PRINCIPLES OF GOOD GOVERNANCE IN INTERNATIONAL ENVIRONMENTAL LAW
By:
Group 2 International Environmental Law 4.1
Rahma Oktrina 2110112066
Shangrilla Princess Aisyah 2110112094 Muhammad Adib Dzachwan 2110112129
A. Introduction
The principles of good state governance in managing the environment with the principle of resource sustainability are called the principles of Good Environmental Governance (GEG).1Environmental governance provides a conceptual framework in which public and private behavior is regulated in support of a more ecologically oriented arrangement. The framework establishes a reciprocal relationship between communities (global, regional, national and local) in relation to access and use of environmental goods and services and binds them (at any level) to specific environmental ethics. Then as a system, Environmental Governance consists of socio-cultural aspects, political and economic interactions between many actors in civil society. In managing and protecting the surrounding environment, cooperation between humans is needed, humans play a very important role in managing and protecting the environment where they live. Starting from the government and up to the community, they have the same rights and obligations in managing and protecting the environment without exception. Not limited to where they live. Both rural, remote and urban communities are an important part of realizing a good and healthy environment. The existence of society will be very effective if its role is in controlling the management of the existing environment.2Some applications of community 1NHT Siahaan, 2004, Environmental Law and Development Ecology, Jakarta: Erlangga, p. 32
2Wahidin Samsul, 2014, Legal Dimensions of Environmental Protection and Management, Yogyakarta:
Pustaka Belajar, p. 174
participation in environmental management are reflected in government policies. The policies are applied in concrete forms that are directly aimed at the community to apply them in concrete actions in the form of activities. This is a dimension of community participation that is a reflection of government policies to create a good and healthy environment.3
B. Good Environmental Governance Concept
According to the World Bank, Good Environmental Governance is an important activity to achieve sustainable use of natural resources and protect environmental quality.
This activity requires transparency of the system in environmental institutions, policies and programs that involve the community in formulating and implementing policies.4Environmental Governance exists as a framework for state management through its interaction with the people in the context of environmental management.5
The principles of Good Environmental Governance are:6: 1. The rule of law;
2. Participation and Representation;
3. Access to information;
4. Transparency and accountability;
5. Decentralization;
6. Institutions and agencies;
7. Access to justice
Environmental governance, sees the state and society as both objects and subjects in environmental conservation efforts. The state as an organization that has control over resources and power, has the ability to change natural conditions on a massive scale.
Therefore, the fate of the environment is largely determined by the ability to regulate state behavior to be consistent with ecological principles. Through this concept of governance, environmental governance is understood as a framework for state management in the context of environmental management through its interactions with its people. The role of
3Ibid.
4Narayan Bellbase, 2010, Good Environmental Governance In The Future Constitution, Nepal: IUCN, p 4 5Lilin Budiati, 2012, Good Governance in Environmental Management, Bogor: Ghalia Indonesia, p. 65 6Narayan Bellbase, 2010, Op. cit., p. 8
the state in this case is to ensure the direction and degree of change in accordance with what can be tolerated by the ecosystem, not the state's ability to change biophysical conditions.
The concept of environmental governance needs to be built on a central premise that social systems and ecosystems from time to time are involved in endless interactions (actions and reactions). Interactions between groups that develop in the concept of governance have made the relationship between the state, society, and the private sector stand on equal footing. Governance in the concept of environmental governance is used in the need to understand and manage the reciprocal relationship between the social system and the ecosystem.
Good environmental governance is defined as good governance that cares about the sustainability and preservation of the environment. The importance of good governance, because good governance will determine the extent to which the objectives of governance can be achieved.
A government that has been able to realize Good Governance does not necessarily have concern for the sustainability aspect of the ecosystem. Therefore, a government that has attempted to actualize the principles of Good Governance still requires additional requirements, namely linking all development policies to the principles of ecological sustainability in order to be considered good environmental governance.7
Sonny Kerap emphasized that there is a close relationship between good governance and good environmental management. Good governance will influence and determine good environmental management, and good environmental management reflects the level of good governance. He emphasized that without good governance, it is difficult to expect good environmental management. Hyronimus Rhiti argued that good governance related to the environmental management aspect is also related to the implementation of general principles of good governance. Of the thirteen general principles of good governance, those related to environmental affairs include the principles of legal certainty, balance, not mixing authority, justice and fairness, responding to expectations that arise, and the principle of organizing public interests.8
7Pandji Santosa, 2008, Public Administration: Theory and Application of Good Governance, Bandung: Refrika Adifama, p. 131
8Hyronimus Rhiti, 2005, Complexity of Environmental Problems, Yogyakarta: University of Atma Jaya, p. 48
Good governance requires several things. First, good governance requires that the government itself is truly effective in governing, because as long as the government is weak and ineffective, the government's power can be a punching bag and become a tool for the interests of certain groups at the expense of the interests of the people. Second, to ensure good governance, the government must comply with applicable legal regulations. This means that every government administrator must be a good example in complying with the law. Without compliance with the law, there will be no legal certainty, and as long as there is no legal certainty, it is impossible to guarantee good governance. Third, the Principle of Transparency. Transparency is built on the basis of a free flow of information. All government processes, institutions and information need to be accessible to interested parties, and the information available must be sufficient to be understood and monitored.
The application of the principle of openness (transparency) is a must as a form of open governance that makes it easier for the private sector and the public to access various information regarding development planning and implementation. Ease of accessing information allows the private sector and the public to be more optimal in using their rights to participate in development planning and implementation. Fourth, the Principle of Concern for Stakeholders. According to this principle, institutions and all government processes must strive to serve all stakeholders. Fifth: The Principle of Consensus Orientation. That good governance bridges different interests in order to build a comprehensive consensus on what is best for community groups, and where possible, consensus on policies and procedures. Sixth: The principle of equality: all citizens have the opportunity to improve or maintain their well-being; Seventh: The Principle of Effectiveness and Efficiency. Government processes and institutions produce results according to the needs of the community and by using existing resources optimally. Eighth:
The Principle of Accountability. Decision makers in government, the private sector and community organizations are accountable to both the community and to the institutions concerned. The form of accountability varies from one to another depending on the type of organization concerned. Ninth: The principle of strategic vision, where leaders and communities have a broad and far-sighted perspective on good governance and human development, and a sense of what is needed to realize such development. In addition, they
must also have an understanding of the complexity of history,culture and society that form the basis for this perspective.
C. Closing
Good governance and upholding the principles of good governance will have implications for good management of natural resources and the environment. Conversely, bad governance will ultimately have an impact on poor environmental management. In other words, good environmental management is highly determined and influenced by good environmental governance.
BIBLIOGRAPHY
Bellbase, Narayan. 2010. Good Environmental Governance in the Future Constitution.
Nepal: IUCN.
Budiati, Lilin. 2012. Good Governance in Environmental Management. Bogor: Ghalia Indonesia.
Rhiti, Hyronimus. 2005. The Complexity of Environmental Problems. Yogyakarta: Atma Jaya University.
Samsul, Wahidin. 2014. Legal Dimensions of Environmental Protection and Management.
Yogyakarta: Pustaka Belajar.
Santosa, Pandji. 2008. Public Administration: Theory and Application of Good Governance. Bandung: Refrika Adifama.
Siahaan, NHT 2004. Environmental Law and Development Ecology. Jakarta: Erlangga.
