urrently building, Indonesia needs to accelerate industrial development and transport with low emission levels through the utilization of clean and efficient technology as well as renewable energy utilization (renewable energy). In addition, Indonesia needs to improve the ability of land and forest to absorb GRK. The Kyoto Protocol guarantees that the technology that will be transferred to the developing world must meet these criteria through the Clean Development Mechanism (MPB) or Clean Development Mechanism (CDM) governed by the Kyoto Protocol.
.,, the Clean Development Mechanism (MPB) is a new form of investment in developing countries aimed at driving industrial states to carry out emissions reduction activities in developing countries to achieve GRK emission reduction targets and help developing countries to achieve sustainable development goals.
.,, in relation to it, and considering Indonesia has passed the United Nations Framework Convention on Climate Change (Climate Change Convention) through Act Number 6 of 1994, it is crucial to the Indonesia to validate the Kyoto Protocol. By passing the Protocol, Indonesia adopted the international law as a national law to be outlined in regulatory and institutional frameworks.
1. The Kyoto Protocol ' s Background and Purpose of Protocol
.,, the idea and program to degrade GRK emissions internationally has been in place since 1979. The program gave rise to an idea in the form of an international treaty, the Climate Change Convention, adopted on 14 May 1992 and in effect on 21 March 1994. The Indonesian government signed the agreement and had it legitimated by Law No. 6 of 1994.
.,, in order for the Convention to be implemented by the Parties, it is seen as important a follow-up commitment, especially for the country in the Annex I (industrial country or GRK-producing country) to degrade GRKs as the main element of the cause of change Climate. However, given the weak commitment of the Parties to the Climate Change Convention, the Conference of the Parties(COP) III held in Kyoto in December 1997 resulted in the Kyoto Protocol agreement governing and binding. Industrial State Parties are legally to carry out GRK emission reduction efforts that can be done individually or together.
.,, the Kyoto Protocol aims to maintain the GRK concentration in the atmosphere to be at a level that does not harm the Earth ' s climate system. To achieve that goal, the Protocol regulates the implementation of an industrial state emission reduction by 5% below 1990's emission levels in the period 2008-2012 through the Joint Implementation mechanism (Joint Implementation), the Trade of Emissions (Emission Trading), and the Clean Development Mechanism (Clean Development Mechanism).
2. The benefits of the Kyoto Protocol Unrest
.,, By passing the Kyoto Protocol, Indonesia adopts the Protocol as a national law to be outlined in regulatory and institutional frameworks so that it can:
., a., a. equivocal the commitment to the Climate Change Convention based on the principle of distinguished shared responsibility (common but differentiated principle principle);
., b. carrying out sustainable development in particular to maintain the stability of the GRK concentration in the atmosphere so as not to harm the Earth ' s climate;
.,, c. opened up new investment opportunities from the industrial country to Indonesia through MPB;
., d. encourage cooperation with industry countries through MPB to improve and strengthen capacity, legal, institutional, and GRK emission reduction technologies;
., e. accelerate industrial development and transport with low emission levels through the utilization of clean and efficient technology as well as renewable energy utilization;
f. improving the forest ' s ability and the land to absorb GRK.
3. Kyoto Protocol Pokok Materials
., the Kyoto Protocol is compiled based on the principle of shared responsibility that is distinguished, as set forth in the seventh principle of the Rio Declaration, which means that all countries have the same spirit to preserve and protect human life. and the integrity of the Earth ' s ecosystem, but with different contributions according to the ability of the respective states.
.,, the Kyoto Protocol consists of 28 Articles and 2 Annex:
"
Annex A: The greenhouse gases and sector/source categories.
"
Annex B: Oblicity of reduced emission is defined for the Parties.
The underlying materials are contained in the Kyoto Protocol, among other things the following.
a. Definition
.,, the Kyoto Protocol defines some institutional conventions and protocols, among them the Conference of the Parties(COP) and the Intergovernmental Panel on Climate Change (IPCC) as well as its functions in the implementation of the Convention and Protocol. It is also stated that the Parties to the Annex I Convention (an industrial country, including Russia and other Eastern European countries whose economies are in transition to a free market) are obliged to lower emissions according to the Annex B.
B. Policy and Governance
.,, Article 2 of the Kyoto Protocol governs policies and methods in achieving the commitment of restriction and lowering of emissions by the state at Annex I as well as the obligation to achieve the deadline of such commitments. In addition, the Protocol also requires industrial states to carry out policies and take action to minimize the adverse impacts of climate change to other parties, especially developing countries.
C. Emissions Decrease Target
., the Target reduction target known as the Quantified Emission Limitation and Reduction Objectives (QELROs) described in Article 3 and 4 of the Kyoto Protocol is a staple provision in the Kyoto Protocol. GRK emission according to Annex A Kyoto Protocol includes: Carbon Dioxide(CO2), Methane (CH4), Nitrous Oxide (N2O), Hydrofluorocarbon (HFC), Perfluorocarbon (PFC), and Sulfurhexafluoride (SF6). Target reduction of GRK emissions for the country at Annex I Convention is set in Annex B of the Kyoto Protocol. This provision is a binding section for the country in Annex I.
Protocol also regulates the overall method of lowering GRK emissions together. The number of GRK emissions that must be lowered can relieve the country with high emissions, while the country's emission is low or even because certain conditions do not emit emissions can ease the burden of a group of countries whose emissions are high.
D. Shared Implementation
.,, the Joint Implementation is an emission reduction mechanism that can be implemented between the industrially described countries described in Article 6 rk Convention on Climate Change regulates the reduction of GRK emissions due to human activities so that it can stabilize the GRK concentration in the atmosphere and not harm the Earth's climate system. The Kyoto Protocol sets out rules on how, targets, emissions reduction mechanisms, institutional, and dispute resolution and resolution procedures.
.,, as an archipelago-characterized island nation and has the second longest coastline in the world, with a large population and limited economic capability, Indonesia is at a very vulnerable position to the impact of change climate for the environment and the life of the Indonesian people. The effects include falling food production, the disruption of water availability, the spread of pests and diseases of plants as well as humans, rising sea levels, the sinking of small islands, and the extinction of biodiversity.
.,, as developing countries are cof the Kyoto Protocol. It is the most expensive or the most advantageous method. Such joint implementation activities will result in an emission reduction unit or Emission Reduction Units (ERU).
e. Differentiated Shared Responsibility
.,, a joint obligation between the industrial states included in Annex I with the developing country is tailored to the principle of shared responsibility being distinguished. It is outlined in Articles 10 and 11 of the Kyoto Protocol. Article 10 is the suppression of such obligations without new commitments to the Parties, both industrial and developing countries as referred to in Article 4 of the paragraph (1) of the Convention on Climate Change. Article 11 emphasizes the obligations of the industrial states that are Parties to the Kyoto Protocol and include the Annex II Convention to provide new funds and additional funds, including the technology to carry out the commitment of Article 10 of the Kyoto Protocol.
f. The Clean Development mechanism
.,, the Clean Development Mechanism described in Article 12 of the Kyoto Protocol is the GRK emission reduction procedure in the framework of industrial country cooperation with developing countries. Industriating countries are investing in developing countries to reach their emissions targets. In the meantime, developing countries are interested in achieving the main goals of the Convention and the purpose of sustainable development. The emission drop activity through the MPB must be certified by an operational entity appointed by Conference of the Parties serving as the Meeting of the Parties (COP/MOP).
G. Institutional
.,, the agency that functions the Kyoto Protocol is COP/MOP as the highest institution of decision-making of the Protocol (Article 13); the Protocol Secretariat also functions as the Convention Secretariat performing the administrative tasks of the Protocol. (Article 14); and Subsidiary Body for Scientific and Technological Advice (SBSTA), as the Supporting Agency which provides scientific input to COP/MOP to make decisions (Article 15).
h. Emissions Trading
.,, Trade Emissions as set out in section 17 is an emission trading mechanism that can only be intercountry industrial to produce Assigned Amounts Unit(AAU). Industrial countries whose GRKs emissions are below the allowable limits can be traded on the excess ration of emissions with other industriable countries that cannot fulfill its obligations. However, the amount of GRK emissions being traded is restricted so that the buyer's country continues to fulfill its obligations.
i. Procedure Procedure and Dispute Settlement
.,, Disobedience (non compliance) of the obligations defined in the Protocol is resolved in accordance with the procedures and mechanism of the order that exist in the provisions of Article 18 of the Kyoto Protocol. In accordance with Article 19 of the Kyoto Protocol, in the event of a dispute between the Parties, the dispute settlement process (dispute settlement) refers to Article 14 of the Convention.
4. National Laws relating to the Kyoto Protocol.
.,, Indonesia has related laws and supports the Kyoto Protocol implementation process. Related laws, among others as follows:
., 1. Law No. 11 of 1967 on the provisions of the Mining Staple (sheet of State of the Republic of Indonesia in 1967 Number 22, Additional Gazette number 2831);
., 2. Law No. 5 of 1990 on the Conservation of the Natural Resources of Hayati and its Ecosystem (sheet of state of the Republic of Indonesia in 1990 No. 49, Additional Gazette number 3419);
., 3. Law No. 24 of 1992 on the Alignment of the Space (State Sheet of the Republic of Indonesia of 1992 Number 115, Additional Gazette State Number 3501);
., 4. Law No. 6 of 1994 on Unrest United Nations Framework Convention on Climate Change (United Nations Framework Convention on Climate Change) (State Sheet of the Republic of Indonesia in 1994 Number 42, State Sheet Number 3557);
. .5. Law No. 23 of 1997 on the Governance Of The Living Environment (sheet Of State Of The Republic Of Indonesia In 1997 Number 68, Additional State Sheet Number 3699);
., 6. Law No. 41 of 1999 on Forestry (sheet of state of the Republic of Indonesia in 1999 number 167, Additional Gazette number 3888).
5. Follow-up Passage Of Kyoto Protocol
.,, the provisions of such applicable laws are related to the provisions of the Kyoto Protocol. However, the enactment of the Kyoto Protocol still requires the development of regulations and institutions to carry out and exploit the opportunities that exist in Protocol.
In order for the opportunities that exist in the Convention and Protocol can be utilized optimally, the socialization efforts need to be done effectively and integrated through the coordination of sectors governed by clear regulatory and regulatory devices. So the negative impact of climate change on human environment and human life can be minimized.
II. SECTION BY SECTION
Section 1
., in the event of a different interpretation of the translation in English, the original copy of the manuscript is used in English.
Section 2
.,, pretty clear.
