LOCAL LAW INITIATIVE FOR PROTECTION ON MANGROVES IN DELTA MAHAKAM, EAST KALIMANTAN AS CLIMATE CHANGE MITIGATION EFFORT

Abstract

Indonesia is a country with the largest and the highest mangrove ecosystem diversity in the world, this should make a significant contribution to climate change mitigation efforts. However, mangroves are not protected because of the land use function conversion. There are 1.82 million hectares of mangroves in critical condition, including 27.243 hectares in East Kalimantan, which includes the Delta Mahakam area that only leaves 22.75% mangroves coverage. The mangrove’s critical condition shows that the law has not been able to work properly in regulating human behavior. This research answers three problems; first, what is the legal situation of mangroves protection as an effort to mitigate climate change internationally, nationally, and locally; second, how to establish ideal mangroves protection regulation at the local level; and third, how is the response of the community in Delta Mahakam to the local-level regulation establishment. The research aims to find out the legal situation and the ideal form of local legal initiatives as an effort to mitigate climate change. The methodology uses socio-legal research through action research in five villages in the Delta Mahakam, East Kalimantan. The results showed that the regulation of mangroves at the international, national and local levels only regulates in general and there is no specific regulation regarding mangroves. Therefore, it is necessary to establish participatory regulations at the local level to ensure the protection of the mangroves. Five villages agreed to develop participative local legal products to protect mangroves as an effort to mitigate climate change. Thus, it can be concluded that local initiatives for the formation of legal products to protect mangroves are important in efforts to ensure climate change mitigation.