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ABSTRAK
Paris Agreement merupakan perjanjian internasional yang mengikat secara hukum
dalam United Nations Framework Convention on Climate Change (UNFCCC)
mengenai mitigasi, adaptasi, dan pembiayaan emisi gas rumah kaca. Indonesia telah
meratifikasi Paris Agreement dengan Undang-Undang Nomor 16 Tahun 2016
tentang Pengesahan Paris Agreement to the United Nations Framework Convention
on Climate Change, dan diundangkan pada tanggal 25 Oktober 2016. Pengesahan
ini merupakan salah satu upaya pemerintah dalam memberikan jaminan kepada
setiap warga negara. untuk mendapatkan lingkungan hidup yang berkualitas.
Sebagai salah satu negara yang telah meratifikasi Paris Agreement, Indonesia
berkewajiban untuk melaksanakan kontribusinya dengan menyusun dan
melaporkan rencana-rencana dalam Nationally Determined Contribution (NDC)
sesuai dengan kewajiban negara sebagai bentuk implementasi dari Perjanjian Paris
(Paris Agreement). Nationally Determined Contribution (NDC) Indonesia
mencakup aksi mitigasi dan adaptasi perubahan iklim yang akan dilaksanakan pada
tahun 2020. Pengesahan Paris Agreement dilakukan atas dasar internal dan
eksternal. Dari sisi internal, alasan di balik pengesahan tersebut berasal dari
kebutuhan akan dukungan ekonomi dari negara maju, tekanan dari LSM dan
masyarakat adat Indonesia, alasan pegawai dan hukum tata negara Indonesia dalam
merespon isu perubahan iklim. Dari sisi eksternal, adalah pemenuhan tuntutan
global, tekanan internasional, serta meningkatkan eksistensi dan citra positif
Indonesia di forum internasional. Ratifikasi Paris Agreement diharapkan dapat
meningkatkan kerja sama bilateral dan multilateral dalam pelaksanaan aksi mitigasi
dan adaptasi perubahan iklim dengan dukungan pendanaan, transfer teknologi serta
mekanisme transparansi dan tata kelola yang berkelanjutan.
Kata Kunci : Perjanjian Paris, ratifikasi, Kontribusi yang Ditentukan Secara Nasional
(NDC), Perubahan Iklim, Indonesia
ABSTRACT
The Paris Agreement is a legally binding international treaty in the United Nations
Framework Convention on Climate Change (UNFCCC) regarding greenhouse gas
emission mitigation, adaptation, and finance. Indonesia has ratified the Paris
Agreement with Law Number 16 of 2016 concerning Ratification of the Paris
Agreement to the United Nations Framework Convention on Climate Change, and
promulgated on October 25th, 2016. This ratification is one of the government's
efforts in providing guarantees to every citizen to get a quality living environment.
As one of the countries that have ratified the Paris Agreement, Indonesia is obliged
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to carry out its contribution by compiling and reporting plans in the Nationally
Determined Contribution (NDC) in accordance with state obligations as a form of
implementation of the Paris Agreement (Paris Agreement). Indonesia's Nationally
Determined Contribution (NDC) includes climate change mitigation and
adaptation actions, which will be implemented in 2020. The ratification of the Paris
Agreement was carried out on internal and external grounds. From the internal
side, the reasons behind the ratification stemmed from the need for economic
support from developed countries, pressure from NGOs and Indonesian indigenous
peoples, reasons for employees and Indonesian constitutional law in responding to
climate change issues. From the external side, it is compliance with global,
international pressure, and to improve the existence and positive image of
Indonesia in international forums. Ratification of the Paris Agreement is expected
to increase bilateral and multilateral cooperation to implement climate change
mitigation and adaptation actions with the support of funding, technology transfer
as well as transparency mechanisms and sustainable governance.
DISCUSSION
1) Paris Agreement
The Paris Agreement is an international agreement on climate change that is
legally binding in the United Nations Framework Convention on Climate Change
(UNFCCC) on climate change mitigation, adaptation, and finance. The Paris Agreement
was adopted on the basis of addressing the effects of global warming and climate change
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and resulted from the 21st unfccc meeting of member states or COP21/CMP11 or the
Paris Climate Conference. The 21st Session of the Conference of the Parties to the
United Nations Framework Convention on Climate Change/COP 21 UNFCCC (The
21st Conference of the Parties to the United Nations Framework Convention on Climate
Change) was held in Paris in 2015 attended by 195 (one hundred and ninety-five)
countries of the parties to the UNFCCC.
At this meeting, the states parties have agreed to adopt a series of decisions
including Decision 1 / CP.21 on Adoption of the Paris Climate Agreement as an
instrument aimed at restraining the increase in global average temperature well below 2
°C above pre-industrialist levels and continuing efforts to reduce temperature rise to 1.5
°C above pre-industrialization levels, Taking into account the different national
conditions outlined in the Nationally Determined Contribution (NDC), namely a
mitigation action document or plan to reduce greenhouse gas (GHG) emissions as a
form of efforts to implement commitments to the Paris Agreement (Paris Agreement)
from each country that has been implemented in 2020. The Paris Agreement is a new
instrument or policy after the 1997 Kyoto Protocol.
Prior to adopting the Paris Agreement, various efforts were made to address the
impacts of global warming and climate change, both through cooperation between
countries and international negotiations. This began with the Earth Summit in Rio de
Janeiro, Brazil in 1992 which resulted in the United Nations Framework Convention on
Climate Change (UNFCCC). In order to carry out the objectives of the climate change
convention, at the third session of the UNFCCC (Third Session of the Conference of
Parties, COP-3) held in Kyoto, Japan, in 1997, a consensus was produced in the form of
a decision (decision 1/CP.3) to adopt the Kyoto Protocol for the UN framework
convention on climate change.
But in its development, the Kyoto Protocol did not succeed in achieving the
target of reducing world emissions due to the lack of commitment of industrialized
countries to reduce their emissions. As the Kyoto Protocol commitment period expires
in 2012, the Decision of COP-17 (Third Session of the Conference of Parties, COP-17)
of 2011 in Durban, South Africa, the Ad Hoc Working Group on the Durban Platform
for Enhanced Action (ADP) is formed, a special committee with a mandate to develop
protocols, other legal instruments after the Kyoto Protocol under the convention that
applies to all parties. and must be completed by 2015 at the COP-21 meeting.
Until the COP-21 (Third Session of the Conference of Parties, COP-21) meeting,
the Paris Agreement was adopted and is a new milestone in efforts to address the
problem of climate change by countries in the world. The Paris Agreement aims to keep
global average temperature rise well below 2 °C (3.6 °F) above pre-industrial levels,
and to pursue efforts to limit the rise to 1.5 °C (2.7 °F) in pre-industrialization times that
would substantially reduce the risks and adverse effects of climate change. In addition,
the Paris Agreement is also directed at improving adaptability to the negative impacts
of climate change, towards climate resilience and low-emission development, without
threatening food production, and setting up funding schemes to lead to low-emission
development.
The Paris Agreement is legally binding and applied by all countries (legally
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binding and applicable to all) with the principle of shared responsibility that is
distinguished and based on their respective capabilities (common but differentiated
responsibilities and respective capabilities), taking into account the different national
conditions outlined in the Nationally Determined Contribution (NDC) which is a
mitigation action document or plan to reduce greenhouse gas (GHG) emissions from
each country. country. The Paris Agreement also gives the responsibility of developed
countries to provide funding, capacity building, and technology transfer to developing
countries. In addition, the Paris Agreement mandates more effective and efficient
increased bilateral and multilateral cooperation to implement climate change mitigation
and adaptation actions with the support of funding, technology transfer, capacity
building supported by ensuring transparency and governance.
2) Ratification of the Paris Agreement (Paris Agrement) into Law No. 16 of 2016
concerning the Ratification of the Paris Agreement To The United Nations
Framework Convention On Climate Change
Ratification is the legal action of a country to be bound by the content, intent
and purpose of an international provision or treaty through the act of incorporating and
accepting such provisions into the national legal system through certain procedures
governed by the national law of a country. Indonesia has ratified the Paris Agreement
with Law No. 16 of 2016 concerning the Ratification of the Paris Agreement to the
United Nations Framework Convention on Climate Change, and was enacted on
October 25, 2016.
The ratification of the Paris Agreement is also based on the mandate in Article
28 A of the 1945 Constitution that "Everyone has the right to live and the right to
defend his life and life". This means that the Government together with other world
countries to maintain the global carrying capacity so that all human beings can live a
decent level of life. And in Article 28 H of the 1945 Constitution Paragraph (1) it is
stated that "Everyone has the right to live a prosperous life born and inner, live, and
get a good and healthy living environment and entitled to health services". This
ratification is one of the Government's efforts in providing guarantees to every citizen
to get a quality living environment. This relates to juridical provisions that guarantee
that the human right to the environment is already a legal obligation for the state.
Climate change has a national and global dimension that are both accommodated in
Nawacita.
Nawacita is the nine priorities of development in the next five years. The nine
priorities are part of the vision of President Joko Widodo and Vice President Jusuf
Kalla in the 2014 presidential campaign. For the global dimension, one of Nawacita's
points about the increasing global role mandates to increase international cooperation
in addressing global problems that threaten humanity including climate change. For
the national context, a number of Nawacita points mandate actions that contain the
benefits of mitigating and adapting to climate change, for example on strengthening
the forestry sector, as well as building sustainable spatial and environmental
governance.
Prior to the ratification of the Paris Agreement, Indonesia had ratified the
Climate Change Convention through Law No. 6 of 1994 concerning the Ratification
of the United Nations Framework Convention on Climate Change and the Kyoto
Protocol through Law No. 17 of 2004 on the Ratification of the Kyoto Protocol. In
order to provide a legal basis for the government's commitment and legal recognition
of participation in international agreements in this case the Paris Agreement, it is in
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accordance with the provisions of the prevailing laws and regulations that the
ratification of the Paris Agreement shall be stipulated in a Law. This is related to the
substance in the Paris Agreement which regulates norms related to environmental
factors.
By ratifying the Paris Agreement and ratifying and implementing all relevant
commitments and arrangements therein, Indonesia will benefit, including: first,
improving the protection of Indonesian regions that are very vulnerable to the impacts
of climate change through climate change mitigation and adaptation. Second,
increased recognition of national commitments in reducing emissions from various
sectors, forest conservation, increasing renewable energy and the participation of local
communities and indigenous peoples in controlling climate change that has been
championed by Indonesia. Third, be the parties who can participate (have voting
rights) in decision-making related to the Paris Agreement, including in the
development of modalities, procedures and guidelines for the implementation of the
Paris Agreement. Fourth, obtaining the ease of accessing funding sources, transfer
technology, and implementation of mitigation and adaptation actions.
3) The Reason the Indonesian Government Ratified the Paris Agreement
The ratification of the Paris Agreement basically contains important values for
Indonesia, which is a form of global compliance and accountability for the issue of
climate change. The rise of forest fires in Indonesia, which increases greenhouse gases,
makes the Indonesian government feel responsible for this incident. In the provisions
of the Paris Agreement contained in Article 21, it states that a minimum of 55 countries
are required to ratify, and represents 55% of the total global emissions for the Paris
Agreement to be in force. In order to achieve this status, ratification is needed for
countries in the world, especially for countries with the largest contributors of gas
emissions including Indonesia. This ratification is an obligation because Indonesia is
included in the 10 countries with the largest contributors of carbon emissions in the
world (World's top ten greenhouse gas emitters). For the record, based on data from
the United Nations Framework Convention on Climate Change (UNFCCC), the
amount of Indonesia's greenhouse gas emissions is 0.554 Gt CO2, equivalent to 1.5%
of total global emissions. This condition needs to be under pressure, given the fact that
environmental problems in developing countries cannot be separated from the social
and economic context of society such as demands for forest conservation, as well as
the occurrence of increased industrial activity to achieve welfare standards equivalent
to developed countries, so this results in pressure on developing countries to ratify the
Paris Agreement, including Indonesia.
The reason Indonesia ratified the Paris Agreement was done on the basis of
internal factors and external factors. First, internally, the reason behind the
endorsement is due to the massive NGO movement and indigenous peoples' pressure
to be considered by Indonesian foreign policy makers to ratify the Paris Agreement.
This relates to juridical provisions that guarantee that the human right to the
environment is already a legal obligation for the state. In addition, the existence of
economic needs is the dominant factor in determining Indonesia's decision-making to
ratify the Paris Agreement where Indonesia as a developing country and also one of
the world's tropical rainforest owners sees opportunities that can be utilized in paying
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for the reduction of global GHG emissions. Especially where developed countries
need carbon quotas so that the industrial production system in their countries
continues. So indonesia sees a gap from the funding scheme legalized by the UNFCCC
as an international environmental regime. In addition, the funding mechanism for ghg
reduction in developing countries also seeks funding for donor countries (developed
industrialized countries) both in the form of funding and transfer of environmentally
friendly technology.
The second reason is external factors. Externally, Indonesia realizes that
environmental damage and development assumptions that are not environmentally
sound, as well as a high enough level of corruption, make it difficult for Indonesia to
get donor countries to support environmentally sound government programs. Because
of this, Indonesia needs a good image to change the international worldview,
especially to support national development. Indonesia's political interests to build an
image as an active country in international forums, especially in the economic and
environmental fields, are increasingly pursued by Indonesia, including one of them by
ratifying the Paris Agreement will open a number of cooperation and coordination that
is needed in line with the effectiveness of the Paris Agreement. There is pressure from
the international community, especially developed countries, on Indonesia to adopt
and implement the requirements and conditions proposed so that its implementation is
in accordance with the wishes of developed countries, making Indonesia unable to
avoid the existing pressure. Coupled with the weak condition of the Indonesian
economy, causing Indonesia to be increasingly dependent with assistance from other
countries. For Indonesia itself, its participation as a developing country will also
provide opportunities to gain access to new sources of funding and technology needed
for environmental management. Ratification of the Paris Agreement can provide
several advantages, including the ease for Indonesia to get various international
support in the form of funding, human resource development and environmental
preservation technology, as well as the opening of a number of cooperation and
coordination that is needed in line with the effectiveness of the Paris Agreement.
However, the most important goal that is expected is to create a positive image of the
Indonesian Government's concern in environmental conservation at the local and
global levels. This is related to international law and public opinion (international law
and world opinion) which is how foreign policy taken by the Indonesian state is related
to international law and the agreements in it and how also international public opinion
about the indonesian government's policy in ratifying the Paris Agreement in 2016 in
order to create a good image to change the international worldview, to support
sustainable national development.
4) Implementation of Indonesia's Commitment to the Paris Agreement in Efforts to
Mitigate and Adapt Climate Change
The Paris Agreement gives responsibility to states parties to draw up a
Nationally Determined Contribution (NDC) which is the obligation of states parties to
draw up specific emission reduction plans related to mitigation, adaptation, funding
support, technology, and capacity building for developed countries. Indonesia as one
of the countries that have ratified the Paris Agreement, is obliged to carry out its
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(BAU) 2030, namely: forestry (17.2%), energy (11%), agriculture (0.32%), industry
(0.10%), and waste (0.38%). As for adaptation, Indonesia's commitment includes
improving economic resilience, social resilience and livelihood resources, as well as
ecosystem and landscape resilience in addition to conditioning for climate resilience.
As part of its pre-2020 commitment, Indonesia has made efforts to reduce GHG
emissions voluntarily since 2020 by pouring in ghg emission reduction targets by 26%
by 2020, and up to 41% if there is international support. In addition, in the face of
post-2020 development, Indonesia views the achievement of island climate resilience
as a result of the implementation of comprehensive adaptation-mitigation programs
and disaster risk reduction strategies. Support in the form of soft technology and hard
technology interventions is an aspect that must be met and can be done through
empowerment and capacity building, improving basic health and education services,
low emission technology innovation, and sustainable natural resource management in
line with sustainable principles and good governance.
Conclusion
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