Legal Protection Concerning Marine Environment And Coastal Areas Of Indonesia Based On The Convention On Biological Diversity (CBD) Tri Fenny Widayanti (a*), Eka Merdekawati Djafar (b), M. Zulfan Hakim(b), Syarif Saddam Rivanie (c)
a) International Law Department, Faculty of Law, Hasanuddin University, Makassar 90245, Indonesia
*trifenny[at]unhas.ac.id
b)Constitutional Law Department, Faculty of Law, Hasanuddin University, Makassar, 90245, Indonesia
c) Criminal Law Department, Faculty of Law, Hasanuddin University, Makassar, 90245, Indonesia
Abstract
The Convention on Biological Diversity (CBD) have purposes to conserve biodiversity and used the components of biological diversity in a sustainable manner. Indonesia itself has ratified this CBD through The Law Number 5 of 1994 with considerations that biodiversity including ecosystems, types and genetics of animals, plants, and micro-organisms need to be guaranteed for their existence and sustainability for life. However, the management of Marine Conservation which is also one of the implementations of CBD ratification has not provided firm and clear legal protection for the management of marine and coastal environmental areas. The management of marine conservation itself is a manifestation of sustainable development that stated in the Sustainable Development Goals, Goals 14, Conserve and Sustainability use the oceans, seas and marine resources for sustainable development and it is clearly seen that the principles of sustainable development have not been effective synergized in the implementation of CBD in Indonesia. This study uses a judicial normative approach with descriptive analytical research to describe and analyze the used of the international legal instrument in national. The Result of research are The regulation of underwater biodiversity related to a sustainable environment which regulated in various international, national and local provisions, must be explicitly determined about the importance of protecting and conserving biological diversity, including marine biodiversity. The related framework also should accommodate of its availability and ecosystems for a sustainable environment and human benefits for present and future generations. As a result of the destruction of marine ecosystems including marine biodiversity must be given sanctions for the violators, the sanctions can be in the form of administrative sanctions, criminal sanctions or civil sanctions.
