The use of the precautionary principle to the area of environmental management and sustainability, largely

in response to the necessity of every each individual state to protect their rights and interests in order to

safeguard the Mother Nature. Therefore, this study examines the used of the precautionary principle in the

Siak Regency of Indonesia focusing on the planning laws in relation to the environmental management and

sustainability from the legal perspectives; identify actions, which deal with the protection to the environment

as well as a tool for the achievement in sustainable development

Ali, Zaini

Arifin, Kadir

Emrizal, Emrizal

Majid, Nuriah Abd.

Maulidiah, Sri

Monalisa, Monalisa

Ramli, Zuliskandar

Zakaria, Sharifah Zarina Syed

Repository Universitas Islam Riau

Eco. Env. & Cons. 26 (3) : 2020; pp. (1085-1089)Copyright@ EM InternationalISSN 0971–765XEnvironmental management: A study on theprecautionary principle in siak regency of Indonesiatowards sustainable developmentSri Maulidiah1, Monalisa1, Zaini Ali1, Sharifah Zarina Syed Zakaria2, Nuriah Abd. Majid2,Kadir Arifin3, Zuliskandar Ramli4 Emrizal5 and Muhammad Rizal Razman6*1Faculty of Social and Political Sciences, Universitas Islam Riau, Jalan Kaharuddin Nasution, No.113, Simpang Tiga Marpoyan, 28284 Pekanbaru, Riau, Indonesia. 2Research Centre forEnvironmental, Economic and Social Sustainability (KASES), Institute for Environment andDevelopment (LESTARI), Universiti Kebangsaan Malaysia, 43600 UKM Bangi, Selangor, Malaysia.3Social, Environmental, Developmental Sustainability Research Centre (SEEDS), Faculty of SocialSciences and Humanities (FSSK), Universiti Kebangsaan Malaysia, 43600 UKM, Bangi, Selangor,Malaysia. 4Institute of the Malay World and Civilization (ATMA), Universiti Kebangsaan Malaysia,43600 UKM Bangi, Selangor, Malaysia. 5Faculty of Forestry, Universitas Lancang Kuning, JalanYos Sudarso KM. 8, Umban Sari, Rumbai, Pekanbaru, Riau 28266, Indonesia.6Research Centre for Sustainability Science and Governance (SGK), Institute for Environment andDevelopment (LESTARI), Universiti Kebangsaan Malaysia, 43600 UKM Bangi, Selangor, Malaysia.(Received 3 March, 2020; accepted 16 April, 2020)ABSTRACTThe use of the precautionary principle to the area of environmental management and sustainability, largelyin response to the necessity of every each individual state to protect their rights and interests in order tosafeguard the Mother Nature. Therefore, this study examines the used of the precautionary principle in theSiak Regency of Indonesia focusing on the planning laws in relation to the environmental management andsustainability from the legal perspectives; identify actions, which deal with the protection to the environmentas well as a tool for the achievement in sustainable development.Key words: Environmental management and sustainability, Precautionary principle, Planning lawsIntroductionEnvironmental management as described many re-searchers is a mixture of various features of life in-cluding culture, social, economic and environment(Abdul Samad et al., 2007, Zainal et al., 2011, Zainalet al., 2012). Abdul Samad et al. (2007) further de-fined eenvironmental management as a capacity tosustain the quality of life we value or to which weaspire. In operational words, it is usually analysesas ornamental the environment, social, cultural andeconomic well-being of current and future inhabit-ants (Abdul Samad et al., 2007; Zainal et al., 2011;Zainal et al., 2012). Environmental managementhave been also submitted as related to the conceptof sustainable development.The concept of sustainable developmentThe concept of sustainable development has beendefined by the World Commission on Environment1086 Eco. Env. & Cons. 26 (3) : 2020and Development as ‘development that meets theneeds of the present generation without compro-mising the ability of the future generations to meettheir own needs.’ The above-said concept coverstwo essential scopes, i.e. environment and socialaspects. This concept of sustainable developmenthas been highlighted in the 1992 United NationsConference on Sustainable Development in Rio deJaneiro, as the results, Agenda 21 and Rio Declara-tion has been established. According to Sands (1995,2003), Agenda 21 emphasises the following matters,which include sustainable human settlement, popu-lation, consumption pattern, poverty and humanhealth. On the other hand, Mensah (1996) stated thatthe Rio Declaration addresses on mankind entitle-ments and rights, which include health and produc-tive life.Basically this concept of sustainable developmenthas been an element in the international legal frame-work since early as 1893.  According to the case ofUnited States of America v Great Britain (1893) 1Moore’s Int. Arb. Awards 755, well known as PacificFur Seals Arbitration, where in this case the UnitedStates of America has stated that a right to makesure the appropriate and lawful use of seals and toprotect them, for the benefit of human beings, frommeaningless destruction (Razman et al., 2009b;Razman et al., 2010c; Emrizal and Razman 2010).Sands (1995) indicated that this concept of sus-tainable development is perhaps the greatest con-temporary expression of environmental policy,commanding support and presented as a funda-mental at the Rio Summit, Rio Declaration on Envi-ronment and Development in year 1992 (Razman etal., 2011, Emrizal and Razman, 2010).According to Article 33 of the Lome‘ Convention1989 states that ‘in the framework of this Conven-tion, the protection and the enhancement of the en-vironment and natural resources, the halting of de-terioration of land and forests, the restoration of eco-logical balances, the preservation of natural re-sources and their rational exploitation are basic ob-jectives that the African-Caribbean-Pacific (ACP)states concerned shall strive to achieve with Com-munity support with a view to bring an immediateimprovement in the living conditions of their popu-lations and to safeguarding those of future genera-tions (Razman et al., 2009c; Emrizal and Razman2010; Razman et al., 2012), which include planningmanagement aspects by promoting the precaution-ary principle to the area of environmental manage-ment and sustainability.Siak Regency Of Indonesia Planning LawAccording to the Law Number 23 Year 2014, it isrequired for every local government of Indonesiawhich includes Siak Regency of Indonesia to pre-pare and design a planning model which coversthree main aspects. There area. The substances of the planned activity for theplanning model;b. Elements that make up the planning model; andc. Procedures in preparation the planning modelThe presence of planning law plays an importantrole in the stability of environmental sustainability.Thus, this study examines the implementation of theplanning law of the Law Number 23 Year 2014 inSiak Regency of Indonesia based on environmentalmanagement towards environmental sustainability.Such study is important because it can help for bet-ter understanding the role of the said  principle tothe area of environmental management andsustainability.Precautionary PrincipleThe precautionary principle gives direction and as-sistance in the development and appliance of theenvironmental management where there is scien-tific doubt (Sands 2003; Razman and Azlan 2009;Razman et al., 2010c). This principle derived fromthe traditional approach in dealing with environ-mental management. According to the traditionalapproach, where all parties concerned have beencalled and these parties created their institutions inorder to adopt and apply decisions that are foundupon “scientific evidences” or knowledge and infor-mation accessible at that particular occasion (Harris,1991; Sands, 1995; Razman et al., 2010b).Basically this traditional approach put forwardthat act shall only be taken where there is scientificfindings that noteworthy environmental harm istaking place and on other hand, in the absence ofthe scientific evidence, therefore, no action may benecessary.However, in middle 1980s, where a change of thetraditional approach has been shown. Example of achange of the traditional approach has been showninclude Ministerial Declaration of InternationalConference on the Protection of the North Sea, 1984,which allows states to take action without the scien-tific evidence of damaging effects since the damageof the marine environment cannot be remedial orMAULIDIAH ET AL 1087irreversible for a short period (Sands 2003; Razmanet al., 2009b; Razman et al., 2010b, Sulaiman andRazman, 2010). In addition the Montreal Protocol,1987, which applies precautionary principle ap-proach rather than the traditional approach whereallows states to take action without the scientificevidence of damaging effects in dealing with con-trolling emission of (chlorofluorocarbon) CFCs.In 1990, the Bergen Ministerial Declaration onSustainable Development in Economic Commissionfor Europe (ECE) region was the first instrument tolink with the sustainable development principle andthe precautionary principle (Mensah 1996, Sands1995; Razman et al., 2009c; Razman et al., 2010a).Since the above-said Declaration, there are anumber of the environmental treaties that haveadopted the precautionary principle into those in-struments. In 1991, Bamako Convention has linkedand put together the precautionary principle andthe traditional approach, where this formulation inBamako Convention does not need to be irreversibleor serious; and lesser the entrance at which scientificproof might need action (Razman et al., 2009a;Razman et al., 2009c; Razman et al., 2010c; Zainal etal., 2011).As for parties involved in the TransboundaryWatercourses Convention, 1992 agreed upon toadopt the same approach in Bamako Convention,1991. Some environmental treaties do not specifi-cally express in adopting the precautionary prin-ciple as part of their instruments but these environ-mental treaties in managing environment noted theprecautionary principle in their Preamble. For anexample, the Biodiversity Convention, 1992 doesnot expressly specifically adopt the precautionaryprinciple but in the Preamble of the BiodiversityConvention, 1992 Moreover, the Earth Summit atRio de Janeiro in the year 1992 has adopted the pre-cautionary principle. It is clearly that shown andhighlighted in the Principle 15 of the Rio Declara-tion (Razman et al., 2009a; Razman et al., 2009c,Razman et al., 2010c, Zainal et al., 2011).Environmental management: The precautionaryprinciple experiences in siak regency of IndonesiaBasically Siak Regency of Indonesia’s local govern-ment is using a specific planning model known asManagement of Change Model with applying basedon the precautionary principle. The implementationof this kind of planning model is according to LawNumber 23 of 2014 (Rauf et al., 2016; Rauf, 2018).The precautionary principle is one of the prin-ciples in the management change model. The ideathat managers’ choice of organizational structureand control systems depends on - precautionary oncharacteristics of the external environment in whichthe organization operates (Rauf et al., 2016; Rauf,2018). Every organization operating within a par-ticular environment needs to adjust and ensure pre-cautionary toward the demands of the external en-vironment in which it is located. The precautionaryprinciple is considered an important mile-stone inthe development of management change model(Rauf et al., 2016; Rauf, 2018).Based on the explanation above, it can be seenthat there is a change in the planning model for theimplementation planning activities in Siak Regencybased on the discretion article on Law Number 30Year 2018 concerning Government Administration,based on article 1 point (9) the Act states that Discre-tion is: / or actions determined and / or carried outby government officials to overcome concrete prob-lems faced in the administration of government interms of legislation that provides choices, does notregulate, is incomplete or unclear, and / or there isgovernment stagnation.In connection with the discretion, then in Article22 of Law Number 30 of 2014, it is stated that:(1) Discretion can only be carried out by autho-rized government officials.(2) Every use of the discretion of government offi-cials aims to:a. Launch governance;b. Fill in the legal vacuum;c. Overcoming the stagnation of government incertain circumstances for benefit and public in-terest.Furthermore, the discretion was also explained inarticle 23 of Law Number 30 of 2014, namely, Dis-cretion of government officials includes:a. Taking decisions and / or actions based on theprovisions of legislation that provide a choice ofdecisions and / or actions.b. Taking decisions and / or actions because thelaws and regulations do not regulate.c. Taking decisions and / or actions because thelegislation is incomplete or unclear.d. Taking decisions and / or actions due to gov-ernment stagnation for wider interests.Therefore, in the implementation of discretion inthe implementation of government, there are sev-eral requirements as stated in 24 Law Number 30 of1088 Eco. Env. & Cons. 26 (3) : 20202014 concerning Government Administration stat-ing that, Government officials who use discretionmust meet the requirements.Based on the above discussion, it can be said thatgovernment officials can take decisions or actions inthe public interest in the form of discretion, so thatgovernment activities can be carried out in accor-dance with the demands and needs of the local com-munity towards sustainable development. Finally,the precautionary principle approach may be con-sidered as one of sources of the planning law as theprinciple position as a general principle of law andalso the management change model of planning inorder to attain sustainable development by promot-ing the precautionary principle to the area of envi-ronmental management and sustainability.ConclusionThe legal standing of the environmental manage-ment and sustainability by promoting precaution-ary principle in order to achieve sustainable devel-opment is still developing, at least, nevertheless,there is enough proof of states conduct and put intopractice to give good reason for the wrapping upthat the above-said principle as highlighted in thoseabove-mentioned planning laws of Indonesia haverecently acknowledged the satisfactorily extensivesupport to permit an excellent argument to be cre-ated which it reflects the legal standing to ensurethe the Siak Regency of Indonesia on regards planninglaws aspects by promoting the precautionary prin-ciple to the area of environmental management andsustainability to achieve sustainable development.AcknowledgementThis study was conducted by using the researchfunding of the (XX-2018-008) research project.ReferencesAbdul Samad Hadi, Shaharudin Idrus, Abdul HadiHarman Shah and Ahmad Fariz Mohamed, 2007.Shaping livable cities for Malaysia. 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Environmental management: A study on the

precautionary principle in siak regency of Indonesia

towards sustainable development

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Environmental management: A study on the precautionary principle in siak regency of Indonesia towards sustainable development

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