Towards Climate Change Resilience: Curtailing the Offense Against Seagrass Meadows

DOI

10.2991/978-2-38476-164-7_19How to use a DOI?

Keywords

Climate Change Resilience; Offences against Seagrass Meadows; Regulatory Frameworks; Sustainable Development Goals

Abstract

Having the ability to sink carbon, seagrass meadows have a prominent role in the pathways of climate change resilience. However, the status of seagrass meadows in Indonesian waters is currently in a less healthy state since the percentage of meadows is 42.23%. Hence, this research aims to analyze the regulatory frameworks for curtailing the offences against seagrasses to enhance their sustainability thus achieving Sustainable Development Goal 14 (life below water). This doctrinal research uses both a conceptual and a statutory approach to comprehensively analyze the issued legal problems. The results show that the prominent act that threatens seagrass meadows’ sustainability in Indonesia is the detriment of seagrass due to the management of the coastal area and isles, particularly the practices of destructive means and methods resulting in damaging the seagrasses and their ecosystem. To curtail it, the mentioned practices are deemed as offences against seagrasses as stipulated in Article 73 Paragraph (1) point c of Law No. 1 of 2014 amending Law No. 27 of 2007 concerning the Management of Coastal Areas and Isles. Yet, to strengthen its enforcement, this research encourages revising the Act by regulating corporate criminal liability and reforming its sentencing system, which is not only by recognizing both offence-related corrective action and payment of compensation as penal measures but also by updating the existing fines based on the fines’ classification as stipulated in the new Penal Code, in consideration of the high cost of seagrass meadows restoration.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Ayu Izza Elvany
PY  - 2023
DA  - 2023/12/21
TI  - Towards Climate Change Resilience: Curtailing the Offense Against Seagrass Meadows
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 195
EP  - 204
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_19
DO  - 10.2991/978-2-38476-164-7_19
ID  - Elvany2023
ER  -