ENVIRONMENTAL PROTECTION AND MANAGEMENT
Pembukaan
www.hukumonline.com/pusatdata LAW OF THE REPUBLIC OF INDONESIA NUMBER 32 OF 2009 ON ENVIRONMENTAL PROTECTION AND MANAGEMENT BY THE GRACE OF GOD ALMIGHTY PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering: a. that a proper and healthy environment constitutes a human right of every Indonesian citizen as mandated in Article 28 of the 1945 Constitution of the Republic of Indonesia; b. that national economic development as mandated by the 1945 Constitution of the Republic of Indonesia is executed on the basis of sustainable and environmentally-sound development principles; c. that the regional economic spirit in the execution of public administration of the Unitary State of the Republic of Indonesia has brought about changes in relations and authority between the government and regional government, including in the field of environmental protection and management; d. that the decreasing environmental quality has threatened the continuation of life of human and other creatures so that all stakeholders need to protect and manage the environment seriously and consistently; e. that since the rising global warming has caused climate change thus worsening the environmental quality, environmental protection and management are deemed necessary; f. that in order to better guarantee legal certainty and to protect people’s rights to obtain a proper and healthy environment as part of the extensive environmental protection, it has been deemed necessary to enact Law No. 23/1997 on Environmental Management; g. that based on the considerations as referred to in letter a, letter b, letter c, letter d, letter e and letter f, it's necessary to enact a law on environmental protection and management. Observing: Article 20, Article 21, Article 28H paragraph (1), as well as Article 33 paragraph (3) and paragraph (4) of the 1945 Constitution of the Republic of Indonesia. By the Mutual Consent of THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA and THE PRESIDENT OF THE REPUBLIC OF INDONESIA HAS DECIDED: To enact: LAW ON ENVIRONMENTAL PROTECTION AND MANAGEMENT. 1 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata CHAPTER I GENERAL PROVISION Article 1 Under this Law, the following definitions are employed: 1. Environment is a totality of space with all materials, resources, situations and creatures, including human and theirs behavior that influence the nature, continuation of livelihood and human welfare as well as other creatures. 2. Environmental Protection and Management is systematic and integrated efforts to preserve the functions of the environment and prevent environmental pollution and/or damage, which cover planning, utilization, control, preservation, supervision and law enforcement. 3. Sustainable Development is conscious and integrated efforts integrating environmental, social and economic aspects into a development strategy to assure the totality of environment as well as safety, capability, welfare and living standards of the present and future generations. 4. Environmental Protection and Management Plan (Rencana Perlindungan dan Pengelolaan Lingkungan Hidup) from this point onward is referred to as RPPLH, is a written planning containing environmental potentials, issues, as well as protection and management in a specified period. 5. Ecosystem is an order of environment components constituting a comprehensive and mutually influencing totality in forming environmental equilibrium, stability and productivity. 6. Conservation of Environmental Functions is a series of efforts to preserve the continuation of the support and capacity of the environment. 7. Support Capacity of the Environment is the capability of the environment to support livelihood of human, other creatures and equilibrium between the both. 8. Capacity of the Environment is the capability of the environment to absorb substances, energies and/or other components coming or inserted therein. 9. Natural Resources is environmental elements consisting of biological and non-biological resources wholly forming a totality of ecosystem. 10. Strategic Environmental Assessment (Kajian Lingkungan Hidup Strategis) from this point onward is referred to as KLHS is a series of systematic, comprehensive and participatory analyses to ascertain that the principles of sustainable development have become a basis and been integrated into the development of a region and/ or policy, plan and/or program. 11. Environmental Impact Analysis (Analisis Mengenai Dampak Lingkungan Hidup) from this point onward is referred to as Amdal is a study on substantial impacts of a planned business and/or activity in the environment, which is needed for making decision on the operation of business and/or activity. 12. Environmental Management and Monitoring Programs (Upaya Pengelolaan Lingkungan Hidup dan Upaya Pemantauan Lingkungan Hidup) from this point onward is referred to as UKL-UPL, is the management and monitoring of businesses and/ or activities not having substantial impacts on the environment, which are needed for making decision on the operation of businesses and/or activities. 13. Quality Standard of the Environment is the indicator of limit or content of creature, substances, energies or components which exist or must exist and/or pollutants having existence thereof tolerable in a specified resource as environmental substance. 14. Environmental Pollution is the incoming or inclusion of creature, substances energies and/ or other components into the environment by human activities so as to exceed the stipulated environmental quality standard. 15. Standard Criteria for Environmental Damage is limits of change in physical, chemical and / or 2 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata biological characteristics of the environment with are tolerable by the environment so as to be able to preserve its functions. 16. Environmental Damage is the human actions changing directly or indirectly physical, chemical and/or bio logical characteristics of the environment so as to exceed the standard criteria for environmental damage. 17. Environmental Damage is a direct and/or indirect change in physical, chemical and/or biological characteristics of the environment; which exceeds the standard criteria for environmental damage. 18. Natural Resource Conservation is the management of natural resources to assure wise utilization and the continuation of their availability by preserving and enhancing the quality of value as well as biodiversity thereof. 19. Climate Change is the climate change attributed directly or indirectly by human activities thus changing composition of atmosphere globally, besides change in variability of natural climate observed in a comparable period. 20. Waste is the remainders of a business and/or activity. 21. Hazardous and Toxic Materials (Bahan Berbahaya dan Beracun) from this point onward is referred to as B3 is substances, energies and/or other components which may pollute and/or destroy directly or indirectly the environment and/or endanger the environment; health as well as continuation of life of human and other creatures because of their characteristics, concentration and/or quantity. 22. Waste of Hazardous and Toxic Materials from this point onward is referred to as B3 waste shall be remainders of a business and/or activity containing B3. 23. B3 Waste Management is an activity covering the reduction, storage, collection, transportation, utilization, treatment and/or filling. 24. Dumping is an activity to dump, place and/or insert waste and/or materials in a specified quantity, concentration, time and location by certain requirements into a specified environmental media. 25. Environmental Dispute is a dispute between two parties, which arises from an activity potential to affect and/or already affecting the environment. 26. Environmental Impact is the influence on the environment; which is attributable to a business and/or activity. 27. Environmental Organization is a group of organized people and established on the basis of their own will, having goal and activity related to the environment. 28. Environmental Audit is the evaluation executed to judge the compliance of personnel in charge of a business and/or activity to the legal requirements and policies stipulated by the government. 29. Ecoregion is geographic areas sharing the same characteristics of climate, land, water, original flora and fauna as well as pattern of human interaction with the nature, which describes integrity of natural and environmental systems. 30. Local Wisdom is the noble value effective in human life, which is intended to protect and manage the environmental eternally. 31. Traditional Community is a group of public living traditionally in a specific geographic area because of binding in origin of ancestor, strong relations with the environment as well as system of values determining economic, political, social and legal structures. 32. Every person is individual or business entity whether in the form of legal entity or not. 33. Environmental economic instrument is a set of economic policies to motivate the government regional government or every person to conserve the functions of the environment. 34. Serious Threat is a threat having extensive impact on the environment and causing public unrest 35. Environmental Permit is a license granted to every person undertaking businesses and/or activities obliged to undergo Amdal or UKL-UPL in the framework of environmental protection and management 3 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata as pre-requisite for securing business and/or activity permit. 36. Business and/or Activity Permit is a license issued by a technical institution to undertake a business and/or activity. 37. Central Government from this point onward is referred to as the government shall be the President of the Republic of Indonesia holding the executive power of the Republic of Indonesia as referred to in the 1945 Constitution of the Republic of Indonesia. 38. Regional government are governors, regents or mayors and regional apparatuses as regional administrators. 39. Ministry is the Ministry in charge of environmental protection and management affairs. CHAPTER II PRINCIPLE, GOAL AND SCOPE Division One Principle Article 2 Environmental protection and management shall be executed on the basis of principles: a. state responsibility; b. conservation and sustainability; c. harmony and equilibrium; d. integration; e. benefit; f. prudence; g. justice; h. ecoregion; i. biological diversity; j. polluter pays; k. participation; l. local wisdom; m. good governance; and n. regional autonomy. Division Two Goal Article 3 Environmental Protection and Management shall aim to: a. protect the territory of the Unitary State of the Republic of Indonesia from environmental pollution 4 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata and/or damage; b. assure human safety, health and life; c. assure the continuation of life of creatures and ecosystem conservation; d. preserve the conservation of environmental functions; e. achieve environmental harmony, synchronization and balance; f. assure the fulfillment of justice for the present and future generations; g. assure the fulfillment and protection of right to the environment as part of human rights; h. control the utilization of natural resources wisely; i. realize sustainable development; and j. anticipate global environmental issues. Division Three Scope Article 4 Environmental Protection and Management shall cover: a. planning; b. utilization; c. control; d. preservation; e. supervision; and f. law enforcement. CHAPTER III PLANNING Article 5 Environmental protection and management shall be planned through phases of: a. environmental inventory; b. ecoregion stipulation; and c. formulation of RPPLH. Division One Environmental Inventory Article 6 (1) The environmental inventory as referred to in Article 5 letter a shall consist of environmental inventory: 5 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata a. in national level; b. in island/archipelago level; and c. in ecoregion level. (2) The environmental inventory shall be implemented to obtain data and information about natural resources, which cover: a. potential and availability; b. types that are utilized; c. form of control; d. knowledge of management; e. form of damage; and f. conflict and cause of conflict arising from the management. Division Two Stipulation of Ecoregion Article 7 (1) The environmental inventory as referred to in Article 6 paragraph (1) letter a and letter b shall become a basis in the stipulation of ecoregion and shall be carried out by the Ministry after coordinating with the related institutions. (2) The ecoregion as referred to in paragraph (1) shall be stipulated by taking into account the similarity of: a. characteristic of landscape; b. river basin area; c. climate; d. flora and fauna; e. socio culture; f. economy; g. community institution; and h. result of environmental inventory. Article 8 The environmental inventory in the ecoregion level as referred to in Article 6 paragraph (1) letter c shall be implemented to determine the support and capacity as well as reserves of natural resources. Division Three Formulation of Environmental Protection and Management Article 9 (1) RPPLH as referred to in Article 5 letter c shall consist of: 6 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata a. National RPPLH; b. Provincial RPPLH; and c. Regional/Municipal RPPLH. (2) The National RPPLH as referred to in paragraph (1) letter a shall be formulated on the basis of national inventory. (3) The provincial RPPLH as referred to in paragraph (1) letter b shall be formulated on the basis of: a. National RPPLH; b. inventory on the island/archipelago level; and c. inventory on the ecoregion level. (4) The regional/municipal RPPLH as referred to In paragraph (1) letter c shall be formulated on the basis of: a. Provincial RPPLH; b. inventory on the island/archipelago level; and c. inventory on the ecoregion level. Article 10 (1) RPPLH as referred to in Article 9 shall be formulated by the Ministry, governors or regents/mayors in accordance with their respective authorities. (2) The formulation of RPPLH as referred to in paragraph (1) shall take into account: a. the diversity of ecological characteristics and functions; b. the distribution of population; c. the distribution of natural resource potentials; d. the local wisdom; e. the aspirations of public; and f. the climate change. (3) RPPLH shall be governed by: a. a regulation of the government in the case of national RPPLH; b. a provincial regulation in the case of provincial RPPLH; and c. a regional/municipal regulation in the case of regional/municipal RPPLH. (4) RPPLH shall contain information about: a. utilization and/or reservation of natural resources; b. preservation and protection of the environmental quality and/or function; c. control, monitoring as well as exploitation and preservation of natural resources; and d. adaptation and mitigation of climate change. (5) RPPLH shall become a basis for the formulation and be written down in a long-term development plan and medium-term development plan. Article 11 Further provision on the environmental inventory as referred to in Article 6, stipulation of ecoregion as 7 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata referred to in Article 7 and Article 8, as well as RPPLH as referred to in Article 9 and Article 10 shall be governed in a regulation of the government. CHAPTER IV UTILIZATION Article 12 (1) Natural resources shall be utilized on the basis of RPPLH. (2) If RPPLH as referred to in paragraph (1) has not been formulated, natural resources shall be utilized on the basis of the support and capacity of the environment by observing: a. the continuation of environmental process and function; b. the continuation of environmental productivity; and c. safety, living standard and welfare of public. (3) The support and capacity of the environment as referred to in paragraph (2) shall be stipulated by: a. the Ministry, in the case of the support and capacity of national and insular/islands environment; b. governors in the case of the support and capacity of provincial environment and inter- regency/city ecoregion; or c. regents/mayors in the case of the support and capacity of regional/municipal environment and ecoregion in a regency/city. (4) Further provision on procedures for stipulating the support and capacity of the environment as referred to in paragraph (3) shall be governed by a regulation of the government. CHAPTER V CONTROL Division One General Article 13 (1) Environmental pollution and/or damage shall be controlled in the framework of preserving the environmental functions. (2) The control over the environmental pollution and/or damage as referred to in paragraph (1) shall cover: a. prevention; b. mitigation; and c. restoration. (3) The control over environmental pollution and/or damage as referred to in paragraph (1) shall be done by the government, regional government and personnel in charge of businesses and/or activities on the basis of their respective scopes of authority, role, and responsibility. 8 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Division Two Prevention Article 14 Prevention instruments of environmental pollution and/or damage shall consist of: a. KLHS; b. layout; c. quality standard of the environment; d. standard criteria for environmental damage; e. Amdal; f. UKL-UPL; g. licensing; h. economic instrument of the environment; i. environment-based laws and regulations; j. environment-based budget; k. environmental risk analysis; l. environmental audit; and m. other instruments in accordance with the need and/or developments of science. Paragraph 1 Strategic Environmental Assessment Article 15 (1) The government and regional government must make KLHS to ascertain that the principles of sustainable development have become a basis of and been integrated into the development of a region and/or policy, plan and/or program. (2) The government and regional government must implement KLHS as referred to in paragraph (1) in the formulation or evaluation of: a. spatial plan (RTRW) along with its detailed plan, national, provincial and regional/municipal long-term development plan (RPJP), and medium term development plan; and b. policies, plans and/or programs potential to cause environments impacts and/or risks. (3) KLHS shall be executed by mechanism of: a. assessment of influence of policies, plans and/or programs against the environmental condition in a region; b. formulation of alternatives for the improvement of policies, plans and/or programs; and c. recommendation about improvement for making decision on policies, plans and/or programs integrating the principles of sustainable development. Article 16 9 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata KLHS shall contain assessment of, among others: a. the capability of the environment to support and carry development; b. estimated environmental impacts and risks; c. performance of service/ecosystem service; d. efficiency in the utilization of natural resources; e. vulnerability and capacity of adaptation to climate change; and f. security and potential of biological diversity. Article 17 (1) Results of KLHS as referred to in Article 15 paragraph (3) shall become a basis for development policies, plans and/or programs in a region. (2) In the case of the results of KLHS as referred to in paragraph (1) stated that the support and capacity have been exceeded, a. the development policies, plans, and/or programs shall be improved in accordance with recommendation of KLHS; and b. all businesses and/or activities already surpassing the support and capacity of the environment shall not be permitted anymore. Article 18 (1) KLHS as referred to in Article 15 paragraph (1) shall be executed by involving public and stakeholders. (2) Further provision on procedures for the implementation of KLHS shall be governed in a regulation of the government. Paragraph 2 Layout Article 19 (1) In order to preserve the conservation of environmental functions and public safety, every spatial plan shall be based on KLHS. (2) The spatial planning as referred to in paragraph (1) shall be stipulated by observing the support and capacity of the environment. Paragraph 3 Quality Standard of Environment Article 20 (1) Environmental pollution shall be measured through the quality standard of the environment. (2) The quality standard of the environment shall include: a. quality standard of water; b. quality standard of water waste; 10 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata c. quality standard of sea water; d. quality standard of ambient air; e. quality standard of emission; f. quality standard of disturbance; and g. other quality standards in accordance with developments of science and technology. (3) Every person shall be permitted to dispose waste into environmental media with the requirements: a. complying with the quality standard of the environment; and b. securing license from the Ministry, governors or regents/mayors in accordance with their respective authority. (4) Further provision on the quality standard of the environment as referred to in paragraph (2) letter a, letter c, letter d, and letter g shall be regulated in a regulation of the government. (5) Further provision on the quality standard of the environment as referred to in paragraph (2) letter b, letter e, and letter f shall be governed in a Regulation of the Minister. Paragraph 4 Standard Criteria for Environmental Damage Article 21 (1) Criteria for environmental damage shall be stipulated to determine the occurrence of environmental damage. (2) Standard criteria for environmental damage shall include standard criteria for ecosystem damage and standard criteria for damage attributed to climate change. (3) standard criteria for ecosystem damage shall include: a. standard criteria for soil damage for biomass production; b. standard criteria for damage of coral reef; c. standard criteria for environmental damage related to forest and/or land fire; d. standard criteria for mangrove damage; e. standard criteria for lawn; f. standard criteria for peat damage; g. standard criteria for karst damage; and/or h. standard criteria for other ecosystem damage in accordance with developments of science and technology. (4) Standard criteria for damage attributed to climate change shall be based on parameters, among others: a. increase in temperature; b. increase in sea water level; c. typhoon; and/or d. drought. (5) Further provision on the standard criteria for the environmental damage as referred to in paragraph (3) and paragraph (4) shall be regulated by or on the basis of a regulation of the government. 11 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Paragraph 5 Amdal Article 22 (1) Every business and/or activity having substantial impact on the environment must have Amdal. (2) The substantial impact shall be stipulated on the basis of criteria: a. the quantity of population to be affected by the business and/or activity plan; b. the size of distribution area of impact; c. intensity and duration of impact; d. environmental components to be affected; e. cumulative characteristic of impact; f. whether impacts reverts or not; and/or g. other criteria in accordance with the development of science and technology. Article 23 (1) Criteria for business and/or activity having substantial impact shall be accompanied with Amdal consisting of: a. change in formation of land and landscape; b. exploitation of natural resources, either renewable or non-renewable; c. process and activity potential to cause environmental pollution and/or damage as well as squandering and degradation of natural resources in the utilization; d. process and activity having results potential to influence the natural environment, artificial environment as well as socio and cultural environment; e. process and activity having result influencing the preservation of conservation area of natural resources and/or protection of cultural reserves; f. introduction of plants, animals and micro-organism; g. production and utilization of biological and non-biological substances; h. activity with a high risk and/or influence state defense; and/or i. application of technology predicted to have a great potential to influence the environment. (2) Further provision on businesses and/or activities which must be accompanied with Amdal as referred to in paragraph (1) shall be governed by a regulation of the Minister. Article 24 The documents of Amdal as referred to in Article 22 shall be the basis on determining environmental feasibility. Article 25 Amdal documents shall contain: 12 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata a. study on impact of business and/or activity plan; b. evaluation of activities around the location of business and/or activity plan; c. public recommendation, input as well as response to business and/or activity plan; d. estimation of the coverage and important characteristic of the occurring impact if the business and/or activity plan is executed; e. holistic evaluation of the occurring impact to determine environmental feasibility or unfeasibility; and f. environmental management and monitoring plan. Article 26 (1) The Amdal document as referred to in Article 22 shall be formulated by initiators by involving the public. (2) The involvement of public shall be based on principle of provision of information transparently and completely as well as shall be notified prior to the execution of the activity. (3) The public as referred to in paragraph (1) shall include: a. the affected public; b. environmental activists; and/or c. parties affected by all types of decision in the process of Amdal. (4) The public as referred to in paragraph (1) may show objection to the Amdal document. Article 27 In formulating Amdal document, the initiators as referred to in Article 26 paragraph (1) may seek assistance from other parties. Article 28 (1) Amdal organizer as referred to in Article 26 paragraph (1) and Article 27 shall have certificate of competence of Amdal organizer. (2) Criteria for securing the certificate of competence of Amdal organizer as referred to in paragraph (1) shall include: a. mastery of Amdal formulation methodology; b. capability of scoping, predicting and evaluating impact as well as making decision; and c. capability of formulating environmental management and monitoring plan. (3) The certificate of competence of Amdal organizer as referred to in paragraph (1) shall be issued by Amdal organizer certification institute stipulated by the Ministry in accordance with the provision of laws and regulation. (4) Further provision on certification and criteria for competence of Amdal organizers shall be regulated under a regulation of the Minister. Article 29 (1) Amdal document shall be evaluated by Amdal Evaluation Commission (Komisi Penilai Amdal) established by the Ministry, governors or regents/mayors in accordance with their respective authorities. 13 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata (2) The Amdal Evaluation Commission shall secure the license from the Ministry, governors or regents/ mayors in accordance with their respective authorities. (3) Requirements and procedures for the licensing as referred to in paragraph (2) shall be regulated by a regulation of the Minister. Article 30 (1) Members of the Amdal Evaluation Commission as referred to in Article 29 shall consist of representatives of: a. environmental institution; b. related technical institutions; c. experts in the field of knowledge related to types of the assessed business and/or activity; d. experts in the field of knowledge related to impacts, which arise from the assesses business and/or activity; e. representatives of potentially affected public; and f. environmental organization. (2) In executing the task, the Amdal Evaluation Commission shall be assisted by a technical team consisting of independent experts undertaking technical assessment and secretariat established for such purpose. (3) The independent experts and secretariat as referred to in paragraph (3) shall be stipulated by the Ministry, governors or regents/mayors in accordance with their respective authorities. Article 31 Based on the result of evaluation by the Amdal Evaluation Commission, the Ministry, governors or regents/mayors shall stipulate a decision on environmental feasibility or unfeasibility in accordance with their respective authorities. Article 32 (1) The government and regional government shall support the formulation of Amdal for businesses and/or activities of economically weak groups having substantial impact on the environment (2) The assistance provided for the formulation of Amdal as referred to in paragraph (1) shall be in the form of facilitation, costs and/or formulation of Amdal. (3) Criteria for businesses and/or activities of economically weak groups shall be regulated under laws and regulations. Article 33 Further provision on Amdal as referred to in Article 22 to Article 32 shall be regulated in a Regulation of the Government. Paragraph 6 UKL-UPL Article 34 14 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata (1) Every business and/or activity which are not included in Amdal compulsorily criteria as referred to in Article 23 paragraph (1) must have UKL-UPL. (2) Governors or regents/mayors shall stipulate types of businesses and/or activities must be accompanied by UKL-UPL Article 35 (1) Businesses and/or activities not obliged to have UKL-UPL as referred to in Article 34 paragraph (2) must prepare statement of readiness to manage and monitor the environment. (2) The types of businesses and/or activities as referred to in paragraph (1) shall be stipulated on the basis of criteria: a. excluding from the category having substantial impact as referred to in Article 23 paragraph (1); and b. micro- and small-scale business activities. (3) Further provision on UKL-UPL and statement of readiness to manage and monitor environment shall be regulated by a Regulation of the Minister. Paragraph 7 Licensing Article 36 (1) Every business and/or activity obliged to have Amdal or UKL-UPL must have environmental permit. (2) The environmental permit as referred to in paragraph (1) shall be issued on the basis of decision on environmental feasibility as referred to in Article 31, or recommendation of UKL-UPL (3) The environmental permit as referred to in paragraph (1) must affix the requirements as contained in decision on environmental feasibility or recommendation of UKL-UPL (4) The environmental permit shall be issued by the Ministry, governors or regents/mayors in accordance with their respective authorities. Article 37 (1) The Ministry, governors or regents/mayors in accordance with their respective authorities must reject application for environmental permit in the case of the application being not accompanied by Amdal or UKL-UPL (2) The environmental permit as referred to in Article 36 paragraph (4) may be nullified in the event that: a. the requirements submitted in the application for environmental permit contain legal invalidity, mistake, misuse, as well as untruth and/or falsified data, documents and/or information; b. the issuance fails to abide by the requirements mentioned in the decision of the commission on environmental feasibility or recommendation of UKL-UPL; or c. the obligations stipulated on document of Amdal or UKL-UPL are not executed by the personnel in charge of businesses and/or activities. Article 38 Other than the provision as referred to in Article 37 paragraph (2), the environmental permit may be nullified 15 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata through a decision of the state administration cour.t Article 39 (1) The Ministry, governors or regents/mayors in accordance with their respective authorities must announce every application and decision on environmental permit. (2) The announcement as referred to in paragraph (1) shall be done by a method that the public could understand easily. Article 40 (1) The environmental permit shall constitute a requirement for securing business and/or activity permit. (2) In the case of environmental permit being revoked, the business and/or activity permit shall be nullified. (3) In the case of any change in business and/or activity, personnel in charge of the business and/or activity must renew environmental permit Article 41 Further provision on the permit as referred to in Article 36 up to Article 40 shall be regulated in a regulation of the government. Paragraph 8 Environmental Economic Instrument Article 42 (1) In order to preserve the environmental function, the government and regional government must develop Environmental Economic Instrument. (2) The Environmental Economic Instrument as referred to in paragraph (1) shall include: a. planning of economic development and activities; b. environmental funding; and c. incentives and/or disincentives. Article 43 (1) The instrument of planning of economic development and activities as referred to in Article 42 paragraph (2) letter a shall include: a. balance of natural resources and environment; b. formulation of gross domestic product and regional gross domestic product covering the depreciation of natural resources and environmental damage; c. mechanism of environmental compensation/exchange between regions; and d. internalization of environmental costs. (2) The instrument of the environmental funding as referred to in Article 42 paragraph (2) letter b shall include: 16 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata a. guarantee funds of environmental restoration; b. funds of pollution and/or damage mitigation and environmental restoration; and c. conservation trust funds/aids. (3) The incentives and/or disincentives as referred to in Article 42 paragraph (2) letter c shall be among other applied in the form of: a. procurement of goods and services that are environmentally friendly;; b. application of environmental tax, levy and subsidy; c. development of an environmentally friendly system of financial institutions and capital markets; d. development of trading system of waste and/or emission disposal permit; e. development of environmental service payment system; f. development of environmental insurance; g. development of environmentally friendly labeling system; and h. system of performance appreciation in the field of environmental protection and management (4) Further provision on the Environmental Economic Instrument as referred to in Article 42 and Article 43 paragraph (1) to paragraph (3) shall be regulated in a Regulation of the Government. Paragraph 9 Environment-based Laws Article 44 The formulation of every regulation in the national and regional levels must observe the protection of environmental functions and principles of environmental protection and management in accordance with the provisions governed in this law. Paragraph 10 Environment-based Budget Article 45 (1) The government and the House of Representatives of the Republic of Indonesia as well as regional government and Regional House of Representatives must allocate adequate budget to finance: a. activities of environmental protection and management; and b. environmentally-sound development programs. (2) The government must allocate a budget of special environment allocation adequately to regions showing good environmental-protection and management performance. Article 46 Other than the provision as referred to in Article 45, in order to restore the quality of the already polluted and/or damaged environment when this law is stipulated, the government and regional government must allocate a budget to environmental restoration. 17 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Paragraph 11 Environmental Risk Analysis Article 47 (1) Every business and/or activity which have the potential to bring about substantial impact Into the environment; threat against ecosystem and life and/or human health and safety must undergo environmental risk analysis. (2) The environmental risk analysis as referred to in paragraph (1) shall include: a. risk assessment; b. risk management; and/or c. risk communication. (3) Further provision on the environmental risk analysis shall be regulated in a Regulation of the Government. Paragraph 12 Environmental Audit Article 48 The government shall encourage personnel in charge of businesses and/or activities to undertake environmental audit in order to enhance environmental performance. Article 49 (1) The Ministry shall require environmental audit for: a. certain businesses and/or activities which have a high risk to the environment; and/or b. personnel in charge of businesses and/or activities showing disobedience to laws and regulations. (2) Personnel in charge of businesses and/or activities must implement environmental audit (3) The environmental audit of the certain highly risky activities shall be executed periodically. Article 50 (1) In the case of personnel in charge of businesses and/or activities do not conduct the obligations as referred to in Article 49 paragraph (1), the Ministry may implement or assign the independent third party to undertake environmental audit at expense of the said personnel in charge of the businesses and/or activities. (2) The Ministry shall announce the result of environmental audit Article 51 (1) The environmental audit as referred to in Article 48 and Article 49 shall be executed by environmental auditor. (2) The environmental auditor as referred to in paragraph (1) must have certificate of environmental auditor competence. 18 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata (3) Criteria for securing the environmental auditor competence certificate as referred to in paragraph (2) shall include capability of: a. understanding principles, methodology and mechanism of environmental audit; b. executing environmental audit; which covers planning, implementation, concluding and reporting; and c. formulating recommendation about improvement measures as a follow up to the environmental audit. (4) The environmental auditor competence certificate as referred to in paragraph (2) shall be issued by the environment auditor certification institute in accordance with the provisions of laws and regulation. Article 52 Further provision on the environmental audit as referred to in Article 48 to Article 51 shall be governed by a Regulation of the Minister. Division Three Mitigation Article 53 (1) Every person polluting and/or damaging the environment must mitigate the environmental pollution and/or damage. (2) The environmental pollution and/or damage as referred to in paragraph (1) shall be mitigated by: a. providing information about the warning of environmental pollution and/or damage for public; b. isolating environmental pollution and/or damage; c. discontinuing source of environmental pollution and/or damage; and/or d. other methods in accordance with the development of science and technology. (3) Further provision on procedures for mitigating the environmental pollution and/or damage as referred to in paragraph (1) shall be regulated in a Regulation of the Government. Division Four Restoration Article 54 (1) Every person polluting and/or damaging the environment must restore the environmental function. (2) The environmental function as referred to in paragraph (1) shall be restored by phases of: a. discontinuation of source of pollution and cleaning of pollutant; b. remedy; c. rehabilitation; d. restoration; and/or e. other methods in accordance with the development of science and technology. (3) Further provision on procedures for the restoration of the environmental function as referred to in 19 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata paragraph (2) shall be regulated in a Regulation of the Government. Article 55 (1) Holders of the environmental permit as referred to in Article 36 paragraph (1) must provide guarantee funds for the restoration of the environmental function. (2) The guarantee funds shall be saved at state banks appointed by the Ministry, governors or regents/mayors in accordance with their respective authorities. (3) The Ministry, governors or regents/mayors in accordance with their respective authorities may stipulate the third party to restore the environmental function by using guarantee funds. (4) Further provision on the guarantee funds as referred to in paragraph (1) up to paragraph (3) shall be regulated in a Regulation of the Government. Article 56 Further provision on control over the environmental pollution and/or damage as referred to in Article 13 to Article 55 shall be regulated in a Regulation of the Government. CHAPTER VI PRESERVATION Article 57 (1) Environmental preservation shall be conducted through the efforts of: a. conservation of natural resources; b. reservation of natural resources; and/or c. conservation of atmosphere function. (2) The conservation of natural resources as referred to in paragraph (1) letter a shall include the activities of: a. protection of natural resources; b. preservation of natural resources; and c. sustainable use of natural resources. (3) The reserved natural resources as referred to in paragraph (1) letter b shall be natural resources that cannot be managed in a specified period, (4) The conservation of atmosphere function as referred to in paragraph (1) letter c shall include: a. mitigation and adaptation to climate change; b. protection of ozone layer; and c. protection against acid rain. (5) Further provision on conservation and reservation of natural resources as well as conservation of the atmosphere as referred to in paragraph (l) shall be regulated by a Regulation of the Government. CHAPTER VII MANAGEMENT OF HAZARDOUS AND TOXIC MATERIALS AS WELL AS WASTE OF HAZARDOUS 20 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata AND TOXIC MATERIALS Division One Management of Hazardous and Toxic Materials Article 58 (1) Every person importing into the territory of the Unitary State of the Republic of Indonesia, producing, carrying, distributing, storing, utilizing, disposing, processing and/or piling B3 must manage the said B3. (2) Further provision on the management of B3 as referred to in paragraph (1) shall be regulated in a Regulation of the Government. Division Two Management of Waste of Hazardous and Toxic Materials Article 59 (1) Every person producing B3 waste must manage the produced B3 waste, (2) In the case of B3 as referred to in Article 58 paragraph (1) has expired, its management shall bide by the provision on the management of B3 waste. (3) In the case of the party being unable to manage the B3 waste directly, its management may be entrusted to the other party. (4) Management of B3 waste must secure license from the Ministry, governors or regents/mayors in accordance with their respective authorities. (5) The Ministry, governors or regents/mayors in accordance with their respective authorities shall attach environmental requirements that shall be fulfilled and obligations that shall be obeyed by managers of B3 waste in their license. (6) The licensing decision must be announced. (7) Further provision on the management of B3 waste shall be regulated in a Regulation of the Government. Division Three Dumping Article 60 Every person shall be prohibited from dumping waste and/or materials into environmental media without permit. Article 61 (1) The dumping as referred to in Article 60 may only be executed by license from the Ministry, governors or regents/mayors in accordance with their respective authorities. (2) The dumping as referred to in paragraph (1) may only be conducted in the stipulated locations. 21 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata (3) Further provision on procedures and requirements for the dumping of waste or materials shall be regulated in a Regulation of the Government. CHAPTER VIII INFORMATION SYSTEM Article 62 (1) The government and regional government shall develop environmental information system to support the implementation and development of environmental protection and management policies. (2) The environmental information system shall be prepared in an integrated and coordinative manner and shall be published to public. (3) The environmental information system shall contain information about the environmental status, map of environmental vulnerability and other environmental information. (4) Further provision on the environmental Information system shall be regulated by a Regulation of the Minister. CHAPTER IX TASK AND AUTHORITY OF THE GOVERNMENT AND REGIONAL GOVERNMENT Article 63 (1) In protecting and managing the environment, the Government shall have the duties and authorized to: a. stipulate national policies; b. stipulate norms, standards, procedures and criteria; c. stipulate and implement national RPPLH policies; d. stipulate and implement KLHS policies; e. stipulate and implement Amdal and UKL-UPL policies; f. implement national natural resources inventory and green house gas emission; g. develop cooperation standards; h. coordinate and implement control over environmental pollution and/or damage; i. stipulate and implement policies on biological and non-biological natural resources, biological diversity, genetic resources and biological safety of genetically engineered products; j. stipulate and implement policies on control over impacts of climate change and protection of ozone layer; k. stipulate and implement policies on B3, waste, as well as B3 waste; l. stipulate and implement policies on maritime environment protection policies; m. stipulate and implement policies protection and/or damage of inter-state border environment; n. foster and supervise the implementation of national policies, regional regulations and regulations of heads of regions; o. foster and supervise compliance of personnel in charge of businesses and/or activities to the provisions of environmental licensing and laws and regulations; 22 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata p. develop and stipulate environmental instruments; q. coordinate and facilitate cooperation and settlement of inter-regional disputes as well as settlement of disputes; r. develop and implement policies on the management of public complaints; s. stipulate minimum service standards; t. stipulate policies on procedures for recognizing the existence of traditional public, local wisdom, and rights of traditional public with respects to environmental protection and management; u. manage national environmental information; v. coordinate, develop and socialize the utilization of environmentally sound technology; w. provide education, training, fostering and appreciation; x. develop facilities and standards of environmental laboratory; y. issue environmental license; z. stipulate ecoregion area; and aa. enforce environmental law. (2) In protecting and managing the environment, provincial government shall be responsible and authorized to: a. stipulate provincial policies; b. stipulate and implement provincial KLHS; c. stipulate and implement provincial RPPLH policies; d. stipulate and implement Amdal and UKL-UPL policies; e. natural resources inventory and green house gas emission in the provincial level; f. develop and implement cooperation and partnership; g. coordinate and implement control over inter-regency/city environmental pollution and/or damage; h. foster and supervise the implementation of regional policies, regulations and regulations of heads of regency/municipal governments; i. foster and supervise compliance of personnel in charge of businesses and/or activities to the provisions of environmental licensing and laws and regulations; j. develop and stipulate environmental instruments; k. coordinate and facilitate cooperation and settlement of inter-regency/city disputes as well as settlement of disputes; l. foster, provide technical assistance and supervise regencies/cities in the field of programs and activities; m. implement minimum service standards; n. stipulate policies on procedures for recognizing the existence of traditional public, local wisdom, and rights of traditional public with respects to environmental protection and management in the provincial level; o. manage environmental information in the provincial level; p. develop and socialize the utilization of environmentally sound technology; q. provide education, training, fostering and appreciation; r. issue environmental license in the provincial level; and 23 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata s. enforce environmental law in the provincial level. (3) In protecting and managing the environment, regency/municipal government shall be assigned and authorized to: a. stipulate regency/municipal policies; b. stipulate and implement regency/municipal KLHS; c. stipulate and implement regency/municipal RPPLH policies; d. stipulate and implement Amdal and UKL-UPL policies; e. inventory natural resources and green house gas emission in the regency/municipal level; f. develop and implement cooperation and partnership; g. develop and apply environmental instruments; h. facilitate the settlement of disputes; i. foster and supervise compliance of personnel in charge of businesses and/or activities to the provisions of environmental licensing and laws; j. implement minimum service standards; k. implement policies on procedures for recognizing the existence of traditional public, local wisdom, and rights of traditional public with respects to environmental protection and management In the regency/municipal level; l. manage environmental information in the regency/municipal level; m. develop and socialize the utilization of environmentally sound technology; n. provide education, training, fostering and appreciation; o. issue environmental license in the regency/municipal level; and p. enforce environmental law in the regency/municipal level. Article 64 The duties and authority of Government as referred to in Article 63 paragraph (1) shall be conducted and/or coordinated by the Ministry. CHAPTER X RIGHTS, OBLIGATION AND PROHIBITION Division One Rights Article 65 (1) Every person shall be entitled to proper and healthy environment as part of human rights. (2) Every person shall be entitled to environmental education, information access, participation access and justice access in fulfilling the right to proper and healthy environment (3) Every person shall reserve a right to submit recommendation and/or objection against businesses and/or activities predicted to affect the environment (4) Every person shall reserve a right to participate in the environmental protection and management in 24 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata accordance with the laws and regulations.. (5) Every person shall reserve a right to report the alleged consequences of environmental pollution and/or damage. (6) Further provision on procedures for the reporting as referred to in paragraph (5) shall be governed by a regulation of the Minister. Article 66 Every person struggling for a right to proper and healthy environment may not be charged with criminal or civil offense. Division Two Obligation Article 67 Every person must preserve the environmental functions as well as control environmental pollution and/or damage. Article 68 Every person undertaking business and/or activity must: a. provide information related to environmental protection and management truthfully, transparently and punctually; b. preserve the sustainability of environmental functions; and c. abide by the provision on the quality standard of environment and/or standard criteria for environmental damage. Division Three Prohibition Article 69 (1) Every person shall be prohibited from: a. committing action that causes environmental pollution and/or damage; b. importing B3 which is forbidden according to laws into the territory of the Unitary State of the Republic of Indonesia; c. importing waste from outside the territory of the Unitary State of the Republic of Indonesia into environmental media of the Unitary State of the Republic of Indonesia; d. importing B3 waste into the territory of the Unitary State of the Republic of Indonesia; e. dumping waste into environmental media; f. dumping B3 and B3 waste into environmental media; g. releasing genetically engineered products into environmental media that contravene with the environmental laws or license; 25 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata h. opening land by means of burning; i. formulate Amdal without having competence certificate of Amdal organizer; and/or j. provide fake, misleading information, eliminate information, destroy information or provide untrue information. (2) The provision as referred to in paragraph (1) letter h shall earnestly take into account the local wisdom in the respective countries. CHAPTER XI PUBLIC PARTICIPATION Article 70 (1) Public shall have the equal and broad rights and opportunity to participate actively in environmental protection and management. (2) Public participation may be in the form of: a. social control; b. suggestion, opinion, recommendation, objection, complaint; and/or c. information and/or report, (3) Public participation shall aim at: a. generating awareness in environmental protection and management b. enhancing independence, capability of public and partnership; c. develop capability and pioneer of public; d. develop emergency response of public to social control; and e. develop and preserve local culture and wisdom in the conservation of environmental functions. CHAPTER XII SUPERVISION AND ADMINISTRATIVE SANCTION Division One Supervision Article 71 (1) The Ministry, governors or regents/mayors in accordance with their respective authorities shall supervise the compliance of personnel in charge of businesses and/or activities to the provisions stipulated in laws on environmental protection and management. (2) The Ministry, governors or regents/mayors may delegate the authority to conduct the supervision to technical functionaries/institutions in charge of environmental protection and management affairs. (3) In executing the supervision, the Ministry, governors or regents/mayors shall stipulate environmental supervisor officials who are functional officials. 26 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Article 72 The Ministry, governors or regents/mayors in accordance with their respective authorities must supervise the compliance of personnel in charge of businesses and/or activities to environmental permit. Article 73 The Ministry may supervise the compliance of personnel in charge of businesses and/or activities having environmental permit issued by regional government if the government deems a serious violation in the field of environmental protection and management. Article 74 (1) The environmental supervisor officials as referred to in Article 71 paragraph (3) shall be authorized to: a. conduct monitoring; b. ask for information; c. make copies of documents and/or necessary notes; d. enter certain places; e. take photograph; f. make audio-visual records; g. take samples; h. check equipment; i. inspect installations and/or transportation facilities; and/or j. terminate certain violations. (2) In executing their tasks, the environmental supervisor officials may coordinate with civil servant investigators. (3) Personnel in charge of businesses and/or activities shall be prohibited from preventing the execution of tasks of the environmental supervisor officials. Article 75 Further provision on procedures for appointing the environmental supervisor officials as well as procedure for the implementation of supervision as referred to in Article 71 paragraph (3), Article 73, and Article 74 shall be governed in a Regulation of the Government. Division Two Administrative Sanctions Article 76 (1) The Ministry, governors or regents/mayor shall impose administrative sanctions on personnel in charge of businesses and/or activities in the case of environmental permit being violated. (2) The administrative sanctions shall consist of: a. written warning; b. government coerciveness; 27 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata c. environmental permit suspension; or d. revocation of environmental permit. Article 77 The Ministry may apply administrative sanctions on personnel in charge of businesses and/or activities if the government deems that the regional government intentionally does not apply administrative sanctions on a serious violation in the field of environmental protection and management. Article 78 The administrative sanctions as referred to in Article 76 shall not free the personnel in charge of businesses and/or activities from restoration responsibility and penalty. Article 79 The administrative sanction in the form of the suspension or revocation of environmental permit as referred to in Article 76 paragraph (2) letter c and letter d shall be imposed if the personnel in charge of businesses and/or activities does not implement the government's coerciveness. Article 80 (1) The government’s coerciveness as referred to in Article 76 paragraph (2) letter b shall be in the form of: a. temporary suspension of production activities; b. removal of production facilities; c. closure of waste-water or emission disposal tunnel; d. dismantling; e. confiscation of goods or equipment which have the potential to cause violations; f. temporary suspension of the whole activities; or g. other actions intended to stop the violations and restoration measures of environmental functions. (2) The government's coerciveness may be imposed without prior warning in the case of the committed violation causing: a. extremely serious threat to humans and the environment; b. greater and broader impact if the pollution and/or damage is not immediately stopped; and/or c. greater loss on the environment if the pollution and/or damage is not stopped immediately. Article 81 Every personnel in charge of businesses and/or activities not implementing the government's coerciveness shall be liable to fine against the lateness in implementing coercive sanction imposed by the government. Article 82 (1) The Ministry, governors or regents/mayors shall be authorized to force personnel in charge of businesses and/or activities to restore the environment attributed to environmental pollution and/or 28 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata damage committed by the relevant personnel in charge of businesses and/or activities. (2) The Ministry, governors or regents/mayors shall be authorized to appoint or may appoint the third party to restore the environment attributed to environmental pollution and/or damage committed by personnel in charge of businesses and/or activities at the expense of the said personnel in charge of businesses and/or activities. Article 83 Further provision on administrative sanctions shall be regulated in a Regulation of the Government. CHAPTER XIII SETTLEMENT OF ENVIRONMENTAL DISPUTE Division One General Article 84 (1) Settlement of environmental dispute may be taken through the court or outside the court. (2) The mechanism of settlement of environmental dispute shall be conducted voluntarily by the parties in dispute. (3) Lawsuit through the court may only be conducted if the settlement outside the court of dispute is de- clared unsuccessful by any of or the parties in dispute. Division Two Environmental Dispute Settlement Outside the Court Article 85 (1) Settlement outside the court of environmental dispute shall be executed to achieve an agreement on: a. form and amount of compensation; b. restoration measures of the pollution and/or damage; c. certain measures to assure that the pollution and/or damage won't repeat; and/ or d. preventive measures of negative impact on the environment. (2) Settlement outside the court shall not apply to the environmental crime as governed in this law. (3) In resolving environmental disputes outside the court, the services of mediators and/or arbitrators may be used to help resolve the environmental disputes. Article 86 (1) Public may establish independent and impartial institutes providing service for the settlement of environmental dispute. (2) The government and regional government may facilitate the establishment of the independent and impartial institutes providing service for the settlement of environment dispute. 29 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata (3) Further provision the institute providing service for the settlement of environmental dispute shall be governed by a regulation of the government. Division Three Settlement of Environmental Dispute through Court Paragraph 1 Compensation for Loss and Environmental Restoration Article 87 (1) Every personnel in charge of businesses and/or activities committing legal violation in the form of environmental pollution and/or damage which incurs losses on other people or the environment must pay compensation for the losses and/or take certain measures. (2) Every person transferring, changing the nature and form of business, and/or activity of a business entity violating the law shall not be freed from the legal responsibility and/or obligation of the relevant business entity. (3) The court may The court can determine the payment of coercive money for each day of delay in the execution of court decisions. (4) The amount of coercive money shall be decided in accordance with the prevailing laws. Paragraph 2 Strict Liability Article 88 Every person whose action, business and/or activity using B3, producing and/or managing B3 waste and/or causing serious threat to the environment shall be absolutely responsible for the incurred losses without the need to prove the said mistake. Paragraph 3 Expiration of Lawsuit Submission Article 89 (1) The expiration of lawsuit submission to the court shall follow the deadline as governed in the provisions of Civil Code and be counted as from the moment when the environmental pollution and/or damage is ascertained. (2) The provision on the expiration shall not apply to environmental pollution and/or damage attributed to businesses and/or activities using and/or managing B3 as well as producing B3 waste. Paragraph 4 Litigating Rights of Government and Regional Government 30 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Article 90 (1) Institutions of the government and regional government in charge of environmental affairs shall be authorized to file litigation for compensation and certain measures against businesses and/or activities causing environmental pollution and/or damage which resulted in environmental loss. (2) Further provision on the environmental loss as referred to in paragraph (1) shall be regulated by a Regulation of the Minister. Paragraph 5 Litigating Rights of Public Article 91 (1) The public has the right to file a group representative's claim for their own interests and/or for the benefit of the public if they suffer losses due to the pollution and/or environmental damage. (2) A lawsuit may be filed if there are similar facts or events, legal grounds, and types of demands between the group representatives and group members. (3) Further provision on class action shall be implemented in accordance with the laws and regulations. Paragraph 6 Litigating Right of Environmental Organization Article 92 (1) In order to implement the responsibility for environmental protection and management, environmental organizations shall reserve a right to file lawsuit for the sake of preserving environmental functions. (2) The right to file lawsuit shall be limited to the implementation of certain measures without demand for compensation, except the real cost or expenditure. (3) Environmental organizations may file lawsuit if the following requirements are fulfilled: a. in the form of legal entity; b. affirms in its articles of association that the organization is established for the purpose of preserving environmental functions; and c. has carried out real activities in accordance with its articles of association for at least 2 (two) years. Paragraph 7 Administrative Lawsuit Article 93 (1) Every person may file lawsuit against state-administration decision in the event that: a. state administration agencies or officials issue environmental permit to businesses and/or activities obliged to undergo Amdal but not accompanied by Amdal documents; b. state administration agencies or officials issue environmental permit to activities obliged to undergo UKL-UPL but not accompanied by UKL-UPL documents; and/or 31 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata c. state administration agencies or officials issue business and/or activity permit not accompanied by environmental permit. (2) Procedures for filing the lawsuit against the state administration decision shall refer to the State Administration Code. CHAPTER XIV INVESTIGATION AND VERIFICATION Division One Investigation Article 94 (1) Besides investigators of the Police of the Republic of Indonesia, certain civil servant investigators within the government institution in charge of the environmental protection and management affairs shall be authorized to act as the investigators as referred to in the Criminal Code to investigative environmental crime. (2) Civil servant investigators shall be authorized to: a. examine the truth of reports or information related to crime in the field of environmental protection and management; b. interrogate every person allegedly committing crime in the field of environmental protection and management; c. ask for information and evidence from every person with respects to incident of crime in the field of environmental protection and management; d. conduct examination of bookkeeping, records and other documents relating to criminal acts in the field of environmental protection and management; e. conduct an inspection in a certain place that is suspected to have evidence, books, records and other documents; f. seize materials and goods resulting from the violation, which may be used as evidence in criminal case in the field of environmental protection and management; g. seek assistance from specialists in the framework of executing task of investigation into crime in the field of environmental protection and management; h. discontinue investigation; i. enter certain places, take photograph and/or make audio visual records; j. conduct searches of bodies, clothing, rooms and/or other places suspected of being the place where criminal acts were committed; and/or k. arrest and detain perpetrators of crime. (3) In executing the arresting and detaining as referred to in paragraph (2) letter k, civil servant investigators shall cooperate with investigators of the Police of the Republic of Indonesia. (4) In the event that civil servant investigator officials conduct investigations, civil servant investigator officials shall notify police investigator officials of the Republic of Indonesia police investigator officials of the Republic of Indonesia to provide assistance for the smooth investigation. (5) Civil servant investigators shall notify the commencement of investigation to public prosecutors with a copy made available to investigators of the Police of the Republic of Indonesia. 32 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata (6) Results of investigation already completed by civil servant investigators shall be submitted to public prosecutors. Article 95 (1) In the context of law enforcement against perpetrators of environmental crime, integrated law enforcement may be carried out between civil servants, police, and prosecutors under the coordination of the Minister. (2) Further provision on the integrated law enforcement shall be regulated by the laws and regulations. Division Two Verification Article 96 Legitimate evidences in lawsuit against environmental crime shall consist of: a. testimonies from witnesses; b. testimonies from specialists; c. letters; d. directives; e. information from defendant; and/or f. other evidences, including evidences regulated in laws and regulations. CHAPTER XV PENAL PROVISION Article 97 Criminal acts in this law shall constitute crimes. Article 98 (1) Every person who deliberately commits an act which results in exceeding ambient air quality standards, water quality standards, sea water quality standards, or standard criteria for environmental damage, shall be sentenced to a minimum of 3 (three) years imprisonment and a maximum of 10 (ten) years and a fine of at least Rp. 3,000,000,000.00 (three billion rupiah) and a maximum of Rp. 10,000,000,000.00 (ten billion rupiah). (2) In the case of the action as referred to in paragraph (1) result in injuring people and/or endangering human health, the said person shall be subject to Imprisonment for 4 (four) years at the minimum and 12 (twelve) years at the maximum and a fine amounting to Rp4,000,000,000 (four billion rupiah) at the minimum and Rp12,000,000,000 (twelve billion rupiah) at the maximum. (3) In the case of the action as referred to in paragraph (1) result in serious injury or death to people, the said person shall be subject to imprisonment for 5 (five) years at the minimum and 15 (fifteen) years at the maximum and a fine amounting to Rp5,000,000,000 (five billion rupiah) at the minimum and Rp15,000,000,000 (fifteen billion rupiah) at the maximum. 33 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Article 99 (1) Everyone who due to their negligence results in exceeding ambient air quality standards, water quality standards, sea water quality standards, or standard criteria for environmental damage, shall be punished with a minimum of 1 (one) year imprisonment and a maximum of 3 (three) years and the most fine a minimum of Rp1,000,000,000.00 (one billion rupiah) and a maximum of Rp.3,000,000,000.00 (three billion rupiah). (2) In the case of the action as referred to in paragraph (1) result in injuring people and/or endangering human health, the said person shall be subject to imprisonment for 2 (two) years at the minimum and 6 (six) years at the maximum and a fine amounting to Rp2,000,000,000 (two billion rupiah) at the minimum and Rp6,000,000,000 (six billion rupiah) at the maximum. (3) In the case of the action as referred to in paragraph (1) result in serious injury or death to people, the said person shall be subject to imprisonment for 3 (three) years at the minimum and 9 (nine) years at the maximum and a fine amounting to Rp3,000,000,000 (three billion rupiah) at the minimum and Rp9,000,000,000 (nine billion rupiah) at the maximum. Article 100 (1) Every person who violates the quality standards of wastewater, emission quality standards, or quality standards for violations shall be punished, with a maximum imprisonment of 3 (three) years and a maximum fine of Rp. 3,000,000,000.00 (three billion rupiah). (2) The penalty as referred to in paragraph (1) may only be imposed if the imposed administrative sanction is not obeyed or violation is committed more than once. Article 101 Every person releasing and/or distributing genetically engineered products to environmental media that contravenes laws and regulations or environmental permit as referred to in Article 69 paragraph (1) letter g, shall be subject to imprisonment for 1 (one) year at the minimum and 3 (three) years at the maximum and a fine amounting to Rp1,000,000,000 (one billion rupiah) at the minimum and Rp3,000,000,000 (three billion) at the maximum. Article 102 Every person who manages B3 waste without permission as referred to in Article 59 paragraph (4), shall be sentenced to a minimum of 1 (one) year imprisonment and a maximum of 3 (three) years and a fine of at least Rp1,000,000,000.00 (one billion rupiah) and a maximum of Rp. 3,000,000,000.00 (three billion rupiah). Article 103 Every person producing B3 waste and not conducting the treatment as referred to in Article 59, shall be subject to imprisonment for one year at the minimum and 3 (three) years at the maximum and a fine amounting to Rp1,000,000,000 (one billion rupiah) at the minimum and Rp3,000,000,000 (three billion) at the maximum. Article 104 Every person who conducts a dumping of waste and/or materials into environmental media with the permit as referred to in Article 60, shall be subject to imprisonment for 3 (three) years at the maximum and a fine amounting to Rp3,000,000,000 (three billion) at the maximum. 34 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Article 105 Every person who imports waste into the territory of the Republic of Indonesia as referred to in Article 69 paragraph (1) letter c shall be subject to imprisonment for 4 (four) years at the minimum and 12 (twelve) years at the maximum and a fine amounting to Rp4,000,000,000 (four billion rupiah) at the minimum and Rp12,000,000,000 (twelve billion rupiah) at the maximum. Article 106 Every person who imports B3 waste into the territory of the Republic of Indonesia as referred to in Article 69 paragraph (1) letter d, shall be subject to imprisonment for 5 (five) years at the minimum and 15 (fifteen) years at the maximum and a fine amounting to Rp5,000,000,000 (five billion rupiah) at the minimum and Rp15,000,000,000 (fifteen billion rupiah) at the maximum. Article 107 Every person who imports B3 which are forbidden by laws and regulations into the territory of the Republic of Indonesia as referred to in Article 69 paragraph (1) letter b, shall be subject to imprisonment for 5 (five) years at the minimum and 15 (fifteen) years at the maximum and a fine amounting to Rp5,000,000,000 (five billion rupiah) at the minimum and Rp15,000,000,000 (fifteen billion rupiah) at the maximum. Article 108 Every person who commits the land burning as referred to in Article 69 paragraph (1) letter h, shall be subject to imprisonment for 3 (three) years at the minimum and 10 (ten) years at the maximum and a fine amounting to Rp3,000,000,000 (three billion rupiah) at the minimum and Rp10,000,000,000 (ten billion rupiah) at the maximum. Article 109 Every person who runs a business and/or activity without the environmental permit as referred to in Article 36 paragraph (1), shall be subject to imprisonment for one year at the minimum and 3 (three) years at the maximum and a fine amounting to Rp1,000,000,000 (one billion rupiah) at the minimum and Rp3,000,000,000 (three billion) at the maximum. Article 110 Every person who formulates Amdal without having the certificate of competence of Amdal organizer as referred to in Article 69 paragraph (1) letter i, shall be subject to imprisonment for 3 (three) years at the maximum and a fine amounting to Rp3,000,000,000 (three billion) at the maximum. Article 111 (1) Environmental permit issuance officers that issue environmental permit without Amdal or UKL-UPL as referred to in Article 37 paragraph (1) shall be subject to imprisonment for 3 (three) years at the maximum and a fine amounting to Rp3,000,000,000 (three billion) at the maximum. (2) Business and/or activity licensing official who issues a business and/or activity permit without the environmental permit as referred to in Article 40 paragraph (1) shall be subject to imprisonment for 3 (three) years at the maximum and a fine amounting to Rp3,000,000,000 (three billion) at the maximum. Article 112 35 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Any authorized officer who intentionally does not supervise the compliance of the personnel in charge of the business and/or activity to the laws and environmental permits as referred to in Article 71 and Article 72, which results in environmental pollution and/or damage resulting in loss of human life shall be sentenced to a maximum imprisonment of 1 (one) year or a maximum fine of Rp. 500,000,000.00 (five hundred million rupiah) Article 113 Every person who provides false information, misleads, removes information, destroys information, or provides incorrect information needed in relation to supervision and law enforcement relating to environmental protection and management as referred to in Article 69 paragraph (1) letter j shall be punished with a maximum imprisonment of 1 (one) year and a maximum fine of Rp1,000,000,000.00 (one billion rupiah). Article 114 Personnel in charge of businesses and/or activities not implementing the government's coerciveness shall be subject to imprisonment for one year at the maximum and a fine amounting to Rp1,000,000,000 (one billion rupiah) at the maximum. Article 115 Every person who deliberately prevents, obstructs, or fails the execution of the duties of an environmental supervisor and/or civil servant investigator shall bepunished with a maximum imprisonment of 1 (one) year and a maximum fine of Rp. 500,000,000.00 (five hundred million rupiah). Article 116 (1) If an environmental crime is committed by, for, or on behalf of a business entity, criminal prosecution and criminal sanctions shall be imposed on: a. the said business entity; and/or b. the person who gives the order to commit the crime or the person who acts as the leader of the activity in the crime. (2) If the environmental crime as referred to in paragraph (1) is carried out by a person, based on a work relationship or based on another relationship acting within the work scope of a business entity, criminal sanctions shall be imposed on the giver of the order or the leader in the crime without regard to the crime committed alone or together. Article 117 If a criminal claim is filed with an order giver or head of a criminal act as referred to in Article 116 paragraph (1) letter b, the criminal threat imposed shall be in the form of imprisonment and a fine will be increased by one third. Article 118 With regards to the crime as referred to in Article 116 paragraph (1) letter a, penalty shall be imposed on business entities represented by executives authorized to represent the business entities inside and outside the court in accordance with the laws and regulations. as functional executives. 36 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Article 119 Besides the penalty as referred to in this law, the business entities shall be liable to additional penalty or disciplinary measures in the form of: a. seizure of profits earned from the crime; b. closure of business and/or activity place wholly or partly; c. improvement of impacts of the crime; d. requirement for working what is neglected without right; and/or e. placement of companies under custody for 3 (three) years at the maximum. Article 120 (1) In executing the provision as referred to in Article 119 letter a, letter b, letter c, and letter d, prosecutors shall coordinate with institution in charge of environmental protection and management affairs to implement execution. (2) In executing the provision as referred to in Article 119 letter e, the government shall be authorized to manage business entities subject to sanction of placement under custody to implement the legally fixed court verdict. CHAPTER XVI TRANSITIONAL PROVISION Article 121 (1) In no later than 2 (two) years upon the effective enforcement of this Law, every business and/or activity already having business and/or activity permit but not yet having Amdal document must complete environmental audit (2) In no later than 2 (two) years upon the effective enforcement of this Law, every business and/or activity already having business and/or activity permit but not yet having UKL-UPL must make environmental management document Article 122 (1) In no later than one year upon the effective enforcement of this Law, every Amdal organizer must have certificate of competence of Amdal organizer. (2) In no later than one year upon the effective enforcement of this Law, every environmental auditor must have certificate of competence of environmental auditor. Article 123 All permits in the field of environmental management already issued by the Ministry, governors or regents/mayors in accordance with their respective authorities shall be integrated into environmental permit in no later than one year following the stipulation of this law. CHAPTER XVII CONCLUSION 37 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Article 124 Upon the effective enforcement of this Law, all laws and regulations that constitutes the implementing regulations of Law Number 23 On 1997 on Environmental Management (State Gazette of the Republic of Indonesia of 1997 Number 68, Supplement to State Gazette of the Republic of Indonesia Number 3699) shall be declared to remain effective in so far as they do not contravene or have not been replaced by the new ones on the basis of this law. Article 125 Upon the enforcement of this law, Law Number 23 of 1997 on Environmental Management (State Gazette of the Republic of Indonesia of 1997 Number 68, Supplement to State Gazette of the Republic of Indonesia Number 3699) is revoked and declared invalid. Article 126 The implementing regulations mandated in this law shall be stipulated in no later than one year as from the enforcement date of this Law, Article 127 This Law comes into force from the date of its promulgation. For public cognizance, it is hereby ordered that this Law be promulgated in the State Gazette of the Republic of Indonesia. Enacted in Jakarta, On October 3, 2009 THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Signed. DR. H. SUSILO BAMBANG YUDHOYONO Promulgated in Jakarta, On October 3, 2009 THE MINISTRY OF LAWS AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA, Signed. ANDIMATTALATTA STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2009 NUMBER 140 38 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata ELUCIDATION OF LAW OF THE REPUBLIC OF INDONESIA NUMBER 32 ON 2009 ON ENVIROMENTAL PROTECTION AND MANAGEMENT I. GENERAL 1. The 1945 Constitution of the Republic of Indonesia states that proper and healthy environment is a human right and constitutional right of every Indonesian citizen. Therefore the state, government and all stakeholders are obliged to protect and manage the environment in the implementation of sustainable development so that Indonesia's environment may continue to become a source and support of life for Indonesian citizens as well as other living creatures. 2. The Unitary State of the Republic of Indonesia is situated on a diagonal position between two continents and oceans with tropical climate and weather as well as season, resulting a highly valuable natural condition. In addition, Indonesia also has the second longest coastal line in the world with a huge population. Indonesia has wealth of biological diversity and abundant natural resources. The wealth needs to be protected and managed in an environmental protection and management system which is integral and integrated between sea, land and air environment on the basis of the Archipelago Concept. Indonesia is also situated on a position extremely vulnerable to impacts of climate change. The impacts include the decreasing food production, affected water supply, outbreak of pests and plant diseases as well as human diseases, rising sea surface, drowning isles, and extinction of biological diversity. The availability of natural resources is not equitable quantitatively and qualitatively while development activities need the rising natural resources. Development activities also contain risk of environmental pollution and damage. The condition may lower the capacity, support capability and productivity of the environment so as to become social burden. Therefore, Indonesia's environment must be protected and managed properly on the basis of the principles of state responsibility, sustainability, and justice. In addition, environmental management must be able to contribute economic, social and cultural benefits, which is executed on the basis of the principles of prudence, environmental democracy, decentralization, as well as recognition and appreciation of local and environmental wisdom. Environmental protection and management demands the development of an integrated system in form of a national environmental protection and management policy which must be executed in accordance with the principles and consequently as from the central to region. 3. The use of natural resources must be in line, harmonious and balanced with the environmental functions. As a consequence, development plans and/or programs must be inspired by the obligation to preserve the environment and realize goals of sustainable development This law requires the government and regional government to make a strategic environment assessment (KLHS) to ascertain that the principles of sustainable development have become a basis and been integrated into the development of a region and/or policies, plans and/or programs. In the other word, results of KLHS must be used as a basis for development policies, plans and/or programs of a region. In the case of results of KLHS certifying that the capacity and support capability have been surpassed, the development policies, plans and/or programs must be improved in accordance with recommendation of KLHS and ail businesses and/or activities already surpassing the capacity and support capability are not permitted anymore. 4. Science and technology have enhanced the quality of life and change human lifestyle. The use of chemical-based products has increased the production of waste of hazardous and toxic materials. It demands the development of a safe disposal system with minimum risk mi the 39 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata environment; health, and sustainability of humans and other creatures. Besides producing products beneficial to public, industrialization also causes impacts, such as the production of hazardous and toxic waste potential to threaten the environment, health and sustainability of humans and other living creatures if they are dumped into the environmental media. Realizing the aforementioned point, hazardous and toxic materials along with the relevant waste need to be protected and managed properly. The territory of the Unitary State of the Republic of Indonesia must be free from the disposal of waste of hazardous and toxic materials from outside Indonesia. Realizing the potential of negative impacts as consequences of development, early measures to control the impacts continues to be developed. Environmental impact analysis (Amdal) is any of the preemptive instruments of environmental management; which must be strengthened continuously through the enhancement of accountability in the formulation of Amdal by requiring the licensing for Amdal evaluators and applying certification to formulators of Amdal documents as well as clarifying legal sanction against violators in the field of Amdal. Amdal also becomes one of the main requirements for securing environmental permit, which must be owned before the business license is obtained. 5. Preemptive measures in the framework of controlling environmental impacts need to be executed by utilizing maximally supervisory and licensing instruments. In the case of environmental pollution and damage already occurring, it's necessary to take repressive measures in the form of enforcing law effectively, consequently and consistently for the occurring environmental pollution and damage. Therefore, it has been deemed necessary to develop a clear, firm and comprehensive environmental protection and management law system to assure legal certainty as a foundation for the protection and management of natural resources as well as other development activities. This law also empowers provisions of law, either administration law, civil law and criminal law. The provisions of civil law cover the settlement of environmental disputes outside and inside the court. The settlement of environmental disputes inside the court covers class actions, litigating right of environmental organizations or litigating right of the government The method is expected to not only bring about curative effects but also generate awareness of all stakeholders with regards to the urgency of environmental protection and management for the life of the present and future generations. 6. The enforcement of criminal law in this law introduces minimum penalty, besides the maximum one, expansion of evidences, offense against violation of quality standard, integration of criminal law enforcement and regulation of corporate crime. The enforcement of environmental criminal law continues to observe the principle of ultimum remedium requiring the application of crime law as the last lender resort after the application of administration law is deemed unsuccessful. The application of the ultimum remedium principle only applies to certain formal crime, namely offense against violation of the quality standard of waste water, emission and nuisance. 7. The fundamental difference between Law Number 23 of 1997 on Environmental Management and this law resides on the fortification contained in this law with regards to the principles of environmental protection and management based on good governance because the formulation and application of every instrument to prevent environmental pollution and/or damage and as well as mitigation and law enforcement require the integration of aspects of transparency, participation, accountability and justice. 8. In addition, this law also governs: a. totality of environmental management substances; b. clarity of central and regional authority; c. fortification of environmental controlling measures; 40 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata d. fortification of instruments preventing environmental pollutions and/or damage, covering instruments of strategic environmental assessment; quality standard of the environment, standard criteria for environmental damage, amdal, environmental management and monitoring programs, licensing, Environmental Economic Instrument, environment-based laws and regulations, environmental risk analysis, and other instruments in accordance with advancement of science and technology; e. empowerment of licensing as a controlling instrument; f. empowerment of ecosystem approach; g. certainty in responding and anticipating developments of global environment; h. fortification of environmental democracy through information access, participation access and justice access as well as fortification of rights of public in the protection and management of environment; i. enforcement of civil law, administration law and criminal law more dearly; j. more effective and responsive fortification of environmental protection and management institutions; and k. fortification of authority of environmental supervisor officials and civil servant environmental investigators. 9. This law authorizes extensively the Ministry to exercise the whole administration authority in the field of environmental protection and management as well as coordinate with other institutions. Through this law, the government also authorizes extensively regional government to implement environmental protection and management in their respective regions, which is not regulated in Law Number 23 of 1997 on Environmental Management. In relation thereto, the institution having work load on the basis of this law is not only sufficient one organization stipulating and coordinating the implementation of policies but an organization with portfolio stipulating, implementing, and supervising environmental protection and management policies is also needed. Apart from that; the institution is also expected to have a scope of authority to supervise natural resources in the interests of conservation. In order to assure that the basic tasks and functions of the institution can be executed, it needs adequate funding support from the state budget of revenue and expenditure for the government and adequate regional budget of revenue and expenditure for regional government. II. ARTICLE BY ARTICLE Article 1 Self-explanatory Article 2 Letter a The principle of state responsibility means: a. the state assures that the utilization of natural resources would contribute optimal benefits to the people's welfare and the living standard of the people, either the present generation or future generation. b. the state assures the right of citizens to a proper and healthy environment. c. the state prevents the utilization of natural resources that causes environmental pollution and/or damage. 41 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Letter b The principle of conservation and sustainability means every person bears obligation and responsibility for the future generation and their fellow generation by taking efforts to preserve the support capability of the ecosystem and improving the quality of the environment. Letter c The principle of harmony and equilibrium means environmental utilization must regard aspects, such as economic, social, cultural interests and protection as well as conservation of the ecosystem. Letter d The principle of integration means environmental protection and management are executed by integrating elements or synergizing related components. Letter e The principle of benefit means the whole executed development programs and/or activities are adjusted to potentials of natural resources and the environment for enhancing the people’s welfare and human dignity in harmony with the environment thereof. Letter f The principle of prudence means uncertainty about impact of a business and/or activity due to limited mastery of science and technology is not a reason for delaying measures to minimize or avoid threat against environmental pollution and/or damage. Letter g The principle of justice means environmental management must reflect justice proportionally for every citizen, either inter-region, inter-generation or inter-gender. Letter h The principle of ecoregion means environmental protection and management must regard characteristics of local natural resources, ecosystem, socio culture and wisdom. Letter i The principle of biological diversity means environmental protection and management must observe integrated efforts to preserve the existence, diversity and sustainability of animal natural resources along with surrounding biological natural resources forming ecosystem totally. Letter j The principle of polluter pays means every personnel in charge of business and/or activities polluting and/or damaging the environment is obliged to bear the cost of environmental restoration. Letter k The participatory principle means every community member is motivated to participate actively in decision making and implementing environmental protection and management directly and indirectly. Letter I The principle of local wisdom means noble values effective in social life of public must be observed in environmental protection and management. Letter m The principle of good governance means environmental protection and management are inspired by the principles of participation, transparency, accountability, efficiency and justice. Letter n The principle of regional autonomy means the government and regional government rule and manage directly public administration affairs in the field of environmental protection and management by 42 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata observing regional specialty and diversity in the context of the Unitary State of the Republic of Indonesia. Article 3 Self-explanatory Article 4 Self-explanatory Article 5 Self-explanatory Article 6 Self-explanatory Article 7 Self-explanatory Article 8 Self-explanatory Article 9 Self-explanatory Article 10 Paragraph (1) Self-explanatory Paragraph (2) Letter a Self-explanatory Letter b Self-explanatory Letter c Self-explanatory Letter d Local wisdom in this paragraph includes communal rights recognized by DPRD. Letter e 43 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata Self-explanatory Letter f Self-explanatory Paragraph (3) Self-explanatory Paragraph (4) Self-explanatory Paragraph (5) Self-explanatory Article 11 Self-explanatory Article 12 Self-explanatory Article 13 Paragraph (1) Control over environmental pollution and/or damage covers, among others, control over: a. water, air and sea pollution; and b. ecosystem damage and damage attributed to climate change. Paragraph (2) Self-explanatory Paragraph (3) Self-explanatory Article 14 Self-explanatory Article 15 Paragraph (1) Area means space constituting a geographic totality along with related elements whose borders and system are determined on the basis of administrative and/or functional aspects. Paragraph (2) Letter a Self-explanatory Letter b 44 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata The environmental impacts and/or risks cover: a. climate change; b. damage, degradation and/or extinction of biological diversity; c. enhancement of intensity and coverage of disaster area of flooding, landslide, drought; and/ or forest and land fire; d. degradation of the quality and abundance of natural resources; e. the rising trend of change in function of forest area and/or land; f. the rise in the poor or threat against sustainability of livelihoods of a group of public; and/or g. rising risk of human health and safety. Paragraph (3) Self-explanatory Article 16 Self-explanatory Article 17 Self-explanatory Article 18 Paragraph (1) The public are involved through dialogue, discussion and public consultation. Paragraph (2) Self-explanatory Article 19 Self-explanatory Article 20 Paragraph (1) Self-explanatory Paragraph (2) Letter a The quality standard of water means the limit or content of creature, substance, energy or component which exist or must exist and/or pollutants having content tolerable in water. Letter b The quality standard of waste water is the tolerable limit or content of pollutants which may. be inserted into water media. Letter c 45 / 65 DIVA | DIUNDUH PADA 21 AGUSTUS 2023
www.hukumonline.com/pusatdata The quality standard of sea water is the limit or content of creature, substance, energy or component which exist or must exist and/or pollutants having content tolerable in sea water. Letter d The quality standard of ambient air is the limit or content of creature, substance, energy or component which exist or must exist and/or pollutants having content tolerable in ambient air. Letter e The quality standard of emission is the tolerable limit or content of pollutants which may be inserted into air media. Letter f The quality standard of nuisance is the
