42
L. Nurhidayah
provides protection and accommodation options such as spatial planning implementation and building coastal dyke or sea wall; Law No 24/2007 provides retreat options
in DRR. Article 32 states that the government can decide that disaster-prone areas
are restricted for settlement and/or remove the land title or the ownership of the land
and pay compensation to the people that land title being removed from.
Despite Law No 24/2007 recognized flood as disaster, the drawback of this legislation is coastal flooding due to SLRwhich is not categorized as disaster. The Law only
recognizes flooding as a result of heavy rain from the land. According to Government
Regulation No. 64/2010 on Disaster Mitigation in Coastal Areas and Small Island,
disaster needs to be sudden and creating shock and damage at certain times. While
coastal flooding is occurring daily. Therefore, there is no effective response from
BNPB or BPBD to this kind of disaster as resulting of SLR.
In addition, there is no effective response to the forced migration as a result of
SLR. As the legislation only covers rehabilitation and reconstruction in terms of
post-disaster in the area of disaster and does not cover the permanent mobility of
the people from the disaster areas to other safe places. Therefore, there should be
amendments to national disaster management Law No 24/2007 to include a reference
to climate change and outline possible responses to climate change impacts.
Law of the Republic of Indonesia, No 32/2009: Environment
Protection and Management
Law No 32/2009 is an important legislation related to ecosystem-based approach to
adaptation for climate change in coastal areas. Recognition of the concern of climate
change impact has been stated in Law No 32/2009 on Environmental Management.
Article 21 (4) stated that the criteria of environmental damage due to climate change
impact is based on increasing of temperature, sea-level rise, storm, and drought.
Law No 32/2009 is adopting protection of soft structures within mangrove forests.
Mangrove forests could play an important role in protecting coastal areas from
sea-level rise. According to a study conducted by the University of Southampton,
mangroves have the ability to create a buffer zone between the sea and the land
(Southampton 2015). The protection of mangroves has been regulated in several
other legislations including Law No 5/1990 on Conservation of Living Resources
and their Ecosystem and Law No 41/1999 on Forestry Law. However, degradation of
mangrove forests in some areas cannot be avoided as they are converted into shrimp
farming or other developments.
L. Nurhidayah
provides protection and accommodation options such as spatial planning implementation and building coastal dyke or sea wall; Law No 24/2007 provides retreat options
in DRR. Article 32 states that the government can decide that disaster-prone areas
are restricted for settlement and/or remove the land title or the ownership of the land
and pay compensation to the people that land title being removed from.
Despite Law No 24/2007 recognized flood as disaster, the drawback of this legislation is coastal flooding due to SLRwhich is not categorized as disaster. The Law only
recognizes flooding as a result of heavy rain from the land. According to Government
Regulation No. 64/2010 on Disaster Mitigation in Coastal Areas and Small Island,
disaster needs to be sudden and creating shock and damage at certain times. While
coastal flooding is occurring daily. Therefore, there is no effective response from
BNPB or BPBD to this kind of disaster as resulting of SLR.
In addition, there is no effective response to the forced migration as a result of
SLR. As the legislation only covers rehabilitation and reconstruction in terms of
post-disaster in the area of disaster and does not cover the permanent mobility of
the people from the disaster areas to other safe places. Therefore, there should be
amendments to national disaster management Law No 24/2007 to include a reference
to climate change and outline possible responses to climate change impacts.
Law of the Republic of Indonesia, No 32/2009: Environment
Protection and Management
Law No 32/2009 is an important legislation related to ecosystem-based approach to
adaptation for climate change in coastal areas. Recognition of the concern of climate
change impact has been stated in Law No 32/2009 on Environmental Management.
Article 21 (4) stated that the criteria of environmental damage due to climate change
impact is based on increasing of temperature, sea-level rise, storm, and drought.
Law No 32/2009 is adopting protection of soft structures within mangrove forests.
Mangrove forests could play an important role in protecting coastal areas from
sea-level rise. According to a study conducted by the University of Southampton,
mangroves have the ability to create a buffer zone between the sea and the land
(Southampton 2015). The protection of mangroves has been regulated in several
other legislations including Law No 5/1990 on Conservation of Living Resources
and their Ecosystem and Law No 41/1999 on Forestry Law. However, degradation of
mangrove forests in some areas cannot be avoided as they are converted into shrimp
farming or other developments.