Issue : Environmental Law
Title : Instrumen Ekonomi atau Privatisasi Pengelolaan Lingkungan? Komentar atas RUU Jasa Lingkungan
Author : Andri G. Wibisana
Abstract : Indonesia ‘s Regional Representatives Board is planning to submit a Bill on environmental services. The Bill proposes the establishment of a new institution in managing environmental service fund, which is collected through a user-charge system. This new institution is expected to be an independent Commission of Environmental Funds Management, of which commissioners are responsible only to the President. The author finds that the spirit of the Bill has nothing to do with the needs to implement economic instruments in terms of user charge. Instead, the Bill stems from the needs to privatize public goods such as environmental services. The spirit can be seen in the forms of reference to Hardin’s “the Tragedy of the Commons “, in which public goods are considered a form of inefficiency in the allocation of resources that will eventually lead to the overexploitation of the goods. In addition, the spirit of privatization can also be seen in the Bill’s proposal to hand over the tasks of the Commission, which include planning, execution, and monitoring, to private entities. The author argues that, with such spirit of privatization in the management of natural resources, the Bill is actually unconstitutional, and hence, should be rejected.
Year : 2008
Journal : Jurnal Hukum dan Pembangunan Vol. 38 No. 4 (2008)
Language : Bahasa Indonesia
Link : http://jhp.ui.ac.id/index.php/home/article/view/179