Considering the huge loss of carbon and ecosystem services when BCE is degraded, curative law enforcement approach can be seen “too late” and even costly through an ecological point of view. However, to provide a strong deterrent message, legal instruments should still be utilized: (a) criminal law enforcement; and (b) claim of civil damages. This includes applying corporate criminal liability.

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Rejuvenated Legal and Policy Frameworks
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1. Recognizing BCE as Critical National Capitals (CNC) without
allowing possible substitutability and replaceability measures.
2. Government institutional arrangement (that is clear, integrated,
and outcome-based) for effective policies implementations to
avoid duplication of function and bureaucratic rivalry.
3. Ensuring a meaningful public participation for blue carbon
dependant people in decision-making and access to tenurial
security for local communities.
4. Effective enforcement.
6 domains of Critical
Ecosystem Services
7 Criterias of Ecologically or Biologically
Significant Marine Areas (EBSA)
Clear distribution of roles, functions, tasks,
and duties, supported by strong and
effective coordination
Bureaucratic culture, strong leadership, and
human resources capacity that supports
“Good Governance”
Outcome-based targets with comprehensive
national action plan
Empowering local governments to
capacitate them in better governing natural
resource management under their
authorities
Effective monitoring and surveillance, including
government and community based surveillances
Imposition of sanctions that can create deterrent effect (including
application of corporate criminal liability)
Classifying BCE as CNE which requires full protection of
the ecosystem
A national law on BCE should be enacted and address several points:
Utilizing advanced technologies to
increase ability to detect violations
towards BCE

3. Securing Blue Carbon Dependent Community Rights
Policies and regulations need to be geared towards recognition of blue carbon dependent
community’s rights. Recognitional, procedural, and distributional rights of local communities ensure
local responsibility and sustainability of BCE management to fulfil their livelihoods:
• Recognitional rights:
Recognition of clear and secure tenure rights, customary law or “adat”, and recognition of local
knowledge within conservation efforts.
• Procedural rights:
Community access to participation in decision making process which should provide real citizen
control and not mere tokenism (Arnstein’s Ladder 1969). For example within spatial planning of
designating protected areas and community-managed areas. Access to information should also
be guaranteed as prerequisite of meaningful/genuine public participation.
• Distributional rights:
Communities protecting blue carbon should receive equitable benefits from their protection
efforts. According to High Quality Blue Carbon Principles (2022), profits and benefits from blue
carbon should be distributed equitably and determined by government or project developers
together with the communities through a transparent decision-making process. Local
communities should be positioned as the ultimate beneficiary and need to be equipped with
sufficient capacities for blue carbon projects. In Indonesia, carbon rights are held by the
government. If the community wants to buy and sell or get rights to the carbon, they must go
through a permit application determined by the government 3

4. Enhancing Capacity of Surveillance and Enforcement
1. Preventive Law Enforcement
Most effective law enforcement should be able to prevent destruction of BCE. There is a need to develop
mechanisms for monitoring and maintenance of BCE that are enacted regularly and strictly. Ensuring
preventive measures requires:
a. Classification of BCE as CNC. The most strict protection instruments should safeguard BCE, not
allowing possibility of substitutability and replaceability of BCE as CNE (i.e. impose exceptional
clauses). Enforcement should
b. Optimizing community-based surveillance and monitoring. Communities as blue carbon dependent
people can carry out surveillance and monitoring activities to prevent damage of BCE (i.e.
Pokmaswas). Community groups need to be provided with the ability, knowledge, and adequate
tools and technology to support monitoring activities. Easily accessed public-complaint system
(Dumas) and regular monitoring are necessary.
c. Sufficient technology to increase ability to detect, strong and clear coordination between
stakeholders, and integrity of law enforcers.
2. Curative or Restorative Law Enforcement
Considering the huge loss of carbon and ecosystem services when BCE is degraded, curative law
enforcement approach can be seen “too late” and even costly through an ecological point of view.
However, to provide a strong deterrent message, legal instruments should still be utilized: (a) criminal law
enforcement; and (b) claim of civil damages. This includes applying corporate criminal liability. 4

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