Progress and Legal Framework Issues in the Establishment and Control of Indonesian Marine Protected Areas

2020 ◽  
pp. 1-8
Author(s):  
Adrian Nugraha ◽  
Febrian ◽  
Robert Lihtorng Chen
Keyword(s):  
Local Government ◽  
Marine Protected Areas ◽  
Central Government ◽  
Marine Protected Area ◽  
Legal Framework ◽  
Foreign Affairs ◽  
Marine Resources ◽  
Local Stakeholders ◽  
And Control ◽  
Alternative Solutions

This study aims to analyze the progress and issues of Indonesia’s marine protected area establishment and control. It addresses the legal framework and issues, such as unclear mandates, lack of coordination, and local stakeholders’ involvement in their establishment and control. The legal framework discussion aims to explain the complicated issues of the new Local Government Act promulgation. Furthermore, it provides alternative solutions through amending several provisions of the new Local Government Act associated with marine and coastal control. Firstly, inserting provisions regarding the Archipelagic County. Secondly, altering several articles related to the authority to manage marine resources. Thirdly, inserting provisions related to the jurisdiction of the Central Government in determining the classification and categorization of marine resource management. Fourthly, amending the articles in the new Local Government Act related to foreign affairs arrangement in the border area. In addition, this article concluded that a proper legal framework encourages sustainable marine and coastal management.

scholarly journals Guidelines for Marine Protected Areas

2000 ◽  
Vol 6 (4) ◽  
pp. 352
Author(s):  
Mark Westera
Keyword(s):  
Protected Areas ◽  
Marine Protected Areas ◽  
Site Selection ◽  
Protected Area ◽  
Marine Protected Area ◽  
Legal Framework ◽  
Economic Aspect ◽  
Financial Sustainability ◽  
Broad Application

Guidelines to marine protected areas is a collation of efforts from the IUCN, NOAA and Cardiff University, among others. It is aimed at managers and would be managers of marine parks, but will also be of use to anyone involved in the Marine Protected Area (MPA) process from conceptual planning to establishment, monitoring and management. Its broad application takes into account the hurdles that a manager is likely to encounter. There are nine sections, an introduction, an evaluation of the legal framework required to successfully establish MPAs, a discussion on dealing with all the relevant parties, involving communities and other stakeholders, site selection, planning and managing MPAs, zoning, evaluating economic aspect and financial sustainability, and finally a section on research, monitoring and review. Boxes are used throughout the text within each chapter to summarize important points and make for quick reference to the topic of that chapter.

scholarly journals World local government control and reference value for Vietnam

2021 ◽  
Vol 63 (4) ◽  
pp. 29-33
Author(s):  
Dang Phuc Vu ◽  
◽  
Thi Thanh Nga Nguyen ◽  
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Central Government ◽  
Reference Value ◽  
Social Institutions ◽  
Local Power ◽  
Government Control ◽  
The People ◽  
The Media ◽  
And Control

Control of local governments in countries around the world is very diverse,but mainly divided into two categories: 1) control of state agencies (central government control, court control, control of local power representations); 2) control of social institutions including political party control over local government, control of organizations and public associations, control of the media, and control of the people. The paper focuses on analysing the controlling local governments in some countries, thereby giving reference values for Vietnam.

scholarly journals DUALISME PEMBATALAN PERATURAN DAERAH PROVINSI DENGAN PERATURAN PRESIDEN DAN PERATURAN MENTERI DALAM NEGERI

2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Gde Edi Budiartha
Keyword(s):  
Local Government ◽  
Government Regulation ◽  
Central Government ◽  
Regional Government ◽  
Regulatory Oversight ◽  
Legal Concept ◽  
State Supervision ◽  
Presidential Decree ◽  
The Republic ◽  
And Control

Local regulations are local regulations that are established by local specificities recognized by the Constitution of the Republic of Indonesia-1945 as part of their decentralization. Local regulations can not contradict the legislation of higher order not to cause a result of the cancellation. This cancellation is the authority of the central government in relation to the unitary state. Supervision by the central government there are two models of preventive supervision and oversight repesif. Cancellation regulatory oversight repesif area is conducted on local government. Cancellation Provincial Regulation made by the President and the Minister of the Interior gave rise to a dualism. For it will be discussed on How cancellation arrangements are made with the Provincial Regulations and Regulations Presidential Decree of the Minister of the Interior? 2. What is the legal effect of the cancellation of Provincial Regulation by Presidential Decree and the Regulation of the Minister of the Interior? The issues discussed using normative research by using the approach of legislation, the legal concept analysis approach, in order to obtain answers that dualism cancellation provincial regulations stipulated in several laws including Law No. 32 Year 2004 on Regional Government, Law No. 28 year 2009 on Local Taxes and levies, Government Regulation No. 79 Year 2005 on Guidelines Direction and Control of Local Government, Minister of the Interior No. 1 Year 2014 on the Establishment of the Regional law Products stating that the authority of the cancellation of regulations made by the President of the instrument while the Presidential Decree cancellation made by the Minister of the Interior was limited to cancellation Draft Regional Regulation on stage during the evaluation of preventive supervision and legal consequences caused by the dualism cancellation of local regulations are different between cancellation made by the President and minister of Interior. Cancellation is cancellation of its President in the field of executive interim final cancellation made by the Minister of the Interior if the local government to enforce the local regulations canceled Interior Minister will ask the cancellation to the President.

4. How the UK is organised

2021 ◽  
pp. 71-99
Author(s):  
Anne Dennett
Keyword(s):  
Local Government ◽  
Northern Ireland ◽  
National Security ◽  
Central Government ◽  
State Legislature ◽  
Foreign Affairs ◽  
Government Agencies ◽  
Government Power ◽  
The Government ◽  
The Uk

This chapter details how power is allocated in the UK, and its organisation in terms of devolution and regional and local government. Power in the UK is divided into three branches or arms of state: legislature (law-makers), executive (government and administration), and judiciary (courts and judges). Before devolution, the government’s (executive’s) administrative power was centralised and it extended to the whole of the UK, but devolution has made significant changes to the constitution and has brought a substantial rebalancing of power in the government of the UK. Since devolution’s introduction, the power of central government no longer extends to the growing areas of domestic policy that have been devolved to Scotland, Wales, and Northern Ireland. The UK government’s remit therefore now covers England and the whole of the UK on non-devolved matters including the conduct of foreign affairs, defence, national security, and oversight of the Civil Service and government agencies.

scholarly journals The Implications of Centre-local Relations on Service Delivery in Local Authorities in Zimbabwe: The Case of Chitungwiza

2015 ◽  
Vol 5 (2) ◽  
pp. 149
Author(s):  
Tawanda Nyikadzino ◽  
Alfred Gwarega Nhema
Keyword(s):  
Local Government ◽  
Service Delivery ◽  
Central Government ◽  
Policy Formulation ◽  
Sewer Pipes ◽  
Key Informant ◽  
Strategic Role ◽  
And Control ◽  
Depth Interviews ◽  
Effective Service

The area of centre-local relations in local government is a contemporary and topical debate in Zimbabwe. It was on this background that the research on centre-local relations was undertaken with a view to assessing the implications of service delivery in Chitungwiza Municipality (CM). The views of different authorities on centre-local relations were reviewed to further analyse the implications of centre-local relations on service delivery in municipalities. The study triangulated different data collection methods such as key informant interviews, documentary search, in-depth interviews, observation and survey to obtain detailed data on the state of centre-local relations and its implications on service delivery in CM. The findings of the study revealed that centre-local relations between the Ministry of Local Government and the CM are highly centralised. The parent ministry retains overall powers and control over the municipality. The Minister who is supposed to play a strategic role in policy formulation and implementation is involved in the day to day running of the municipality leaving little room for elected councillors and residents in general to determine their own destiny. It has been established that centre-local relations that are supposed to foster independence and autonomy of the municipality has turned into a master-subordinate relationship that has negatively affected service delivery. The study concluded that hyper-centralised governance relations are hindering effective service delivery in the municipality. This has been evidenced by erratic water supply, potholed roads, poor refuse collection and bursting of sewer pipes. The study recommends that the central government through the Ministry of Local Government must grant the municipality more autonomy as a measure of improving service delivery.    

Laws as an Instrument of Policy: A Study in Central-Local Government Relations

1985 ◽  
Vol 5 (2) ◽  
pp. 241-265 ◽  
Author(s):  
Edward Page
Keyword(s):  
Local Government ◽  
Local Authority ◽  
Central Government ◽  
Public Policies ◽  
Legal Framework ◽  
Direct Reference ◽  
Local Authorities ◽  
Government Relations ◽  
Local Services

ABSTRACTLaw is an instrument which can be used by central government to influence its environment, including other levels of government. This paper examines a number of fundamental questions about the nature of legal influence upon local authorities in Britain. Legislation affects local authorities in a variety of ways: through making direct reference to local authority organisations and the services they provide; through affecting all large organisations, public or private; and through affecting the organisations and individuals with which local authorities interact. In the 1970s a large proportion of legislation was concerned with the financial aspects of local services. Relatively few laws make substantive changes in the legal framework within which local authorities operate and much legislation can be categorised as ‘anodyne’. However, particular items of legislation can produce such substantive changes in public policies and in the powers of different organisations within government.

scholarly journals The Legal Framework Limitations for the Effective Intergovernmental Relations in Tanzania

2018 ◽  
Vol 8 (2) ◽  
pp. 246
Author(s):  
Rukia Mohamed Pazi
Keyword(s):  
Local Government ◽  
Central Government ◽  
Intergovernmental Relations ◽  
Legal Framework ◽  
Policy Makers ◽  
Favorable Environment ◽  
The Government

Legal framework is very critical for the effective intergovernmental relations in Tanzania. It is through the legal framework where the spheres of the government derive their legitimacy and the manner of interaction. The study finds essential to have a glimpse on legal framework that provides for the existence of Intergovernmental relations in Tanzania. The intention is to have an assessment to see whether the legal framework in place provide a favorable environment for the central government and the local government authorities to work effectively. The study found out that the legal frame is ineffective to enhance central and local relations as it impinges the functionality of local government authorities. The study recommends that policy makers should consider enacting legal framework that clearly spell out the duties and demarcates the rights and responsibility of each party.

scholarly journals Supervision and Control of Local Governance in the Republic of Kosovo

2016 ◽  
Vol 4 (1) ◽  
pp. 74
Author(s):  
Mervete Shala ◽  
Skender Shala
Keyword(s):  
Local Government ◽  
Local Authority ◽  
Central Government ◽  
Local Governance ◽  
Administrative Supervision ◽  
Government Supervision ◽  
Administrative Review ◽  
The Republic ◽  
European Standards ◽  
And Control

In this paper we have treated supervision and control of local governance in context of fair governance in Republic of Kosovo. Analyse of law framework and European standards of governance autonomy of local self-governance and administrative supervision of local governance. Treating of supervision of local authority governance and the main mechanism of government for legal administrative review of local authority governance and legality as well as the rights of the supervising authority for administrative review of legality of general acts of municipalities. The purpose of this paper is to analyse and tackle the challenges of supervision and control of local government institutions in Kosovo.The mandate and powers of the central government to review the legality of local authorities in the field of enhanced competencies and the legality and appropriateness of their scope of activities of in the field of delegated powers. The challenges of preserving the autonomy of local self-government and local government supervision by the central authorities. One of the challenges of the supervisor in the future will be to supervise and control of municipalities with extended competences (municipalities with Serb majority), shall these municipalities consider requirements to be review the unlawful acts and harmonize them with the applicable legislation in Kosovo. The methodology of the paper will be mixed, such as: as comparative methods, descriptive, requesting explanatory, predictive.

scholarly journals The Role of Stakeholders and Mechanism of Forest Area Gazettement of Gunung Birah Protected Area in KPHP Model Tanah Laut

2018 ◽  
Vol 4 (2) ◽  
pp. 44-49
Author(s):  
Ady Prasetya Nugraha
Keyword(s):  
Local Government ◽  
Local Community ◽  
Central Government ◽  
Legal Framework ◽  
Forest Area ◽  
Private Land ◽  
Regional Office ◽  
Human Errors ◽  
The Status ◽  
Forest Boundary

The gazettement of forest area is one of the significant aspects in forest designation that should be carried out to determine the legal framework regarding with the administrative and the physical status as well as forest boundaries. It is expected that the legal framework and precise forest area will support the powerful and purposeful forest management. The study aimed to find out the roles and the standpoints of stakeholders, to explore the mechanism, to identify and analyze the obstacles in the process, to formulate alternative effort in the process of forest area gazettement of Gunung Birah Protected Forest. It is expected that this study will enrich the concern on forestry policy especially regarding with the gazettement of the forest area, as well as provide the input to the ministry of forestry and local government in formulating strategies and policies in the implementation of forest area gazettement. The result indicated the stakeholders involved in the gazettement of Gunung Birah protected forest in KPHP Model Tanah Laut as well as their roles are the functionaries of KPHP Model Tanah Laut, local community adjacent to the forest area, regional office of forestry Planning (Balai Pemantapan Kawasan Hutan/BPKH), Local Government (The administration committee of forest boundary), and Central Government(the ministry of Environment and forestry). Constraints in the affirmation process of Gunung Birah protected forest areas in KPHP Tanah Laut can be divided into internal and external factors. Internal constraints include human errors in the compilation of Minute of Forest Boundary, incomplete implementation document thus the gazettement could not be processed, and the lack of socialization dealing with forest boundary to the local community adjacent to forest area. Meanwhile, the external constraints were the determination of forest boundaries stretch frequently intersects with settlement or other rights, the overlapping use of an area, the lack of public recognition on forest area boundary, the issuance of private land rights certificate in forest areas, and diverse interpretations on the status of forest area.

scholarly journals SYSTEM OF CONTROL OVER THE ENTITIES PROVIDING EDUCATIONAL SERVICES IN FOREIGN COUNTRIES

2020 ◽  
pp. 203-210
Author(s):  
І. І. Литвин
Keyword(s):  
Higher Education ◽  
Secondary Education ◽  
Education System ◽  
Local Governments ◽  
Central Government ◽  
Legal Framework ◽  
The European Union ◽  
Foreign Countries ◽  
The Law ◽  
And Control

The study discusses the general principles of building the education system in some foreign countries that are part of the European Union and are allied to Ukraine, were from the Soviet camp and faced similar problems for Ukraine to reform their own state institutions and national legislation (Poland and Estonia), as well as the relevant legal framework. It is noted that Poland began to reform the education system in the 1990s, where the general trend in the management and control of educational institutions is decentralization and increasing the autonomy of the latter. It is emphasized that during 1990-1999, not only at the level of legislation, but de facto local governments began to play a major role in the change and control of secondary education. It is indicated that the main laws regulating the functioning of secondary education are the Laws "On the Education System" of 1991 and the Law "On Education" of 2016. The provisions of the Law "On Education" of 2016 are highlighted, the main links of the Polish secondary education system are revealed. In accordance with the provisions of this Law, the powers of the Minister in the implementation of state policy in the field of secondary education, coordination and control in which aspects are indicated. The role and powers of the curator of education as a special official in exercising control over institutions providing secondary education services in the voivodship are disclosed on the basis of the said Law, it is noted that control over the activities of such institutions. The content of the concept of pedagogical supervision and the role and place in it of the Minister of Education and Science as a representative of the central government, curators of education and school management are revealed. The norms of the Law "On Higher Education and Science" of 2018, which contains norms on the control of higher education institutions in Poland, are covered. The basic administrative and legal bases for the control of education in Estonia in accordance with Estonian national law are also defined.

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