The Effectiveness of Paris Agreement Regime in Control Global

Warming in the Field of Food Security in Indonesia

Suparto Wijoyo

, Bagus Oktafian Abrianto

, Prawitra Thalib

, Wilda Prihatiningtyas

, and Fitri Nur

Amalia

Master Program Study of Law and Development, Universitas Airlangga, Postgraduate School of Universitas Airlangga,

Campus B. Jl. Airlangga No. 4-6 Surabaya, Indonesia,

Faculty of Law, Universitas Airlangga, Campus B Jl. Dharmawangsa Dalam Selatan Surabaya, Indonesia,

Keywords: Food Security, Global Warming, Paris Agreement.

Abstract: Dynamic commitment of International Community in the issue of control upon global warming has been

developed since 1919. As seen from some number of International Treaties, Paris Agreement, for instance,

showed the strength of International Commitment to solve global-warming-related issues as well as

environmental-related one. When the majority of International States agree to be bound, in contrast, the

USA new President, Donald Trump has ammended the former president involvement by pulling out the

ratification. Despite of the situation, however, the rest of the world are still firmly standing together in

fighting global warming in Indonesia. This paper will further discuss in brief about the progress of

regulations regarding global warming solutions and its implications both in national and international scale.

Furthermore, specifically, this paper highlight the effectivity of Paris Agreement regime enforcement in

reducing the negative impacts of global warming. Food security will the main highlighted concern and also

become the indicator of comparative studies applied in this research.

1 INTRODUCTION

Global warming has been a serious international

discussion since 1919. The economic power

generated from the global crisis due to the global

climate growth. Reducing the effects of greenhouse

gases (GHG) or "greenhouse gases" (GHGs) must be

taken to overcome this problem (Otto Soemarwoto,

1993). The global warming produced by the climate

with its various environmental impacts. Article 1

point 2 UN FCCC defines:

"Climate change" means a change of climate

which is attributed directly or indirectly to human

activity that alters the composition of the global

atmosphere and which is in addition to natural

climate variability observed over comparable time

period.

United Nations through The United Nations

Environment Programme (UNEP) on February 5-9,

2001 in Nairobi, Kenya, issued and developed early

warnings about natural disasters caused by climate

change. The IPCC reports that climate change could

lead to floods across the planet, declining

agricultural yields and rising the sea level from 9-88

cm (Surabaya Post, 2001).

UNEP scientists predict that climate change is

the biggest environmental problem for the next

hundred years (Kompas, 2002). Climate change is

the collective responsibility of the human

community of all nations (Lavanya Rajamani, 2000).

A large number of international initiatives are

organized to overcome the climate change. In 1979,

the first World Climate Conference was held in

response to the potential impact of global

temperature rise by establishing The World Climate

Program (WCP) under the auspices of The World

Meteorological Organization (WMO), UNEP, The

United Nations Educational, Scientific and Cultural

Organization (UNESCO) and The International

Council of Scientific Union (ICSU).

The existence of international environmental law

instruments comprising the Vienna Convention

(1985), the Montreal Protocol (1987), the UN FCCC

(1992), the Kyoto Protocol (1997), and the Paris

Agreement (2015) constitute a juridical recognition

of global warming as a serious problem in the

Wijoyo, S., Abrianto, B., Prihatiningtyas, W. and Amalia, F.

The Effectiveness of Paris Agreement Regime in Control Global Warming in the Field of Food Security in Indonesia.

DOI: 10.5220/0007548106150621

In Proceedings of the 2nd International Conference Postgraduate School (ICPS 2018), pages 615-621

ISBN: 978-989-758-348-3

615

constellation atmospheric protection. The entire

legal documents make it possible to establish an

international system for all countries to report

annually on GHG emission change and to focus on

developing information on climate change threats

(Lester R. Brown, 2001).

An Inventory of "international environmental

legal instruments" finds more than 500 international

agreements on the environment (Daud Silalahi,

1996).

The International agreements in the field of

atmospheric protection are qualified in terms of soft

law and hard law documents have grown rapidly

since 1919 to the present (Edith Brown Weiss,

1992). From the inventorized international treaties, it

is known how much the commitment of the world

community to the problem of atmospheric

protection. However, the existing treaties are

considered too fragmental and difficult to implement

as well as international environmental law

instruments in general.

The international agreement on the environment

has not been effectively implemented. The WSSD in

Johannesburg in 2002 found it necessary to find

ways to optimize the implementation of international

environmental agreements in the "Plan of

Implementation", especially in the "Means of

Implementation" section to address two major

challenges: a better life of all people and protecting

the environment which sustains the life of the Earth

(Maria Hartiningsih, 2002). In the national context,

climate change control is a constitutional mandate

that every person has the right to live a prosperous

life and inhabit, to live, and to get a good and

healthy environment and be entitled to health

services. The state should give a proper direction

and ensure the running development for the people

welfare still in line with the protection of

environmental and social aspects. As the rise of

climate change awareness, controlling as well as

handling of climate change is no longer considered

as a burden to the State, but it becomes a necessity.

Thus, the State's commitment to address climate

change should become a priority of national agenda.

The Paris Agreement is one of the international

treaties on climate change that has been ratified by

the Government of Indonesia through Law no. 16 of

2016 on the Ratification of the Paris Agreement to

the United Nations Framework Convention on

Climate Change.

In order to achieve the purpose of paris consent,

the national contribution to the global effort set forth

in the National Defined Contribution, all States

Parties undertake and communicate their ambitious

efforts and demonstrate progress from time to time

relating to the National Defined Contributions

(mitigation), adaptation, and funding support,

technology and capacity building for developing

countries by developed countries. Indonesia's

National Defined Contributions (NDC) includes

aspects of mitigation and adaptation. In line with the

terms of the Paris Agreement, the NDC of Indonesia

shall be established periodically. In the first period,

the target of NDC Indonesia was to reduce

emissions by 29% by own effort and to 41% if there

was international cooperation from the condition of

business as usual in 2030 to be achieved, among

others through the forestry sector, energy including

transportation , waste, industrial processes and

product use, and agriculture. The NDC Indonesia's

commitment to the next period is set based on

performance reviews and should show improvement

over the next period.

To achieve these targets, practical and

implementation efforts are required. The approach

used in global warming control has been more

emphasis on practitioner approach, but weak on the

level of regulation when the regulation becomes an

important benchmark in the implementation of a

government policy. Therefore, with the model

formulation of regulations in accordance with the

principles contained in the Paris Agreement, all

matters related to the impact of global warming can

be minimized as possible.

2 RESEARCH PROBLEM

Based on the background of the problem, It can be

Based on the background of the problem, It can

be formulated as follows:

1. Design the development of regulation of global

warming control within the scope of food

security and its implementation

2. Comparison of global warming control within

the scope of food security in Indonesia.

3 PURPOSE AND BENEFIT

The purpose of this research is (1) to identify and

analyze the development of regulation of global

warming control in the field of food security and its

implementation; and (2) to identify comparisons of

global warming control within the scope of food

security in Indonesia.

Practically, this research is expected to give input

to the government in the effort to reform the

ICPS 2018 - 2nd International Conference Postgraduate School

616

regulation in the environmental field especially

related to the effort of fulfilling the target of

Government of Indonesia in reducing the impact of

global warming based on Paris Agreement as stated

in the General Explanation of Law no. 16 of 2016.

3.1 Global Warming: Definition and

Effect

Global warming is an event caused by: (1)

increasing average temperature in the atmosphere

layer; (2) rising temperatures in seawater, and (3)

rising temperatures on land. Symptoms of global

warming can be observed and felt in the presence of:

1) unpredictable seasons change; 2) thunderstorms

are common everywhere; 3) frequent tornadoes; 4)

floods and droughts occur at the same time; 5)

epidemic disease in many places; and 5) white coral

reefs (Gatut Susanta and Hari Sujtahjo, 2007).

Many experts argue that the main cause of global

warming is human activity although there are other

causes that are natural. Causes of global warming by

human activities include: 1) burning of coal fuel, for

example for power generation; 2) petroleum

burning, for example for motor vehicles; and 3)

combustion of natural gas, for example for cooking

purposes.

As a result of the combustion process, carbon

dioxide and other gases are released into the

atmosphere. These gases are called greenhouse

gases. The more greenhouse gases meet the

atmosphere the stronger they become an insulator

that blocks heat from sunlight emitted to the surface

of the earth. It is estimated that the process of

warming and cooling the earth has changed each

other and more or less occurred for 4 billion years.

Global warming occurs when carbon dioxide

(CO2) and other air pollutants and greenhouse gases

collect in the atmosphere and absorb sunlight and

solar radiation that have bounced off the earth’s

surface.

Global warming due to the greenhouse effect that

reduces the area of icing on the earth can affect the

active volcanic plate areas, this is like what

happened in Iceland (Michael Hangga Wismabrata,

2018). According to Amanda MacMillan, The

effects of global warming: 1) Melting glaciers, early

snowmelt, and severe droughts will cause more

dramatic water shortages and increase the risk of

wildfires in the American West; 2) Rising sea levels

will lead to coastal flooding on the Eastern

Seaboard, especially in Florida, and in other areas

such as the Gulf of Mexico; 3) Forests, farms, and

cities will face troublesome new pests, heat waves,

heavy downpours, and increased flooding. All those

factors will damage or destroy agriculture and

fisheries; 4) Disruption of habitats such as coral

reefs and Alpine meadows could drive many plant

and animal species to extinction; dan 5) Allergies,

asthma, and infectious disease outbreaks will

become more common due to increased growth

of pollen-producing ragweed, higher levels of air

pollution, and the spread of conditions favorable to

pathogens and mosquitoes (Amanda MacMillan,

2018).

Meanwhile, according to Melissa Denchak, the

effects of global warming: 1) More frequent and

severe weather, higher temperatures are worsening

many types of disasters, including storms, heat

waves, floods, and droughts. A warmer climate

creates an atmosphere that can collect, retain, and

drop more water, changing weather patterns in such

a way that wet areas become wetter and dry areas

drier; 2) Higher death rates, In the United

States, hundreds of heat-related deaths occur each

year due to direct impacts and the indirect effects of

heat-exacerbated, life-threatening illnesses, such as

heat exhaustion, heatstroke, and cardiovascular and

kidney diseases. Indeed, extreme heat kills more

Americans each year, on average, than hurricanes,

tornadoes, floods, and lightning combined; 3) Dirtier

air, rising temperatures also worsen air pollution by

increasing ground level ozone, which is created

when pollution from cars, factories, and other

sources react to sunlight and heat; 4) Higher wildlife

extinction rates, According to the Intergovernmental

Panel on Climate Change's 2014 assessment, many

land, freshwater, and ocean species are shifting their

geographic ranges to cooler climes or higher

altitudes, in an attempt to escape warming (Mellisa

Denchak, 2018). Indeed, a 2015 study showed that

vertebrate species—animals with backbones, like

fish, birds, mammals, amphibians, and reptiles—are

disappearing 114 times faster than they should be, a

phenomenon that has been linked to climate change,

pollution, and deforestation; 5) More acidic oceans,

The earth's marine ecosystems are under pressure as

a result of climate change. Oceans are becoming

more acidic, due in large part to their absorption of

some of our excess emissions. As this acidification

accelerates, it poses a serious threat to underwater

life, particularly creatures with calcium carbonate

shells or skeletons, including mollusks, crabs, and

corals. This can have a huge impact

on shellfisheries; 6) Higher sea levels, the polar

regions are particularly vulnerable to a warming

atmosphere. Average temperatures in the Arctic are

rising twice as fast as they are elsewhere on earth,

The Effectiveness of Paris Agreement Regime in Control Global Warming in the Field of Food Security in Indonesia

617

and the world's ice sheets are melting fast. This not

only has grave consequences for the region's people,

wildlife, and plants; its most serious impact may be

on rising sea levels.

According to the National Oceanic and

Atmospheric Administration, in 2015 there were 10

weather and climate disaster events in the United

States—including severe storms, floods, drought,

and wildfires—that caused at least $1 billion in

losses. The world in which we live, which climate

experts project will be at least eight degrees warmer

by 2100 should global emissions continue on their

current path, this small rise will have grave

consequences, ones that are already becoming

apparent, for every ecosystem and living thing—

including us.

3.2 The Implementation of Paris

Agreement on Legal Positive in

Indonesia

Indonesia itself has signed the Paris Agreement in

New York, United States on April 22, 2016 which

was conducted by the Minister of Environment and

Forestry, Mrs. Siti Nurbaya. The implementation of

the Paris Agreement in the positive law in Indonesia

is ratified in Law No. 16 of 2016 on the Ratification

of the Paris Agreement to the United Nations

Framework Convention on Climate Change (Paris

Accord to the United Nations Framework

Convention on Climate Change). The

implementation of the Paris Agreement was

undertaken on the basis of the NDC made by each

country participating in the UNFCCC, Indonesia

itself has had an Intended Nationally Determined

Contribution (INDC) before COP 21. World leaders

agreed on COP 22 discussing the implementation of

the Paris Agreement and improving its

implementation capacity.

The discussion was primarily worked on in the

trial of Ad hoc working group on the Paris

Agreement (APA) with six main agenda namely

mitigation implementation guideline, adaptation

communication guidance, modalities, procedures

and guideline transparency framework, global

implementation of stocktake, modalities and

procedures for the compliance committee and other

matters of immune-related engagement from the

Paris Treaty.

Indonesia on all agenda items contribute in

accordance with the national interest, such as the

promulgation of the Treaty of Paris, the NDC has

been subsequently submitted and the establishment

of the National Registration System, as well as the

development of the "Kampung Iklim (Climate

Kampung)" program.

Climate Kampung Program (ProKlim) is a

nationwide scheme developed by the Ministry of

Environment (MOE) to encourage the active

participation of communities and all parties in

carrying out local actions to improve resilience to

climate change impacts and reducing GHG

emissions through the implementation of Proklim ,

The Government rewards communities in certain

locations that have been implementing climate

change adaptation and mitigation efforts in a

sustainable way.

The implementation of ProKlim refers to the

Regulation of the Minister of Environment Number

19 Year 2012 on "Climate Village" Program.

Climate change adaptation and mitigation measures

at ProKlim sites can be: P

Drought, flood, and

landslide controls; Increased food security; Climate-

related disease control; Handling or anticipating sea

level rise, rob, sea water intrusion, abrasion, ablation

or erosion due to wind, high waves; Waste

processing, solid and liquid waste; Wastewater

treatment and utilization; Use of new renewable

energy, conservation and energy savings;

Agricultural cultivation; Increased vegetation cover;

and Prevention and control of forest and land fires.

The evidence of Paris Agreement implementation

can be seen from the implementation of the NDC.

According to Rida Mulyana as Director General

of New Energy, Renewable Energy and

Conservation, to support the achievement of NDC

targets, the ESDM ministry has prepared various

policy tools, strategic programs and action plans to

reduce emissions by 11% or 314 million tonnes of

CO2e achieved in 2030 (IESR Institute for Essential

Services Reform, 2017). If Indonesia is not able to

achieve its emission reduction target of 29-41% by

2030, it will be even harder to reach the Paris

Agreement target with a 1.5°C scenario.

4 METHODS

This type of research is normative legal research

with conceptual approach and comparative

approach. The conceptual approach is an approach

that evolves from the views and doctrines developed

in law science. Comparative approach is an

approach by studying and analyzing the application

of global warming control in the field of food

security under the Paris Agreement on the state of

Indonesia.

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5 RESULT AND DISCUSSION

5.1 The Progress Of Regulations

Regarding Global Warming

Solutions And Its Implications Both

In National And International

Scale.

The Paris Agreement entered into force on 4

November 2015 and thereafter many countries

ratified the Paris Agreement with a total emission of

51.89% of the required 55%. For example, the

United States as a country that has ratified the Paris

Agreement with emissions represented by the

country amounted to 17.89% (Henriette Imelda and

Fabby Tumiwa, 2016). It is unfortunate that the

United States withdrew itself from the Paris Treaty

after the post of president was replaced by Donald

Trump (Michael D. Shear, 2017).

In addition, internationally, the United Nations

Climate Change Secretariat makes a Progress

Tracker of work programs generated from relevant

requests in decision 1 / CP.21 to which this

information is updated on April 20, 2018. Almost all

work programs are in ongoing and negotiating

stages, but there are already some that are done.

Within the national scope, the Paris Agreement

has become a reference to the solution of global

warming that affects climate change. Indonesia itself

has signed the Paris Agreement in New York, USA

on April 22, 2016 conducted by the Minister of

Environment and Forestry, Mrs. Siti Nurbaya. This

is shown as one of Indonesia's concern for the

environment especially in global warming issue. The

form of implementation of the Paris Agreement in

Indonesia is by ratifying the Paris Agreement into

Law No. 16 of 2016 on the Ratification of the Paris

Agreement to the United Nations Framework

Convention On Climate Change. The existence of

this law can be a reference of Indonesia in carrying

out activities to support the achievement of the

objectives of the Paris Agreement.

Previously Indonesia itself has had a program in

dealing with climate change namely Kampung

Climate Program or abbreviated as ProKlim.

ProKlim is a nationwide scheme developed by the

Ministry of Environment to encourage the active

participation of communities and all parties to

implement local actions to improve resilience to

climate change impacts and reductions in

greenhouse gas emissions. Through the

implementation of ProKlim, the Government

rewards communities in certain locations that have

been implementing climate change adaptation and

mitigation efforts in a sustainable way. This shows

that Indonesia is very supportive in responding to

global warming issues that affect climate change that

can threaten the world that is by implementing

ProKlim.

5.2 The Effectivity Of Paris Agreement

Regime Enforcement In Reducing

The Negative Impacts Of Global

Warming And Increasing Of Food

Security

The effectiveness of the Paris Agreement in

reducing the negative impact of global warming on a

national scale can only be done if the Paris

Agreement has been ratified by that country.

Indonesia which ratifies the Paris Agreement can

only implement the provisions of the agreement. Big

businessmen like Exxon Mobil as the world's largest

oil and gas company say that "The Paris agreement

is an effective framework for addressing the risks of

climate change" when Trump decided to withdraw

from the Paris Agreement.

World Food Programe or abbreviated as WFP

sees climate change as a trigger of risk to food

security, threatening to undermine efforts to

eradicate food insecurity and poverty. This will

affect the livelihood of people who are vulnerable to

food insecurity (food insecure people). Climate

change leads to climate-related natural disasters that

affect the dimensions of food security, including

malnutrition.

Given that the impact of global warming such as

melting glaciers, early snowmelt, rising sea levels,

disruption of habitats such as coral reefs, also the

forests, farms, and cities will face troublesome new

pests, heat waves, heavy downpours, and increased

flooding. All these factors can disrupt and destroy

agriculture and fishery which will have an effect on

food security, especially Indonesia which is famous

for its people who are farming livelihood and

fishermen will feel the impact of climate change

directly on their food security.

For people living in marginal areas, they are

more likely to feel the impact of climate change

because they generally rely on nature in cultivating

or going fishing. Not only as income, even the food

they consume is also the result of suitable planting

and fishing itself and climate change that resulted in

a lot of natural damage will impact strongly on their

dietary needs and nutrients that will later impact on

their survival.

The Effectiveness of Paris Agreement Regime in Control Global Warming in the Field of Food Security in Indonesia

619

With this, it is imperative that combined actions

on climate change adaptation and mitigation are

supported by technology research and development

that can reduce threats to food and nutrition security.

Five food solutions to address the impacts of climate

change are: 1) Direct nutrition interventions to build

resilience to climate change impacts; 2) Sustainable

agricultural development, climate-resistant and

nutritive sensitive; 3) Easy access to maternal and

child health care, safe water and sanitation systems

and adequate, safe food; 4) Social protection

schemes proven effective in dealing with

malnutrition; and 5) Empowerment and social

participation in community-based communities that

are resistant to climate change and nutrition. This

aims to keep people from relying on an uncertain

natural climate.

5.3 Food Security in Indonesia

As rice has become a staple food for most

Indonesian people, the rice consumption is in line

with the increasing population of Indonesia every

year. The very high dependence of the Indonesian

people on rice will be a problem if the availability of

rice is not sufficient. It can disrupt national food

security (National Bureau of Statistics, 2009).

Indonesia's ability to meet the rice needs was put

forward by economic observers from IRRI

(International Rice Research Institute) estimating

that Indonesia will still depend on imported rice

until 2025 (Sombilla, M.A., M.W. Rosegrant and S.

Meijer. 2002)

In the P2BN (Bakti Nusantara Profession

Education) program, intense IPT technology

implementation in irrigated rice fields, rainfed

lowland and tidal swamp land will raise the

production rate high but this will take a long time

(Pearson, S., W. Falcon, P. Heytens, E. Monke and

R. Naylor. 1991).

The food crisis is the impact of a multi-

dimensional crisis. It appears that food security is

interconnected with the environment. This should be

watched because the mainstay of efforts to increase

food production. One of them is wet land (wetland)

and dry (upland rice) that are vulnerable to

environmental changes.

While the biophysical constraints of

development and sustainability of food production,

one of which is influenced by climate. The

characteristics of the optimal climate for rice plant

growth are relatively high temperatures, moderate to

long growing seasonal season, sufficient sunlight,

adequate water availability and distributed evenly

throughout the planting season, dry humidity with

cool temperatures in the filling period until maturity

of grain.

6 CONCLUSION

To overcome the problem of food security, it should

be implemented effectively in Indonesia prolink

program. Besides that, Indonesia can follow

plausible scenario, one of them is IMPACT Model

to know the state of food security in the future

(future envisioning, future pathways and accounting

for critical uncertainties). As results of the research,

they can do anticipation, for example, if Indonesia

cannot meet the national food needs, Indonesia is

endeavored to open international trade to stable

maintain supply and crop breeding in agriculture to

produce innovation varieties.

ACKNOWLEDGEMENTS

The researcher always grateful thanks to Allah SWT

Almighty God because of His bless we can do and

finish this reseach obviously and relevantly.

Muhammad SAW as a guide of truth, shalawat and

greetings are always poured out on him. We would

like to express our gratitude to Directur of

Postgraduate School UNAIR and Dean of Law

Faculty UNAIR for giving us the funds and easy

access to finish this research.

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PROKLIM, Program Kampung Iklim (ProKlim),

http://proklim.menlhk.go.id, dikunjungi pada 1 April

2018.

Sombilla, M.A., M.W. Rosegrant and S. Meijer. 2002. A

Long-term Outlook for Rice Supply and Demand

Balances in South, Southeast and East Asia. In

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pada tanggal 29 Mei 2018.

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Sebagai bahan tambahan: Daniel Murdiyarso, Sepuluh

Tahun Perjalanan Negosiasi Konvensi Perubahan

Iklim, Penerbit Buku Kompas, Jakarta, 2003. Daniel

Murdiyarso, CDM: Mekanisme Pembangunan Bersih,

Penerbit Buku Kompas, Jakarta, 2003. Daniel

Murdiyarso, Protokol Kyoto: Implikasinya Bagi

Negara Berkembang, Penerbit Buku Kompas, Jakarta,

2003.

World Food Programe Indonesia, Food Security and

Climate Change, h. 2.

The Effectiveness of Paris Agreement Regime in Control Global Warming in the Field of Food Security in Indonesia

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