The way in which the environment is viewed and the manner in which it is exploited has evolved over time, particularly with the growing understanding that the living environment is not an infinite resource. Paramount in this realization is that the environment will not regenerate at a moment’s notice once it has been degraded. This is reflected in the recently passed Bill on the Protection and Management of the Living Environment which states that a good and healthy environment is a human and constitutional right for all citizens. The bill is to repeal and replace the current law in this area, Law No. 23 of 1997.
The primary purpose of the bill is to preserve and then maintain the function of the environment. Simply, the best way in which to achieve this purpose is to ensure that there is as little damage as possible permitted to occur to the environment. The bill is integrated and systematic in its approach to achieving this purpose. The bill covers issues of planning, use and utilization, control, preservation, supervision, and enforcement.
The bill is not simply a rewrite of the old law with a few insertions here and a couple of repeals there. Nevertheless, there are some key features that distinguish the bill from the soon to be repealed law. For example, the bill provides provisions that empower the relevant civil servants investigators to search, seize, detain, and arrest alleged perpetrators of environmental crimes. Furthermore, the bill also requires that any business activity which will impact on the environment, and where there is an obligation to provide an environmental impact statement, an environmental management statement, and an environmental monitoring statement, is required to obtain a green license (izin lingkungan). The green license is to function as a pre-requisite for any business or activity license that is to be issued.
The bill includes both administrative and criminal sanctions. The administrative sanctions are written sanctions, coercive measures from the government, freezing of the green license, or cancellation of the latter license. Whilst the criminal sanctions attract terms of imprisonment of anywhere to a maximum of 3 months in some instances up to a maximum of 15 years in others, and criminal fines of between up to IDR 500 million and IDR 15 billion depending on the infringement.
Interestingly, the investigation of any infringement to the bill is not only conducted by the Indonesian Police Force, but also the State Officials from the Department of the Environment.
The bill repeals and replaces Law No. 23 of 1997 on the Environment Management.
The bill comes into immediate force once it is enacted. Enactment requires the signature of the President. If the President fails to sign the bill into law then the bill will self-enact after 30 days pursuant to the 1945 Constitution.
The way in which the environment is viewed and the manner in which it is exploited has evolved over time, particularly with the growing understanding that the living environment is not an infinite resource. Paramount in this realization is that the environment will not regenerate at a moment’s notice once it has been degraded. This is reflected in the recently passed Bill on the Protection and Management of the Living Environment which states that a good and healthy environment is a human and constitutional right for all citizens. The bill is to repeal and replace the current law in this area, Law No. 23 of 1997.
The primary purpose of the bill is to preserve and then maintain the function of the environment. Simply, the best way in which to achieve this purpose is to ensure that there is as little damage as possible permitted to occur to the environment. The bill is integrated and systematic in its approach to achieving this purpose. The bill covers issues of planning, use and utilization, control, preservation, supervision, and enforcement.
The bill is not simply a rewrite of the old law with a few insertions here and a couple of repeals there. Nevertheless, there are some key features that distinguish the bill from the soon to be repealed law. For example, the bill provides provisions that empower the relevant civil servants investigators to search, seize, detain, and arrest alleged perpetrators of environmental crimes. Furthermore, the bill also requires that any business activity which will impact on the environment, and where there is an obligation to provide an environmental impact statement, an environmental management statement, and an environmental monitoring statement, is required to obtain a green license (izin lingkungan). The green license is to function as a pre-requisite for any business or activity license that is to be issued.
The bill includes both administrative and criminal sanctions. The administrative sanctions are written sanctions, coercive measures from the government, freezing of the green license, or cancellation of the latter license. Whilst the criminal sanctions attract terms of imprisonment of anywhere to a maximum of 3 months in some instances up to a maximum of 15 years in others, and criminal fines of between up to IDR 500 million and IDR 15 billion depending on the infringement.
Interestingly, the investigation of any infringement to the bill is not only conducted by the Indonesian Police Force, but also the State Officials from the Department of the Environment.
The bill repeals and replaces Law No. 23 of 1997 on the Environment Management.
The bill comes into immediate force once it is enacted. Enactment requires the signature of the President. If the President fails to sign the bill into law then the bill will self-enact after 30 days pursuant to the 1945 Constitution.
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