 2003
 The six priority areas addressed in the Framework are:
 integration across the catchment coast ocean continuum
 land and marine based sources of pollution
 climate change
 pest plants and animals
 planning for population change
 capacity building
 The implementation of the Framework for a National
Cooperative Approach to Integrated Coastal Zone
Management is managed through the
Intergovernmental Coastal Advisory Group (ICAG),
 Canada
 In Canada, the Oceans Act is focused
primarily on the marine environment, but
at the same time, it is an example of
federal legislation establishing wide
opportunities for integrated management,
coordinated by the national government.
 Role of legal mechanisms in integrated coastal
zone management
► law defines the powers and duties of many state and private
organizations and also naturalists involved in management and use of
the coastal zone, it provides a legislative basis within which
framework they function. Hence, the law has the potential to
encourage the ICZM process, but at the same time can be the factor
constraining this process.
► Coastal laws apply at various levels of authority: national, regional or
local.
► The law can determine the type of information on a coastal area that is
required for realization of management, can define necessary
subsequent actions with regard to public opinion (which should be
considered when founding and implementing a policy) and it can
promote harmonization of relations between various users of natural
resources in coastal zones.
 Act no.27 year 2009
► The Coastal and Small Island Act no. 27 of 2007
provides the legal basis for ICZM in Indonesia;
► Is a new paradigm of coastal and small island
development, from a centralistic style of resource
management in which gradually fall into “participatory
style of resource management”
► The management of coastal Zones and Small Islands is a
process of interagency planning, exploitation,
surveillance and control of coastal zones and small
islands resources, between central and local
government, between the land and marine ecosystem,
as well as between science and management, to
enhance people prosperity
 Problems of Implementing
► Lack of better understanding on relates regulations ( esp Act
27/2007);
► In most cases, ICMZ not yet put as priority at the regions;
► No definite roles and responsibility of each agencies managing
ICMZ;
► Lack of coordination among the agencies at various level of
government;
► Lack of marine spatial plan in the area concern or at local
government level;
► Ambiguity and overlapping with respects to various laws and
jurisdictional issues;
► Lack of capacity among the person who’s dealing with ICMZ
 SOLUTIONS
► A dynamic, multi disciplinary and multi level interactive
processes should be introduced ;
► Establish a better understanding the importance ICMZ among
the relevant agencies in the region;
► Accomplish relevant regulation ordered by Act 27/2007,
especially on ICMZ;
► Local government should establish spatial plan on ICMZ and
further agendas of implementation;
► Improve management capacity for the local staff & people;
► Avoid inconsistencies may occur during the implementation
processes.
TERIMA KASIH