COMPLETION REPORTMarine Biodiversity Laws in Indonesia and Japan: A comparative Study
Dr. Laely Nurhidayah (+1)
Researcher
Research Center for Society and Culture
Indonesia Institute of Sciences (LIPI)Marine Biodiversity Laws in Indonesia and Japan: A Comparative Study
This study examines the implementation of the Convention on Biological Diversity (CBD) on the conservationand sustainable use of marine biodiversity in Japan and Indonesia. Understanding legal framework in responding
to deteriorating and the loss of marine biodiversity is essential in both countries to achieve goal 14 Sustainable
Development Goals (SDGs) life below water. The study employs qualitative research method and data is gathered
through interview and field observation. Fieldworks were conducted both in Indonesia (Padang and Padang
Pariaman Districts) in June 2016 and Japan (Kyoto and Tokyo Prefectures) in November 2016.
The study founds the following comparative situations. Firstly, there are differences on the problems threatening
marine biodiversity in Indonesia and in Japan. The problems in Indonesia include: overfishing, IUU (Illegal,Unreported, Unregulated) Fishing and marine pollution. However, the most prominent challenge based on casestudy in Padang West Sumatra is integrating marine conservation and food security. On the other hand, theproblems in Japan include overfishing, pollution, climate change, settlement in inland sea area such as in Honshu
and Shikoku, sewage pollution, and eutrophication. Rapid development is a major challenge to marine
biodiversity in Japan, for example, road construction along the coastline that negatively affect sea turtle habitat.
Local environmental NGO has limited role in fighting the rights of biodiversity
Secondly, both the legal frameworks on conservation and sustainable use of marine resources in Indonesia andJapan are in place but fragmented. They are regulated under several legislations and sub-legislations. Indonesia
marine biodiversity regulated under several legislations namely: Law No 5/1990 on Conservation of Living
Resources and their Ecosystems; Law No 45/2009 amendment to Law No 31/2004 on Fishery; Law No 1/2014
amending Law No 27/2007 on Management of Coastal Areas and Small Islands; Law No 32/2014 on Sea/MarineAffairs; and Law No 32/2009 on Environment Protection and Management. Japan legal frameworks in protecting
marine biodiversity are regulated under several legislations including: Basic Act on Ocean Policy (April 2007);
Basic Act on Biodiversity (May 2008). In addition, Marine Protected Areas (MPAs) are regulated under several
laws and regulations such as Natural Parks law, Nature Conservation law, Wildlife Protection and Appropriate
Hunting law, Act on the Protection of Fisheries Resources, Prefectural Fishery Coordinating regulations, andformal (published) or informal (unpublished) agreements of Fishing Cooperative Association (FCAs) members.
While the target is 10%, the Ministry of Fishery only manages 8.7% MPA. Clarity in defining management area isrequired, as there is unresolved issue whether voluntary MPAs manage by FCA are also included.

Thirdly, in terms of institutional framework there are overlapping authorities and governance bodies managing
marine conservation areas at national level both in Indonesia and Japan. The Ministry of Environment and Forestry(MoEF) oversees seven marine national parks while the Ministry of Marine Affairs and Fisheries (MMAF)
initiated most of local marine conservations areas. In Japan, Ministry of the Environment; Ministry ofAgriculture, Forestry, and Fisheries and Prefectural governments manage MPAs and protect its biodiversity.
Fourthly, in terms of community participation, the research found involvement of Indigenous communities inmanaging marine resources in Indonesia. On the other hand, while the term indigenous is not used in Japan, aFishing law in Japan established by the Japan Meiji incorporated local practices in the management of community
based fishing area.

Publication of the Results of Research Project:
Verbal Presentation (Date, Venue, Name of Conference, Title of Presentation, Presenter, etc.)
23 November 2016, Yaesu Hall Tokyo Japan, Marine Biodiversity in Indonesia and Japan: A Comparative
Study, Laely Nurhidayah.
Thesis (Name of Journal and its Date, Title and Author of Thesis, etc.)
We plan to write 7000-8000 words article as a result of this project and submit to international journal for
considered in publication this year.
Book (Publisher and Date of the Book, Title and Author of the Book, etc.)