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Transcript of Siry Coastal Zone Management
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Coastal Management, 34:267285, 2006
Copyright Taylor & Francis Group, LLC
ISSN: 0892-0753 print / 1521-0421 online
DOI: 10.1080/08920750600686679
Decentralized Coastal Zone Managementin Malaysia and Indonesia: A Comparative
Perspective1
HENDRA YUSRAN SIRY
Agency for Marine and Fisheries Research (AMFR)
Ministry of Marine Affairs and Fisheries (MMAF)
Jakarta, Indonesia
Transferring decision-making process from central to local government and enhancingthe role of local communities in managing coastal zones is an increasing commitmentby governments in Southeast Asia. This article analyzes decentralized coastal zonemanagement in two neighboring countries, Malaysia and Indonesia. The Federalsystem in Malaysia is argued to be able to influence more decentralized coastal zonemanagement and to promote community-based management approaches. Meanwhile,the large diversity of coastal resources and communities combined with a still as
yet tested decentralization policy in Indonesia is argued to bring more challenges inimplementing the decentralization and community-based approaches in coastal zones.The lessons learned in this study provide insight in how far decentralized coastal zone
management has taken place in Malaysia and Indonesia. The significant differences inthe pattern of coastal zone management in these two countries are discussed in detail.This study recognizes that co-management and community-based approaches can beappropriate in dealing with coastal zone management. This comparative perspective is
important to the development of a bigger picture of sustainable coastal zone managementprocesses and cross-regional knowledge-sharing in Southeast Asia.
Keywords coastal, co-management, community-based, decentralization, Indonesia,Malaysia
Introduction
In the Southeast Asia region, coastal zones have been used for different purposes including
tourism, fisheries, transportation, mining, and communication (Pomeroy, 1994; Dutton &
The author thanks the Asian Scholarship Foundation (ASF) and the Agency for Marine andFisheries Research (AMFR) Ministry of Marine Affairs and Fisheries for facilitating this comparativeresearch at Universiti Kebangsaan Malaysia (UKM) under the Asia Fellow 20022003. The authorexpresses the highest appreciation to the Vice-Chancellor of UKM and Director of Institute forEnvironment and Development (LESTARI) of UKM for their permission and assistance in the conductof this research in Malaysia. The author also thanks David Lawrence (Fellow RMAP, ANU), GailCraswell (Senior Adviser, ALSC ANU), Prof. James J. Fox (Director RSPAS, ANU), Sri Novelma,Hezri Adnan (CRES, ANU), and Margo Davies (RMAP ANU) for their valuable inputs and criticisms.Finally, thanks are due to the Journals two anonymous reviewers for their constructive suggestions.
Address correspondence to Hendra Yusran Siry, Agency for Marine and Fisheries Research,Ministry of Marine Affairs and Fisheries, Jl. M.T. Haryono Kav. 52-53 Pancoran, Jakarta 12770,Indonesia. E-mail: [email protected]
267
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268 H. Y. Siry
Hotta, 1995; Pomeroy, 1995; UNEP, 2001). These multiple uses, combined with rapid
economic and industrial growth in recent decades, have attracted an increasing percentage
of the population to live in coastal areas (UNEP RRCAP, 2004). This increased population
has led to a significant impact on coastal and marine resources (Adeel & Pomeroy, 2002;
Burke et al., 2002; UNEP RRCAP, 2004). This tendency can be seen both in Malaysia andIndonesia. Because of this growing demand, consumption, and services, coastal zones have
been increasingly exploited. Degradation of the coastal zones and their resources has been
clearly suffered as a result of, but not limited to, inadequate institutional and management
capacity (Hildreth & Gale, 1995; Dahuri et al., 1995; Dahuri, 1996; Dahuri & Dutton,
2000), lack of decentralization mechanisms, and ignorance of the role of the community in
implementing integrated coastal management (Andiko & Seprasia, 2002; Pador & Zakir,
2002; Indrawasih et al., 2003; Siry, 2005). Such a situation demands improvement.
As can be seen in other parts of the world, the management of the coastal zone in the
Southeast Asia region is by the lengthy reaction to the range and complexity of [coastal
resource] Issues (Kay & Alder, 1999, p. 71). Kay and Alder argue that coastal zone
management remained constrained by a governance style derived from the early 1970swhen coastal zone management was first introduced into the governance system. The
challenge in coastal zone management now is for governments to respond and to redefine
their management in the new millennium of globalization, information and technology
revolution, post-colonialism, community empowerment, and the decentralization of
governments (Sorensen, 1993; Tjokrowinoto, 1999; Sasono, 1999). Globalization and
rapid development of information technology have increased community awareness of
governance and created more opportunities for local participation and empowerment
through a free flow of information and lesson-learned exchange. The economic and social
changes of the last 20 years in the forms of liberalization, privatization, and reformation
of markets require decentralized management of the governance system (Castells, 1996;
Adger, 2003). The entire new millennium phenomenon brings new demands on central
governments, prompting them to reassess their limited capability to deliver services and
provide for community participation in governance (Kristiadi, 1999; Masoed, 1999).
In Southeast Asia, the demand to shift the role of the central government to lower
government levels and the community was initiated by several significant factors. At least
three factors that influenced the transformation of the governance system were pointed out
by Cheema and Rondinelli (1983). Those three factors include (i) lack of expectation on
central planning and control of development activities; (ii) the emergence of growth-with-
equity strategies; and (iii) the growing realization of the increasing difficulty of managing
and planning development activities as society becomes more complex. More specifically,
coastal zone management in the Southeast Asia region requires the transfer of decision-making processes from central to local government and placing the local community as an
important player in regional development (Pomeroy, 1995). The huge range in biodiversity,
the large variation in the types of coastal zones within a country, varied human populations
and diverse regional economies among regions within a country are the main reasons why
coastal zone management needs to be decentralized2 and community-based approaches
promoted3 (Alm & Bahl, 1999; Dahuri & Dutton, 2000).
Historically and traditionally, community-based approaches have existed in indigenous
societies that have relied on practices such as restricted access, or open and closed seasons
to certain coastal and fisheries resources (Andiko & Seprasia, 2002; Pador & Zakir, 2002;
Zerner, 2000, 2003; Siry, 2005). Some of these management regimes are still in place today
because of their effectiveness locally, and respect for local customs and conditions (Bailey
& Zerner, 1992; Antariksa et al., 1993; Basiago, 1995; Fox, 1996) such assasiin Maluku,
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Decentralized CZM in Malaysia and Indonesia 269
Indonesia (Benda-Beckmann et al., 1995; Evans et al., 1997; Novaczek et al., 2001). The
uniqueness and diversity of decentralization and community-based approaches in coastal
zone management in Southeast Asia have been academically documented and compiled.
This is parallel to the increasing number of projects that either promote community-based
management or use this approach as a project tool (Crawford et al., 2006).Some projects document traditional community-based fishery management in Asia,
Pacific regions (Ruddle, 1993; FAO, 1994; Pomeroy, 1994, 1995; Ruddle, 1994; Bailey,
1986), which provide practical guidance and brief information for researchers, practitioners,
and policymakers on community-based management. There are also a number of
comparative perspectives (White et al., 1994; Pomeroy & Carlos, 1997; Cicin-Sain et al.,
1998; Berkes et al., 2001; Adhuri & Indrawasih, 2002; Antariksa et al., 2003; Christie
et al., 2005) that emphasize the revitalization of community-based management systems as
a broad strategy for managing coastal resources (Pomeroy, 1995).
However, most of this broad body of literature mentioned earlier was either undertaken
prior to major policy change in Indonesia and Malaysia or was conducted under old political
settings and before the 1997 Asian economic crisis. In addition, there are less focusedbodies of literature on the continuing decentralization processes, especially in Indonesia
(Dutton, 2005). The reviews on Malaysia were undertaken before the 1997 Asian economic
crisis. Similarly, the reviews on Indonesia were conducted before the Reformasiera,which
commenced in 1999 and led to substantial changes to the local government system since
then. Therefore, more in-depth and recent comparative analyses of decentralization and
community-based approaches between two neighboring countries, Malaysia and Indonesia,
needs to be better understood.
This study is a response to the need for more information on the extent to which
decentralized coastal zone management has taken place in Malaysia and Indonesia. The
Federal system in Malaysia is argued to be able to influence more decentralized coastal
zone management and to promote community-based management approaches. Meanwhile,
the large diversity of coastal resources and communities combined with a still as yet tested
decentralization policy in Indonesia is argued to bring more challenges in implementing
the decentralization and community-based approaches in coastal zone. The challenges are
exemplified with the initiation of the Coastal Zone and Small Island Management Act (RUU
Pesisir) in Indonesia.
Thus, a comparative analysis of how neighboring countries manage their coastal
resources will provide a greater understanding of the lessons learned. The increased
understandings of the diversity and uniqueness of coastal zone management practices in
Malaysia and Indonesia will enrich cross-regional knowledge. The lessons learned from this
study will further contribute to the development of a bigger picture of sustainable coastalzone management processes and cross-regional knowledge sharing in Southeast Asia.
CZM Orientation and Overview in Malaysia
Malaysia is the only constitutional monarchy (kerajaan berperlembagaan) in Southeast
Asia with a federal system. According to the Federal Constitution of Malaysia 1957, the
government system consists of three-tiers: federal, state, and local (municipal and district)
governmental structure (Mokhtar & Aziz, 2003). The evolution of coastal zone management
initiative in Malaysia is driven by the problem-based and reactive approach to resources
degradation and international commitments (Ahmad, 1994; Cicin-Sain et al., 1998; Basiron,
2002; Mokhtar & Aziz, 2003).
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270 H. Y. Siry
Prior to 1980, the management pattern of coastal resources, such as fishery resources,
was more problem-based. Until then most programs and schemes were only reactive
(Ahmad, 1994). This approach lacked a framework with an overall plan for optimum
utilization of resources. Moreover, Ahmad (1994) states that the approach was also deficient
in sensitivity to socioeconomic needs for sustainable fishing and resource management.
In 1981 the Malaysian government introduced a Fisheries Comprehensive Licensing
Policy (FCLP)4 as part of the New Economic Policy (FAO, 2001). Ahmad (1994) explains
that this policy was more comprehensive and addressed the imperative issues in fisheries
such as over-exploitation, poverty, income disparity, and regional and racial imbalances
in the fishing industry. The key feature of this policy was a zoning system for fishing
grounds to prevent conflicts among fishermen. Ahmad (1994) stresses that there are four
established zones to regulate the fishing activities. The concept of maximum sustainable
yields (MSY) was employed to determine the number of vessels that could operate in each
zone. This policy has resulted in an increase in productivity and in catch per unit effort
(CPUE) (Ahmad, 1994).
With regard to the growing need for the conservation of the fisheries resources,the government, through the Fisheries Department and Fisheries Development Authority
(LKIM), has launched artificial reefs (ARs) or tukun tiruan and fish aggregating devices
(FADs) or unjam-unjam programs (Yahaya, 1994). These two approaches are intended
to enhance the productivity of the biomass and to rehabilitate and conserve marine and
coastal habitats adversely affected by unsustainable fishing activities. These approaches
are expected to provide for the recovery of marine and coastal resources, and to then ensure
the conservation and enhancement of the fisheries resources. Yahaya (1994) explains that
while the unjam-unjam project became popular for managing fishery resources, it also
brought up several significant issues related to ownership, accessibility, use rights, and
the overall management of fisheries resources. In other words, the unjam-unjam program
had the potential to convert an open-access regime into an appropriate property rights
management regime.
The growing need for coastal zone management in Malaysia began when the federal
government responded to coastal erosion caused by a variety of natural and man-made
processes. As a subject of major national concern, the Malaysian government launched the
National Coastal Erosion Study during 19841985 (Mokhtar & Aziz, 2003). The important
results of this study were recommendations for implementing proper long-term planning
to prevent coastal erosion. In addition, two important institutions related to coastal zone
management were established in 1987 (Cicin-Sain et al., 1998): the Coastal Engineering
Technical Center (CETC) and the National Coastal Erosion Control Council (NCECC).
Clearly, the response and initiative of Malaysia to manage coastal zones was driven by theengineering and reactive action point of view. This is quite similar with trend response to
coastal zone management in that decade (Abdullah, 1992; Hale & Kumin, 1992; Olsen
et al., 1992; Coast Conservation Department, 1997).
The CETC5 is an important unit for preventing coastal erosion by providing technical
input to the national government. This unit is in charge of implementing coastal erosion
control, designing engineering works for critical erosion areas, providing technical support
to the NCECC, providing technical advisory services to other government agencies, and
collecting coastal engineering data (EPU & DANCED, 1999).
The NCECC is a multi-agency council composed of representatives from several
federal government agencies, professional institutions, and universities (Cicin-Sain et al.,
1998). For day-to-day management, the government appointed a Director-General of the
Implementation Coordination Unit (ICU) within the Prime Ministers Department as the
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Decentralized CZM in Malaysia and Indonesia 271
chairman of NCECC. The main outcome of this council was the General Administrative
Circular No. 5 in 1987. According to this guideline, every development proposal in the
coastal zone must receive approval and comment before proceeding from the CETC
(Cicin-Sain et al., 1998). Due to the lack of integration and coordination and ambiguity in
the implementation of this circular, the administrative circular has not achieved its aims
(Ahmad, 2001).
Between 1986 and 1992, Malaysia, with the assistance from the United States
Agency for International Development (USAID) conducted a comprehensive integrated
and multidisciplinary coastal resource management enquiry both at federal and state levels
using, as a pilot project, a coastal zone management study in the southern part of Johor.
The outcome of this study was a formal document and guide in matters relating to coastal
reclamation, development of coastal swamp forest, and other development activities in
coastal areas (ASEAN-USAID CRMP, 1991). Another outcome was the enhancement
of the federalstate coastal resources management planning process and collaboration
through the establishment of two committees, the National Steering Committee (NSC)
and the Johor State Consultative Committee (JSCC). The project also brought togethercollaborative research and technical assistance by resource managers and university-based
research scientists (ASEAN-USAID CRMP, 1991).
In 1992, Malaysia created a National Policy on Coastal Resources Management as
the product of an Inter-Agency Planning Group (IAPG) with EPUs Agriculture Section as
the secretariat. The IAPG began work on examining issues related to coastal resource
management focusing on the development of a coastal resources program in a more
integrated, systematic, and scientifically sound manner. The intention of the group was
the establishment of effective, coordinated, institutional mechanisms at the federal and
state levels, and enhancement of the staffing and expertise of relevant agencies for coastal
zone management (EPU & DANCED, 1999).
The most recent initiatives toward integrated coastal zone management in Malaysia
are the pilot projects being undertaken in Sabah, Sarawak, and Pulau Pinang (Penang) to
formulate integrated coastal zone management plans at the State level (EPU & DANCED,
1999). Another on-going effort is the development of a National Coastal Zone Management
Policy (Basiron, 2002), which is a mandate of the Seventh Malaysia Plan (7MP) 19962000.
The Malaysian government, with the support of the Danish government, through
the Danish Cooperation for Environment and Development/DANCED, conducted the
Integrated Coastal Zone Management (ICZM) Project in Malaysia in order to build
local capability in environmental administration and organization. The main aim of the
ICZM project was to have all states in Malaysia replicate the effort of the pilot projects
and produce their respective integrated coastal zone management plans. The project hasalso been designed to prepare a complete Integrated Coastal Zone Management system,
including updated coastal zone profiles. To reach this objective, the project conducted
several institutional strengthening and capacity building initiatives to institute proactive
coastal zone management.
The project consists of a Federal Component that has a target to develop National
Policies for Coastal Zone Management and three State Components that involve setting
up integrated coastal zone management (ICZM) in Penang, Sarawak, and Sabah. The
Federal Component includes providing instrumental experience in the development of
national policies on integrated coastal zone management whereas the State Components
are considered as pilot projects and related to the Federal Component. At the state levels,
the projects are considered as independent, full-scale projects addressing management
requirements in their respective coastal areas. For instance, in Sabah, the project was
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272 H. Y. Siry
Table 1
Important moments of coastal zone management in Malaysia
Year Important moments
19841985 National Coastal Erosion Study19861992 South Johore coastal resource management project with United States
Agency for International Development (USAID)
1987 Government circular on coastal development
Environmental Impact Assessment Order 1987
19911996 National Coastal Resource Management Policy
1993 National Conservation Strategies prepared by WWF
1995 Study toward developing a National Integrated Ocean Policy by Maritime
Institute of Malaysia
1996 National Aquaculture Guidelines
1997 Town and Country Planning Department Guidelines on Coastal
Development
Department of Irrigation and Drainage Guideline on Coastal Zone
Management
Integrated Management Plan for sustainable use of Johore Mangrove
Forests
Environmental Profile of the Malacca Straits under the
GEF/UNDP/IMO Regional Programme
19972000 Pilot integrated coastal zone management projects in Sabah, Sarawak, and
Penang
1998present Drafting of the National Wetlands Policy
1999 Department of Environment Guideline for environmental impactassessment in coastal zone development projects
1999present National coastal zone policy initiative
2001present Preparation of an Integrated Shoreline Management Plan for beach
conservation and Restoration
20012004 Integrated Coastal Management pilot study in Klang, Selangor under the
GEF/UNDP/IMO/PEMSEA Regional Programme
Source:Mokhtar and Aziz (2003).
implemented with the adoption of the concept of a Task Force6 (ICZM Sabah, 2002). Insummary, the evolution of coastal zone management initiatives can be seen in Table 1.
In response to coastal resources degradation, Malaysia promoted the idea of shared
responsibility for monitoring, control, and surveillance (MCS) with local communities in
managing coastal resources. Under the proposed MCS system, the community fishers
organizations and NGOs will also have increased responsibility for monitoring and
surveillance. The federal government will maintain responsibility for control and law
enforcement. At the state level, ad hoc working groups or committees have been established
to examine coastal management and development. The states have also assigned a desk
officer to be in charge of coastal area management in each economic planning unit.
By looking closely at the evolution of coastal zone management initiatives, it is
apparent that the coastal zone management strategy adopted in Malaysia is still conducted
on a project-oriented basis, problem-driven with the absence of a single institution in
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Decentralized CZM in Malaysia and Indonesia 273
charge specifically of managing the coastal zone. Coastal zone management in Malaysia
is distinguished by the involvement of a variety of agencies that each operate on coastal
management (Saharuddin, 2001). For example, the Coastal Engineering Division of the
Department of Drainage and Irrigation is solely responsible for engineering design for
coastal protection. Currently, the EPU of the Prime Ministers Department plays an
important role in coordinating development planning. This agency has the responsibility
for planning and monitoring mechanisms for the coastal zone.
In the absence of an agency with overall management responsibility, Basiron (1998,
2002) recommended the establishment of a supervisory Cabinet Committee on Maritime
Affairs (CCMA). The High Level Officials Committee (HLOC) on maritime economics
and security ideally supports this committee. Basiron (1998, 2002) also proposes the
establishment of a National Ocean Council to support the initiative toward an integrated
approach to marine and coastal zone management in Malaysia.
However, there are still strong centralist political influences in coastal and fishery
management in Malaysia. This has resulted in the lack of coastal community-based
management practices in Malaysia. The current administrative arrangements have led to thelack of organizational capacity within important institutions that should support community
based and collaborative management. There is also a lack of self-management capability
within the communities themselves.
One important structural problem in the administrative process is that fiscal
decentralization in Malaysia is characterized by a lack of fund transfers from the federal to
the state governments. Calestino (2001) confirmed that transfers consist of less than one-fifth
of the total revenues of local governments. This situation has resulted in local governments
being under-financed for their assigned functions. Meanwhile, local governments require
additional funds to carry out their mandated tasks. This is one of several issues in the
statelocal government relationship that still requires resolution.
All these conditions illustrate that federalism as a system of government does not
necessarily lead to the level of decentralization specified in the Federal Constitution,
nor does it provide for the autonomy of local governments (Calestino, 2001). To some
extent, centralization gives the impression that things are working well in Malaysia. This
is evidenced by high levels of economic development. It appears that there is little need to
decentralize the coastal zone management in Malaysia. However, problems of centralization
and lack of attention to community-based approaches are still issues that need to be seriously
addressed.
CZM Orientation and Overview in Indonesia
Indonesia is an archipelagic nation with diverse coastal resources, coastal communities,
culture, and customs (Sloan & Sugandhy, 1994; Dahuri et al., 1995; Dahuri, 1996; Idris &
Siry, 1997; Tomascik et al., 1997). Like Malaysia, Indonesia has also a three-tier government
system: central, provincial, and local (districts and cities).
The evolution of the coastal zone management initiative in Indonesia was triggered by
international and bilateral donor agencies through their programs and projects (ASEAN-
USAID CRMP and DGF, 1992; Rais, 1993; Soendoro, 1994; Dahuri, 1996; Soegiarto,
1996; Idris & Siry, 1997; Dahuri & Dutton, 2000), such as the Asian Development
Bank (ADB), United Nations Development Programs (UNDP), United States Agency for
International Development (USAID), World Bank-IBRD, Global Environmental Facilities
(GEF), AusAID, and JICA. The important moments in coastal zone management in
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274 H. Y. Siry
Table 2
Important moments of coastal zone management in Indonesia
Year Important moments
1982 Indonesia has ratified the 1982 United Nation Convention on the Law ofthe Sea (UNCLOS).
Announcement of Indonesia government target to set aside 10 million ha
of marine waters (5% of the total marine territory) as marine
conservation zones by the end of the year 2003.
Integrated coastal management studies have been conducted as pilot
project areas such as Segara AnakanCentral Java; Coastal
Environmental Management and Planning (CEMP) and
Buginesia-South Sulawesi.
1987 Marine science and marine technology education have been established at
six universities (UNRI, IPB, UNDIP, UNHAS, UNSRAT, and UNPATTI)
1989 Collaborative research and education programs with various research
institutions, such as the Asian Living Coastal Resource Program,
cooperation between CSIROLIPI, and AIMSCRIFI MMAF in Bali.
19931998 The Marine Resource Evaluation and Planning (MREP) project was started
as the first initiative on decentralized coastal zone management
1997 A postgraduate program in Integrated Coastal Management Studies was set
up in IPB Bogor, followed by UNHAS and UNDIP.
1998 The commencing of multilateral Coral Reef Rehabilitation and
Management Program Phase I (COREMAP I) after three years project
design and preparation.
1999 Establishment of Ministry of Marine Affairs and Fisheries Involvement some international NGO in marine conservation projects
Strengthening bilateral aid program such as CRMP (Coastal Resource
Management Project) USAID, INTECOREEF (Integrated Coral Reef
Management Project) JICA, and Collaborative Environmental Project in
Indonesia (CEPI) CIDA.
2001 Enactment of two decrees of the Minister of Marine Affairs and Fisheries
Ministerial Decree on Integrated Coastal Management and Sustainable
Small Island Management.
2002 Implementation of Marine and Coastal Resource Management Project
(MCRMP) in 15 provinces and 43 districts.
Mid-2003 Implementation of Coral Reef Rehabilitation and Management Project
Phase II (COREMAP II) in 7 provinces and 12 districts.
Source:Modified from Pratikto (2001) and Dahuri and Dutton (2000).
Indonesia are presented in Table 2. These initiatives were directed at establishing the concept
of integrated coastal zone management and were accompanied by efforts to improve the
administrative capacities of local governments in the coastal zones (Idris & Siry, 1997).
Decentralized coastal management and the community based approaches were the main
themes promoted by donor agencies.
TheReformasiera,which commenced in 1999, has brought new models for managingcoastal zones in Indonesia. Coastal zone management in Indonesia is entering a new
phase as a result of two new laws (Laws 22 and 25/1999, which then revised as Law
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Decentralized CZM in Malaysia and Indonesia 275
32 and 33/20047). The laws emphasize the decentralization process and enhance the
communitys role in managing resources. These laws readjust the hierarchical relationship
between the provincial and the local governments. The local governments, both kota and
kabupaten (cities and districts), have become autonomous and are no longer obliged to
hierarchy report to the provincial government. The laws also give more authority tolocal governments to manage their resources in a sustainable way. This reflects a trend
to give management autonomy to organizations and units providing direct services to
local communities and requiring the implementation of agreed-on performance indicators
(managerial decentralization). More community and stakeholder involvement in the
management of local public services is an important concern in the decentralization
context (UNDP, 1998; Uphoff, 1998). This involvement will also have implications for
de-bureaucratization and the empowerment of civil society.
The endorsement of Law 22/1999 brought an opportunity to revitalize and institu-
tionalize traditional rights and norms into local governance systems. It also seeks to
encourage community-based and collaborative management, such as sasi (open-closed
system in Maluku), panglima laut(traditional resource manager in Aceh), malimau pasie,malimau kapa, and alek pasie(traditional fishing ritual in West Sumatera) processes. The
law recognizes local community-based resource management systems in coastal zone and
fisheries. The recognition of local authorities and the concepts of customary law and local
territorial rights, which have a long history of practice in Indonesia, allow for their adoption
and adaptation into local governance policy.
The law also completely corrects Law Number 5/1979 regarding Village Administra-
tion, which served to accelerate the erosion of traditional institutions, rights, and norms.
In many respects, the previous law damaged the diversity of traditional values and created
uniformity of village administration. This law failed to acknowledge the autonomous village
level system such asnagarisystem in West Sumatra orkrama desain West Nusa Tenggara(Haba & Mulyani, 2001).
Law 32/2004 established a decentralized coastal zone, under provincial administration
that extends up to 12 nautical miles from the coastal shoreline and over one-third
of the provincial waters, seaward from the island shoreline, under local government
administration. Under this law, the central government has authority and jurisdiction to
explore, conserve, process, and exploit the resources beyond the 12 nautical miles mark to
200 nautical miles, specifically within the Exclusive Economic Zone (EEZ). The central
government also has the right to enforce the law and regulation of waterways. The law
also clearly notes that traditional fishing rights are not to be restricted by the decentralized
coastal zone delimitation. This means that the traditional fishermen8 can access fishing
grounds beyond the decentralized coastal zone.According to this law, both provincial and local government administrations have
six tasks to undertake in management of their decentralized zones (Article 18), namely
(i) exploration, exploitation, conservation, and management of coastal resources, (ii)
administrative affairs, (iii) zoning and spatial planning affairs, (iv) law enforcement of the
regulations issued by the regions or delegated by the central government, (v) participation
in the maintenance of security, and (vi) participation in the defense of state sovereignty.
The law also states that the authority of and mandatory tasks for both provincial and
district/cities administrations are similar; they just differ in matters of scale (Articles 13
and 14). There are 16 mandatory tasks9 under these regulations. However, the province
still holds authority in three primary fields: (i) cross-jurisdictional districts and cities, (ii)authority not yet, or not able to be, handled by the city and district administration; and (iii)
administrative authority delegated from the central government.
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276 H. Y. Siry
In line with this law, and to determine the distribution of power, the previous principal
regulation: Government Regulation (Peraturan Pemerintah) No. 25/200010 has to be
revised. The revised regulation should address many of the administrative gaps, and clarify
scales of authority in the mandatory affairs of the central, provincial, and local governments.
It also needs to establish policies, guidelines, criteria, standards, and supervision on a host
of issues.
Nevertheless, the process of decentralization of coastal zone management in Indonesia
is still in its infancy. It requires central and local governments to ensure that decentralization
does not lead to an initial breakdown or disruption of public services. A new system and
value for policy formulation and implementation has to be created. Central and local
governments have to comprehend that although there will be new benefits, there will
also be constraints. Unless these are understood, decentralization will fail. This failure
may be rooted in the previous centralist approach to coastal and fisheries management in
Indonesia (Ruddle, 1993). Centralization clearly discouraged the traditional community-
based management system and caused endemic conflicts in the fisheries sector (Bailey,
1986).Under the centralist administrative approach, environmental policies were designed
to be applied and implemented in all regional areas of Indonesia regardless of their local
problems and the complex social, economic, and cultural diversity that existed across the
archipelago. Applying and implementing this uniform approach resulted in a heavy-handed
approach. Rasyid (2002) argued that the centralist approach limited the ability of local
governments and communities to think and act creatively, especially in times of social and
economic crisis. Indonesias experience in responding to the massive economic crisis of
1997 is a good case in point. Decentralization is in part a response to those period when
local governments that lacked administrative skills failed to help manage the impact of
the crisis in their own regions and territories (Rasyid, 2002).
The centralist approach also exerted significant pressure on the democratization
process and the establishment of good governance principles. Decentralization in Indonesia
is seen as a vital pillar in the movement toward democratization following a long
period of repressive rule. Decentralization of coastal zone management is fundamental to
giving greater opportunities for local governments and communities to manage their own
resources. However as Indonesia is still experimenting with democratic governance, the
process of decentralization is a real risk. The success of decentralization will be measured
not just in the movement of the structures of power and finance to the regions but in the
provision of effective and efficient services. Currently, the regions of eastern Indonesia
show critical lack of capacity and this is one area that must be addressed by both national
and local administrations.In the current process of decentralization of coastal zone management in Indonesia,
there are already examples of uncoordinated actions by local governments eager to claim
rights to coastal resources. They are already establishing their local acts (Peraturan
Daerah/Perda), which are more concerned with revenue raising than with ecological
and sustainable principles. Examples include the unsustainable mining of coral and
sand (Dutton, 2005). The euphoria for creation of local legislation comes in line with
a World Bank (2002) warning about the decentralization process, which comments that key
players are not convinced that greater decentralization [will] have a positive effect. The
lack of capacity of local government administrations in taking effective coastal resource
management initiatives still remains a major obstacle. Other potential barriers are the
diverse opinions and interpretations of the process, even within individual ministries and
major government agencies at the central level.
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Decentralized CZM in Malaysia and Indonesia 277
In addition, conflicts over management of coastal resources still occur. Each
development sector has set its own objectives, targets, and operational plans. These primarily
aim to increase economic benefits. However, objectives and targets of different sectors
often overlap and are incompatible. Most of these sectors do not have common goals
and objectives to sustain the coastal resources. At the same time, local governments set
ambiguous objectives because they did not have any clear authority to manage coastal
resources until the year 2000. In most cases, they have extremely limited direct revenues,
which leave them dependent on allocations from the central government. All the major
areas of decision-making power are either in the hands of the central government or, to a
far lesser extent, at the provincial government level. Without any integrated and sustainable
order, the conflicts will continue and increase while becoming more complex. Clearly,
decentralized coastal zone management must address this conflict over management and
the ambiguity of various laws applied in coastal zone.
For almost five decades, coastal zone management in Indonesia has been suffered
by a confusing ambiguity of various laws and jurisdictional disagreement (Alder et al.,
1994; Purwaka, 1995; Kusumaatmadja & Purwaka, 1996; Patlis et al., 2003; Satria &Matsuda, 2004). There are approximately 22 laws that affected the coastal zone (Patlis
et al., 2003) that need to be harmonized to prevent ineffective and incompetent management
(Fox et al., 2005). These are sectoral-based lacking in integration and unconcerned with
sustainability principles. The enforcement of those laws caused ineffective management,
conflict, redundancy, and gaps among the development sectors of the country (Putra, 2003).
They lead to increase conflicts of interests among different users and threats to coastal
resources. With regard to providing a coordinated and integrated program, Ministry of
Marine Affairs and Fisheries is in the process of enacting the RUU Pesisir.11
TheRUU Pesisiraims to have a pivotal role in addressing the decentralization of coastal
zones. It encourages local governments to manage their coastal zone, and recognizes local
communities and traditional rights. This proposed act focuses on three major topics: (i)
development of a framework for coordination, integration, and consistency in management
and planning decisions; (ii) creation of a voluntary, incentive-based program for local
integrated coastal management at the city and district level; and (iii) general provisions
relating to administration and implementation, such as monitoring and evaluation, conflict
resolution, and funding (MMAF, 2002).
TheRUU Pesisiris expected to fulfill the challenge to respond to local environmental
conditions and involve stakeholders more in the development process. Hasan (2003) adds
that the RUU Pesisir indicates that the coastal zone will continue to receive more intense
environmental pressures from a wide range of users, especially development activities.
The RUU Pesisirwill obviously have a strategic role because the limited administrativeresources will not allow Indonesia to address every coastal and marine management issue
with the same degree of urgency. In addition most coastal environmental problems occur
at the local level and require solutions tailored to local conditions. Therefore, devolution
of authority and responsibility to local government for managing their coastal zone in
Indonesia is necessary.
Lessons Learned
The coastal zone management pattern in these two countries shows significant differences.
Indonesia assumes that decentralization of coastal zone management is necessary to deal
with its extensive geographical problems and its tremendous social and cultural diversity.
The enactment of Law 22/1999 and its subsequent revision, and theRUU Pesisir initiative
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278 H. Y. Siry
clearly shows the political will of the Indonesian government to decentralize coastal zone
management. Meanwhile, Malaysia considers that decentralized coastal zone management
does not match its government system. The Malaysian federal system is not necessary
suited to the decentralization process, because it requires significant adjustment to the
government structure and its internal relationships, including the statesociety relationship
(Hezri & Hasan, 2006). Therefore, decentralization is not considered to be necessary without
significant political will. Indeed as Fox et al. (2005, p. 105) mentioned decentralization is
essentially a political process involving competition among competing vested interests.
Decentralized and centralized policies are not either-or conditions (World Bank,
2002). The essential ingredients are the effective and efficient functioning of government
(Silver, 2003). This means that not all functions can or should be financed and managed in
a decentralized fashion. In the case of Malaysia and Indonesia, decentralization of coastal
zone management must create and maintain enabling conditions that allow local units of
administration or nongovernment organizations to take more responsibility. The enabling
conditions must consider the interaction of various factors in coastal zone management.
Indeed, decentralization of coastal zone management requires greater concern for andunderstanding of the relationships among stakeholders. The aim is to achieve integrated
management as well as stable ecological, economic, and social cohesion. The enabling
conditions also involve well-coordinated and carefully targeted long term development
assistance for sustainable management of [coastal zone] (Dutton, 2005).
To promote the decentralization of the coastal zone, a central government (especially
line ministry) should play a crucial role. This central government must promote and provide
trainings for all level of government in a decentralized administration. Technical assistance
is often required for local governments, private enterprises, and local nongovernmental
groups in the planning, financing, and management of decentralized functions. This is one
of the factors influencing the success of decentralization (World Bank, 2002). In addition,
the success of decentralized coastal zone management also requires the involvement of the
public, environmental protection organizations, user group representatives, and the local
community.
The involvement of various stakeholders must be a shared responsibility. This is
essential in a country with such diversity as Indonesia and Malaysia. Local community
role needs to be promoted in the management of their local resources. A more community-
oriented management approach will bring many advantages to the community and will lead
to improved environmental quality (UNDP, 1998).
More community-oriented or participatory management approaches have been the
mainstream of broader conservation strategies. The approach is also called co-management,
collaborative, joint, mixed, multiparty, or round-table management (Borrini-Feyerabendet al., 2000). Specifically, co-management has been acknowledged as an alternative
solution for managing natural resources and has some successes in its application.12
Another mainstream approach is community-based management,13 which has been used
for the last three decades (Siry, 2005). These approaches advance people-oriented,
community-oriented, and resource-based principles and prioritize partnerships among local
governments, related stakeholders, and the communities that can be more positive steps for
coastal zone management.
The key element to decentralization, co-management, and community-based man-
agement approaches is that they have the potential for creating sustainability of coastal
resources. These approaches are applied in order to get better results than those of central
governmentdominated management. Community-based and co-management approaches
bring in several important principles: evolutionary, participatory, and locale-specific. The
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Decentralized CZM in Malaysia and Indonesia 279
governments, local communities, nongovernmental organizations, and other stakeholders
are required to share responsibility and work together as mutual partners in managing
coastal zones.
However, as is particularly noticeable in Malaysia and Indonesia, co-management and
community-based approaches are not simple. In fact, they are rather complex (Pomeroy
& Williams, 1994). Although these approaches consider the long-term goals of high
productivity, social equity, and environmental sustainability, there are many obstacles to
implementation. It seems that centralization is still a powerful political agent and that
decentralization is a new and as yet untried political tool.
It is important to identify the enabling and constraining conditions of co-management
and community-based approaches. Further clarification of what significant factors are
and the relationship among factors is required. Thus, further research on comparative
community-based and co-management practices in Malaysia and Indonesia, especially the
perspectives from within these two governments, would be valuable.
Notes
1. An early version of this article was presented at the Third International Convention of Asia
Scholars, Singapore 1922 August 2003 and at the Second Coastal Zone Asia-Pacific conference
(CZAP 2004) in Brisbane, 59 September 2004.
2. The decentralized approach can be referred to the transfer of authority and responsibility
from the central to local government. As confirmed by the World Bank (2002), it is an extremely
broad development strategy, which covers a wide spectrum of general development policy goals,
and highly considers various stakeholders in its implementation. In this sense, adaptation and
adoption of decentralization must be carefully analyzed in any country before determining if it
applies decentralization as the main policy for local government administration.3. Pomeroy and Carlos (1997) provide a definition of a community-based approach in coastal
resources as a process by which residents of a coastal community are provided the opportunity and
responsibility to manage their own resources; define their needs, goals and aspirations; and make
decisions and take actions affecting their well-being.
4. According to FAO (2001), the FCLP aims at ensuring a more equitable allocation
of resources, reducing conflict between traditional and commercial fishermen, preventing the
overexploitation of the inshore fisheries resources, restructuring of the ownership pattern of the
fishing units in accordance with, and promoting deep-sea and distant-water fishing.
5. The center is now known as the Coastal Engineering Control Unit (CECU) within the
Department of Drainage and Irrigation (DDI) in the Ministry of Agriculture.
6. The Task Force system is a new approach for most stakeholders in the ICZM project in
Malaysia. Numbers of Task Forces have already been mobilized under the project to carry out thedifferent tasks involved in the ICZM Plan preparation process and to address particular coastal
management issues as they emerge. The Task Force system is argued to be the most important single
element in the ICZM project. It is considered as the main engine to achieve the immediate objectives
of the project. It is a supporting strategy of the project that all key activities related to the preparation
of an ICZM Plan be carried out by the Task Forces composed of representatives selected from
government agencies, private stakeholders, and community participation.
7. The revision of these two laws is a response to the current political requirements, such
as direct election for local leaders (Bupati and City Mayor). There has been no change in the title
of these two laws. However, articles concerning the coastal issues in previous law (Law 22(1999),
articles 3 and 9, were emerged into a single article (Article 18). The enactment of Law 22(1999 was
in response to the need for decentralization in Indonesia, which Alm and Bahl (1999) have detailed.Large populations and huge coastal and marine areas in Indonesia require decentralization because
it is too difficult and too costly to govern effectively from the center. Indeed, each region requires a
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280 H. Y. Siry
tailored management strategy because no two coastal areas are alike. Large variation among regions
in climate, geography, and economic base make centrally mandated uniformity in the provision of
government service inefficient. Moreover, centralization results in high bureaucratic costs in time
required to approve local decisions and problems of communication.
8. Traditional fishermen are defined as traditional people who use the traditional fishing gears,
and operate without a business license and are not taxable. In regard to their activity for subsistenceand daily consumption, they are entitled to fish in all fishing zones.
9. Sixteen mandatory tasks are (i) development planning and control, (ii) planning, utilization,
and supervision of zoning and spatial planning, (iii) providing public security, (iv) providing
public infrastructure and facilities, (v) providing health services, (vi) providing education and
resources allocation of potential human resource, (vii) handling of social issues, (viii) administering
manpower sector, (ix) facilitating the development of cooperatives, small and medium businesses,
(x) environmental management, (xi) agrarian services, (xii) citizenship and civil registration, (xiii)
administrative affairs, (xiv) administering capital investment, (xv) providing other basic services, and
(xvi) other mandatory affairs as instructed by the laws and regulations.
10. Government Regulation No. 25/2000, as Patlis et al. (2001, p. 3) point out, states the
role of the central government is primarily one of indirect action rather than direct regulation andcontrol, with specific action to follow at the regional level. It means the central government will take
administrative action against a local government that fails to implement existing laws or regulations.
11. The draft of this law is still undergoing discussion. This law is now a part of the 100-days
program of President Bambang Yudoyono.
12. Such an acknowledgment comes from Berkes (1989, 1994, 2003), Borrini-Feyerabend
et al. (2000), Butarbutar et al. (1997), Crean (1999), Crawford et al. (2004), Elliot et al. (2001), Israel
(2001), Kuperan et al. (1998), Nielsen et al. (2004), Pomeroy (1994, 1995), and Thorburn (2002).
13. The community-based approach in coastal zone management is meant to pursue a
management of development activities led by a people-oriented concept and holistic approach. Israel
(2001, p. 3) mentions that from a political point of view, a community-based approach is a negotiated
process of making decisions on the ownership, control and overall policy directions of coastal natural
resources.
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