Bernadinus Steni
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Global Standards in the Kampung: Sustainability Standards and their Implications on Indonesian Legal Practice (Standar Global di Kampung: Sustainability Standards dan Implikasinya Terhadap Penerapan Hukum di Indonesia) Steni, Bernadinus
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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Abstract

Global market standards have become one of the main instruments to bring all parties towards sustainable resource management. In various sectors, standards for production, including agricultural products, appear in the form of certification labels. One of the most discussed standards today is the sustainability standard. Different from other existing standards, the sustainability standard includes items such as human rights, land rights, and deforestation, which conventionally are the domain of public institutions, especially the government. The global market standards are no longer considered as the work of private sectors, instead it is now the result of traditional institution’s roles transformation and legal implementation processes in various arenas. Therefore, these standards will affect the law-making process and law enforcement. However, the idea of global market standard is repudiated by many people as it is considered a way to eliminate state-sovereignty. To elaborate the extent of the standards’ effect, how they are implemented and interplay with the legal systems, this article studies the implementation of the Roundtable on Sustainable Palm Oil (RSPO) standard in the Palm Oil Plantation in two villages in Central Kalimantan. The situation in the villages portrays the extent of the global market standard implementation. The author hopes this article provides new insight on the relation between global market standards, state law and other norms living, especially, among parties involved in the palm oil industry and farmers’ empowerment. Furthermore, this article is hoped to serve as constructive lesson of a law-making process built on cross-border cooperation.
Rule-in-Use for Community-Based Springs Management Faces Land Use Pressures: Lesson Learned from Manggarai District Steni, Bernadinus; Kartodihardjo, Hariadi; Adiwibowo, Soeryo; Djakapermana, Ruchyat Deni
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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Abstract

The struggle for water is one of the greatest immediate risks of the climate crisis. Therefore, the institutional challenge of water management is increasingly urgent and requires a number of consensuses to succeed, including community-based natural resource management (CBNRM). A key challenge to the traditional consensus for water conservation is the increasing need for land conversion due to population growth, which in turn deflects decision-making power away from traditional institutions towards external decision-makers such as regional governments. Using Ostrom's conceptual framework of rules of use, this research examines shifting spring water management in the context of Kabupaten Manggarai. The paper explores traditional rules of water management in the community and compares it to the institutional development of springs in four villages. Ultimately, it analyses the gap between the traditional rules of water management and the reality on the ground. The study finds that traditional community management of springs is subject to power contestation due to unclear institutional direction, which in turn emerges from opaque land and spatial planning policies and political decisions. These policies are overly economic and do not take into account traditional conservation and resources characteristics.