View of Community Participation in the Prevention of Environmental Damage: Forms and Challenges

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Administrative and Environmental Law Review is a journal published by Faculty of Law,

Faculty of Law, Universitas Lampung, Bandar Lampung, Indonesia.

http://jurnal.fh.unila.ac.id/index.php/aelr P-ISSN: 2723-2484

E-ISSN: 2745-9330

Community Participation in the Prevention of Environmental Damage:

Forms and Challenges

Siti Mariyam¹Adhi Putra Satria²M. Samsudin³

1Universitas 17 Agustus 1945 (UNTAG), Indonesia E-mail: [email protected]

Article’s Information Abstract

keywords:

Environment; Community Participation;

Prevention.

DOI :

https://doi.org/10.25041/aelr.v4i2.2992

This research examined the national and international legal frameworks governing community involvement in environmental damage prevention and the challenges. This qualitative research was performed in the form of normative legal research and regarded thorough review of various international legal instruments and field cases related to community participation in the prevention of environmental damage.

Using Seherly Arnenstein's theory of community participation, community participation in environmental conservation was explored. The results show that community participation in preventing environmental damage is legally acknowledged by the national and international laws. At the international level, several agreements, such as the United Nations Framework Convention on Climate Change (UNFCCC), the Convention on Biological Diversity (CBD), and the Basel Convention, have established a legal framework for preventing environmental

Submitted: Apr 12, 2023; Reviewed: Jul 11, 2023; Accepted: Jul 27, 2023

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damage, including community participation.

Meanwhile, at the national level, Law No.

32/2009 on Environmental Protection and Management (UU PPLH) has regulated the rights and obligations of the community in protecting the environment. Furthermore, this research found that community participation in preventing environmental damage can be done through decision- making processes, access to environmental information, and participation in implementing environmental policies.

However, there are still challenges and obstacles in its implementation related to limited access to information, lack of public awareness, and lack of government and private sector support. Therefore, efforts should be made to bolster community engagement in preventing environmental harm by enhancing the access to environmental education and information, as well as creating more dynamic and impactful platforms for community involvement. The active participation of government bodies, civil society organizations, and private sector entities is crucial in facilitating and ensuring effective community engagement in environmental preservation efforts.

A. Introduction

Environmental damage can be defined as changes to the environment that harm or threaten the survival of organisms within it which can be caused by human activities.

Environmental damage can occur in the forms of air, water, and soil pollution, deforestation, forest degradation, global warming, climate change, etc. Environmental damage can have negative impacts on human health, economic sustainability, as well as ecosystem and biodiversity. Therefore, the negative impacts of human activities toward the environment should be decreased by implementing environmentally friendly actions.¹

Environmental degradation is a global issue that needs urgent solution. Unresolved pollution of water, air, and soil, as well as depletion of natural resources can threaten the sustainability of human and other living beings on the earth.² Unfortunately, environmental degradation and pollution are complex problems. The World Health Organization (WHO) reported that 9 out of 10 people worldwide inhale air with high levels of pollutants.

Approximately 7 million people died every year due to air pollution. In the United States, about 133 million people are at risk of health problems due to air pollution.

1 Agus Sugiarto and Diana Ayu Gabriella, “Kesadaran Dan Perilaku Ramah Lingkungan Mahasiswa Di Kampus,” Jurnal Ilmu Sosial Dan Humaniora 9, no. 2 (2020), https://doi.org/10.23887/jish-undiksha.v9i2.21061.

2 M Ridha Saleh et al., “Ecocide: Memutus Impunitas Korporasi,” Wahana Lingkungan Hidup Indonesia (WALHI), 2019.

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In addition, in the context of water pollution, around 80% of all human-produced wastewater is discharged into the environment without prior treatment. According to the United Nations Environment Program (UNEP), about 80% of the world's rivers contain high levels of organic waste, and 25% of the world's population does not have access to clean water.³

Similar to water pollution, soil pollution is also a challenging problem to solve. The United States Environmental Protection Agency (EPA) shows that about 80% of all soil pollution sites in the United States remained undetected. Soil pollution can be caused by the use of hazardous chemicals, industrial waste, and waste processing.⁴ Furthermore, according to the Global Footprint Network report, humans have used more than 70% of the available natural resources in the world. The depletion of natural resources can be caused by excessive exploitation, the use of fossil fuels, and deforestation.⁵

These facts indicate that environmental pollution and depletion of natural resources remain serious global issues that need to be addressed immediately. Preventing environmental damage is a moral and ethical imperative for societies across the globe. This arises from the understanding that the environment is a shared legacy, one that must be safeguarded for the well-being of future generations. Every individual, institution, organization, government, and country worldwide holds a moral and ethical responsibility to prevent environmental damage because the impact will affect all aspects of human life.

Therefore, every person must have awareness to keep the environment sustainable.⁶

In addition, healthy and sustainable environment is also a part of human right that must be protected. Natural disasters, the spread of diseases, droughts, shortages of clean water, etc can affect the quality of human life. Human life and the environment are interrelated and coexist.⁷ In Indonesia, environmental degradation often results from industrial pollution, inadequate management of hazardous waste, and deforestation. Indonesian government need to monitor these factors to promote sustainable environment.

Community participation plays an important role in creating awareness and increasing sustainable actions. Community participation in environmental management does not only strengthens supervision and control of actions that damage the environment but also increases participation in decision-making and better planning in natural resource management,⁸ Providing information about environmental threats and damages, as well as offering special rewards to the community can be alternative approaches to enhance community participation in preventing environmental degradation. Many studies have been conducted to discuss various forms of community participation in preventing environmental damage. One of them was performed by Jianxiang Bi, Li Li, Li Liang, and Li, where they discussed the role of community participation in preventing environmental damage in China. Through empirical research, the authors found several forms of community participation that contribute in the

3 World Health Organization (WHO), “Ambient (Outdoor) Air Pollution,” 2018, https://www.who.int/news-room/fact- sheets/detail/ambient-(outdoor)-air-quality-and-health.

4 Gina McCarthy, “Editorial - The Role of Environmental Economics in U.S. Environmental Policy,” Review of Environmental Economics and Policy, 2019, https://doi.org/10.1093/reep/rez001.

6 Anika Ni’matun Nisa and Suharno Suharno, “Penegakan Hukum Terhadap Permasalahan Lingkungan Hidup Untuk Mewujudkan Pembangunan Berkelanjutan,” Jurnal Bina Mulia Hukum 4, no. 2 (2020), https://doi.org/10.23920/jbmh.v4i2.337.

7 Iwan Setiawan, “Pencemaran Dan Kerusakan Lingkungan Hidup,” Jakarta, 2011.

8 Dewi Fatmawaty, Hartuti Purnaweni, and Yanuar Luqman, “Peran Serta Masyarakat Dalam Menanggulangi Kasus Pencemaran Dan_ Atau Kerusakan Lingkungan Hidup Fatmawaty Seminar Nasional Lahan Suboptimal,” Prosiding Seminar Nasional Lahan Suboptimal “Komoditas Sumber Pangan Untuk Meningkatkan Kualitas Kesehatan Di Era Pandemi Covid-19, 2020.

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prevention of environmental damage, such as participations in natural resource management, waste management, and environmental campaigns. In addition, the authors also identified factors that influenced community participation in preventing environmental damage that included education, trust, and community institution involvement.⁹

In this present normative juridical research method,¹⁰ a conceptual approach was utilized.¹¹ This research regarded primary data obtained through a literature review.¹² The research differs from previous research as it focuses on different aspects of community participation within a different context.

The novelty of this research will contribute to clearer understanding of the importance of community participation in environmental conservation efforts, as well as to provide a broader understanding of the challenges and efforts involved in increasing community involvement in environmental management. This article explores the forms of community participation that helps prevent environmental damage and the challenges as well as efforts involved in promoting community engagement in environmental conservation.

A. Discussion

1. The Legal Position of Community Participation in Preventing Environmental Damage

Community participation is a crucial aspect in preventing environmental degradation.

This article emphasizes how community participation transformed from a superficial form to citizen power based on Sherly Arnenstein's theory of community participation.¹³Prevention against environmental damage is one of the global issues recognized in national and international laws. There are fundamental differences between the types of environmental damage in developed and developing countries. In developed countries, despite technological advancements and improved quality of life, environmental issues have become increasingly complex, including:¹⁴

a. Air Pollution: Developed countries tend to rely on industries and transportation that use fossil fuels, resulting in high levels of air pollution. This can trigger various diseases such as asthma, allergies, and cancer.

b. Global Warming: Developed countries contribute significantly to greenhouse gas emissions, which is a significant factor in global warming. This can cause rising sea levels and extreme weather conditions such as floods, droughts, and hurricanes.

c. Waste Management: Developed countries generate a large amount of waste, both domestic and industrial. In some cases, this waste can be toxic and have a negative impact on the environment and human health. Poor waste management, such as illegal dumping, can cause extensive environmental damage.

9 Lixia Li, Yu Yang, and Gaoyuan Qin, “Optimization of Integrated Inventory Routing Problem for Cold Chain Logistics Considering Carbon Footprint and Carbon Regulations,” Sustainability (Switzerland) 11, no. 17 (2019), https://doi.org/10.3390/su11174628.

10 Soerjono Soekanto and Sri Mamudji, Penelitian Hukum Normatif, Jakarta PT Raja Grafindo Persada, vol. 1, 2010.

11 Ishaq, Metode Penelitian Hukum Dan Penulisan Skripsi, Tesis, Serta Disertasi, ALFABETA, Cv, 2017.

12 Jonaedi Efendi dan Johnny Ibrahim, Metode Penelitian Hukum: Normatif Dan Empiris / Jonaedi Efendi, Johnny Ibrahim, Kencana, vol. 2, 2018.

13 Mickey Lauria and Carissa Schively Slotterback, Learning from Arnstein’s Ladder: From Citizen Participation to Public Engagement, Learning from Arnstein’s Ladder: From Citizen Participation to Public Engagement, 2020,

https://doi.org/10.4324/9780429290091.

14 Anna Yulia Hartati, “Lingkungan Hidup Dan Liberalisasi Perdagangan : Upaya Mencari Jalan Tengah,” Jurnal Ilmu Sosial Dan Ilmu Politik 11, no. Nomor 2 November (2007).

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On the other hand, developing countries face more fundamental environmental issues, such as:¹⁵

a. Lack of Access to Clean Water: In developing countries, many areas still lack access to clean water. This can trigger conflicts between communities and the government and can have an impact on public health.

b. Deforestation: Developing countries often engage in excessive logging for agriculture, plantations, and housing. Deforestation can cause environmental damage such as floods, landslides, and impact local ecosystems.

c. Use of Pesticides and Chemicals: Developing countries tend to use hazardous pesticides and chemicals that are not tightly regulated. This can lead to health and environmental problems such as a decrease in soil and water quality.

The environmental issues in both developed and developing countries require different approaches. Efforts to prevent environmental damage require active participation from the community to help prevent environmental damage.

Currently, the role of international law in preventing environmental damage is emphasized through several international agreements such as the United Nations Framework Convention on Climate Change (UNFCCC), Convention on Biodiversity (CBD), and Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. These agreements provide a legal framework that regulates the efforts made to prevent environmental damage, including strategies to enhance community participation. In this regard, international law recognizes community participation as one of the important principles in preventing environmental damage.¹⁶

The United Nations Framework Convention on Climate Change (UNFCCC), an international agreement signed by almost all countries in the world in 1992 aims to address global climate change and its impacts. In this convention, the role of the community is recognized as an important part of climate change prevention and mitigations in terms of the following aspects.¹⁷

a. Awareness of climate change: Communities are recognized as important agents in spreading awareness about climate change and its impacts to other communities. This includes efforts to introduce information, technology, and best practices on clean energy, sustainable transportation, and green consumption.

b. Participation in decision-making: Communities have an important role in decision-making related to climate change mitigation and adaptation, through participation in public dialogues and consultations, as well as participation in national and international policy forums.

c. Implementation of mitigation actions: Communities can participate in climate change mitigation actions by introducing and implementing clean energy technologies, conserving energy, promoting sustainable transportation, and reducing waste and greenhouse gas emissions.

d. Promoting climate change adaptation: Communities can also play a role in reducing the impacts of climate change by building climate-resilient infrastructure, enhancing early

15 Anonim, “Tujuan Pembangunan Berkelanjutan,” Kementerian PPN / Bappenas, 2017.

16 United Nations, “World Water Development Report, Wastewater: The Untapped Resource,” Journal of Chemical Information and Modeling 53, no. 9 (2017).

17 Tomaž Gerden, “The Adoption of the Kyoto Protocol of t He United Nations Framework Convention on Climate Change,”

Prispevki Za Novejso Zgodovino 58, no. 2 (2018), https://doi.org/10.51663/pnz.58.2.07.

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warning systems, increasing capacity to manage risks, and building more adaptive communities to climate change.

After understanding the regulations that govern community participation at the international level, it is important to understand the role of community participation in the construction of Indonesian national law. At the national level, community participation in environmental damage prevention is regulated by the Law Number 32 of 2009 concerning Environmental Protection and Management that regulates the rights and obligations of the community in protecting the environment. Article 10 of this law grants the community the right to participate in decision-making related to the environment, as well as the right to file a lawsuit if their environmental rights are violated.¹⁸

Community participation in environmental damage prevention is pivotal because the community can provide useful information and knowledge for decision-making processes related to the environment. The community can also be active agents of change in preventing environmental damage, for example, by reporting actions that harm the environment or by participating in environmental rehabilitation activities.

2. What are the Forms of Community Participation in Preventing Environmental Damage?

The prevention of environmental damage refers to a series of actions taken to prevent or minimize the negative impacts caused by human activities on the environment to protect the environment and prevent permanent damage that could endanger human life and ecosystem sustainability. Prevention of environmental damage involves efforts to promote public awareness and take appropriate actions to sustainably maintain the environment.

Environmental damage is a global issue that requires active participation of all parties, including governments, the private sector, and communities. Governments play an important role in providing regulations and policies that support environmental damage prevention through laws and regulations governing the use of natural resources, waste management, and conservation efforts. On the other hand, the private sector also has a responsibility in preventing environmental damage. Companies can carry out corporate social responsibility programs with major focus on the environment, such as the use of environmentally friendly materials, energy conservation, and proper waste management. The private sector can also develop partnership programs with local communities to develop environmentally friendly sustainable programs.

Communities also play a role in preventing environmental damage. Communities can increase public’s awareness of the importance of preserving the environment through education and outreach programs organized by the government and the private sector.

Communities can also practice environmentally friendly habits in daily life, such as reducing the use of plastic, disposing of waste properly, and planting trees. The prevention of environmental damage requires collaborative roles of governments, the private sector, and communities.

The focus of this article is on the prevention of environmental damage through a joint responsibility between the government and the community. Active participation from the community in preventing environmental damage is crucial in achieving this goal. Community

18 Simona Bustani, “Budaya Hukum Masyarakat Dalam Mengantisipasi Dampak Kerusakan Lingkungan Hidup Akibat Perkembangan Bioteknologi Pertanian,” Hukum Pidana Dan Pembangunan Hukum 2, no. 2 (2021), https://doi.org/10.25105/hpph.v2i2.9022.

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participation in preventing environmental damage is crucial, as the environment is a fundamental human right that must be safeguarded and preserved for the sustainability of life.

In this context, community participation entails active involvement in the decision-making, planning, and implementation of measures aimed at preventing environmental damage. This collaborative approach ensures that environmental protection efforts are inclusive, effective, and reflective of the community's needs and aspirations.

In the context of preventing environmental damage, community participation builds collective awareness of shared responsibility for preserving the environment, thus creating a more environmentally friendly and sustainable way of life.

Based on the review and analysis of secondary data, there are several forms of community participation in preventing environmental damage as follows.

a. Participation in decision-making: Community participation in decision-making related to the environment is a very important form of participation. The community can provide valuable input and perspectives for the decision-making process. Community participation in decision-making related to solid waste management in Nigeria was found successful. ¹⁹

b. Participation in environmental monitoring. Communities can help identify environmental problems and provide valuable information for decision-making processes. Additionally, community participation in environmental monitoring can help identify previously undetected environmental problems.²⁰

c. Participation in environmental rehabilitation activities. Communities can participate in activities such as reforestation, afforestation, and environmental cleaning. Community participation in forest rehabilitation activities in Indonesia can improve the success of the forest rehabilitation program.

d. Participation in environmental complaint and supervision. Communities can report actions that damage the environment and help supervise the implementation of environmental management programs. Community participation in environmental complaint and supervision in China can improve the success of environmental management programs.²¹

3. What are the Challenges and Efforts in Involving Communities in Preventing Environmental Damage?

Community engagement in preventing environmental damage presents significant challenges and is a crucial topic within environmental studies. These challenges range from low public awareness and understanding of environmental issues to scarce resources and limited access to information, compounded by insufficient support from both government and private sectors. Presently, the primary obstacle hindering community involvement in

19 Khadija N Yakubu and Hadiza Mado, “Assessment of Community Participation in Solid Waste Management in Kaduna Metropolis,” Nigerian Environmental Society National Conference: Deployment of Green Initiatives for Economic Diversification in AfricaAt: Nigeria, no. October (2018).

20 Yan Wang and Feng Hao, “Public Perception Matters: Individual Waste Sorting in Chinese Communities,” Resources, Conservation and Recycling 159 (2020), https://doi.org/10.1016/j.resconrec.2020.104860.

21 H.E. Roy et al., “Understanding Citizen Science and Environmental Monitoring.,” NERC Centre for Ecology & Hydrology and Natural History Museum. 1, 2012.

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environmental preservation is the general lack of environmental awareness and knowledge among the public.²²

Based on secondary data of this research, the strategy to increase education and awareness of the community about the environment can be done in several ways described as follows.

a. Improving formal and non-formal education about the environment in schools and other educational institutions. Formal and non-formal education can provide knowledge and awareness to the community about how to preserve and conserve the environment.

b. Conducting campaigns and socialization through mass media. Campaigns and socialization can be carried out through television, radio, internet, or social media. By using mass media, information about the environment can be conveyed to the community more widely.

c. Encouraging active participation of the community in environmental activities.

Community participation in environmental activities can increase community awareness of the environment and strengthen social ties among residents in fighting for the right to a good and healthy environment.

d. Developing award and incentive programs for individuals or groups who are active in preserving the environment. These award and incentive programs can provide motivation and encouragement for the community to participate in environmental conservation activities.

e. Encouraging participation in environmental movements. Environmental movements can be a forum for the community to actively participate in fighting for the right to a good and healthy environment. These movements can be initiated by non-governmental organizations or environmental communities.

Integrated and sustainable implementation of the aforementioned strategies is expected to raise the public awareness and comprehension of the environment. However, limited resources and access to information inhibit the public from making optimal contribution to the prevention of environmental damage. To tackle this challenge, enhancing public access to the necessary information and resources for engaging in environmental management is essential.²³ One effective strategy could be the formation of a community at the village level, comprised of environmentally aware residents. This community would focus on ensuring access to relevant information and promoting environmental education among its members.

Nevertheless, the researchers proposed several strategies that can be implemented to address the limitations of resources and access to information on environmental issues as follows.

a. Increasing collaboration among institutions and stakeholders: In addressing resource limitations, cooperation between government institutions, private sectors, and society is crucial. Collaboration can improve efficiency in the use of existing resources. In terms of information access, collaboration between government and society can improve the distribution of information more evenly.

b. Optimizing information technology: In the digital era, information technology can be utilized to address resource limitations and information access. The use of websites,

22 Ester Sarina Purba and Sri Yunita, “Kesadaran Masyarakat Dalam Melestarikan Fungsi Lingkungan Hidup,” Jupiis: Jurnal Pendidikan Ilmu-Ilmu SosiaL 9, no. 1 (2017), https://doi.org/10.24114/jupiis.v9i1.6461.

23 Jamie Elizabeth Jacobs, “Community Participation, the Environment, and Democracy: Brazil in Comparative Perspective,”

Latin American Politics and Society 44, no. 04 (2002), https://doi.org/10.1111/j.1548-2456.2002.tb00223.x.

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social media, and applications can facilitate access to information about the environment.

c. Building communication networks: It is important for society to build strong and supportive communication networks in terms of information procurement and dissemination about the environment.

d. Optimizing existing resources: Optimizing existing resources can be done by maximizing the use of technology, conserving resources, and expanding access to information.

e. Increasing environmental literacy: Education and training about the environment should be improved to enhance public understanding of the importance of the environment and efforts that can be taken to preserve it. Educated society on the environment tends to be more concerned and actively involved in preserving the environment.

The obstacle to community involvement in averting environmental harm stems from insufficient backing by both governmental and private sectors. Research highlighted in the journal "Community Participation in Environmental Governance: Evidence from China"

reveals that addressing this issue involves two key strategies: enhancing community engagement in the decision-making process and empowering communities to play a stronger role in observing and reporting activities that harm the environment.

Inadequate support from the government and private sector in community involvement in environmental protection can be addressed with several strategies, including:

a. Campaign and advocacy: In addressing the lack of support from the government and private sector, campaigns and advocacy can be an effective strategy to increase awareness and participation of the community in efforts to prevent environmental damage. Through campaigns and advocacy, the community can be provided with better information and understanding of the importance of protecting the environment, examples, Campaign for Plastic Usage Reduction, Tree Planting Campaign and Renewable Energy Utilization Campaign.

b. Partnership with the private sector: Through partnerships with the private sector, the community can be involved in environmental programs initiated by the private sector.

In this case, the private sector can provide support in the form of capital and facilities to accelerate the handling of environmental damage.

c. Community empowerment program: Community empowerment programs can be a strategy in addressing the lack of support from the government and private sector.

Through this program, the community can be provided with the necessary knowledge and skills to participate in efforts to prevent environmental damage.

d. Law enforcement: Law enforcement against perpetrators of environmental damage is also an important strategy in addressing the lack of support from the government and private sector. In this case, the government can provide strict sanctions against perpetrators of environmental damage to prevent similar actions from happening in the future.

With the implementation of these strategies, there is optimism for heightened support from both the government and private sector in preventing environmental damage, thereby enabling communities to actively engage in preserving the environment.

Drawing from the aforementioned discussion, the challenges and initiatives surrounding community participation in averting environmental harm hold immense significance for

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environmental sustainability. Addressing these challenges entails a multifaceted approach, including enhancing community education and awareness regarding environmental issues, facilitating community access to necessary information and resources for environmental management, and empowering communities to monitor and report activities detrimental to the environment.

B. Conclusion

Based on the above discussion, it can be concluded that community participation is crucial in the prevention of environmental damage. The community plays a significant role in preserving the environment and reducing the negative impacts caused by human activities. In the context of international law, community participation in environmental protection is regulated in international legal instruments such as in the United Nations Framework Convention on Climate Change (UNFCCC). Meanwhile, in Indonesia, it is regulated in Law Number 32 of 2009.

Thus, it is critical to engage in a range of actions. First, it is vital to ensure that the public has easy access to data on environmental issues, the impacts of environmental damage, and ways to prevent it. This goal can be achieved through educational campaigns, making information readily available, and leveraging information and communication technologies.

Second, enhancing environmental education and awareness is the key, which can be done by integrating environmental subjects into school programs and offering education and training initiatives to the wider community. Such efforts will cultivate an appreciation for the importance of conserving the environment and encourage active participation in preservation efforts. Finally, the formation of Community Participation Forums is crucial. This involves setting up dynamic and effective platforms like community groups, environmental NGOs, or councils, which will enable community dialogue, exchange of ideas, and engagement in the decision-making processes related to environmental safeguarding.

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Ishaq. Metode Penelitian Hukum Dan Penulisan Skripsi, Tesis, Serta Disertasi. ALFABETA, Cv, 2017.

Jonaedi Efendi dan Johnny Ibrahim. Metode Penelitian Hukum: Normatif Dan Empiris / Jonaedi Efendi, Johnny Ibrahim. Kencana. Vol. 2, 2018.

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Jacobs, Jamie Elizabeth. “Community Participation, the Environment, and Democracy: Brazil in Comparative Perspective.” Latin American Politics and Society 44, no. 04 (2002).

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Li, Lixia, Yu Yang, and Gaoyuan Qin. “Optimization of Integrated Inventory Routing Problem for Cold Chain Logistics Considering Carbon Footprint and Carbon Regulations.” Sustainability (Switzerland) 11, no. 17 (2019).

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https://doi.org/10.1093/reep/rez001.

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Yakubu, Khadija N, and Hadiza Mado. “Assessment of Community Participation in Solid Waste Management in Kaduna Metropolis.” Nigerian Environmental Society National Conference: Deployment of Green Initiatives for Economic Diversification in AfricaAt:

Nigeria, no. October (2018).