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Senin, November 8, 2021

Govt. Determines Competency Certification and Service Provider Agencies for AMDAL and Environmental Feasibility Testing

Environment Professions

As originally mandated under Regulation of the Government No. 22 of 2021 on the Organization of Environmental Protection and Management, the Minister of Environment and Forestry ("Minister") has issued Regulation of the Minister No. 18 of 2021 on Competency Certification for Environmental Impact Analyses (Analisis Mengenai Dampak Lingkungan – "AMDAL"), Service Provider Agencies for AMDAL and Environmental Feasibility Testing ("Regulation 18/2021").
Competency certification for the drafters of AMDAL should be issued by institutions that function as AMDAL Competency Training Institutes (Lembaga Pelatihan Kompetensi – "LPK") and AMDAL Competency Certification Institutes (Lembaga Sertifikasi Kompetensi – "LSK"). In essence, said competency certification comprises the following stages: 1) AMDAL drafting training; 2) AMDAL competency testing; and 3) Issuance of AMDAL competency certification.
AMDAL drafting training is to be organized by accredited LPK AMDAL. In order to secure accreditation, LPK AMDAL should submit written applications for accreditation to the Minister through a high-ranking official in charge of human-resource development. Said applications should contain the following information at the least: 1) Identity of LPK AMDAL; 2) Persons in charge of competency training for AMDAL drafters; 3) Permanent and non-permanent lecturers who have at least five years of experience in drafting AMDAL; 4) AMDAL teaching materials or curriculum based on competency standards; 5) Availability of public information regarding the implementation of the AMDAL drafting competency training; and 6) Quality management system.
The AMDAL drafting team may be sourced from the relevant AMDAL Drafting Service Provider Agency (Lembaga Penyedia Jasa Penyusun – “LPJP”) which has officially registered with the Minister. In order to secure said registration, a LPJP AMDAL should submit a registration application to the Minister accompanied by documents that contain the following information, amongst others: 1) Identity of the applicant; 2) Deed of establishment of the relevant legal entity; 3) Person in charge of AMDAL competency certification; 4) Must have at least two permanent AMDAL drafters who have secured competency certification that meets the qualification standards of the AMDAL drafting team leader; 5) Must have at least two permanent AMDAL drafters who have secured competency certification that meets the qualification standards for members of the AMDAL drafting team; and so forth.
The Minister will then assign a number of certified experts as members of the environmental feasibility test team. Said determination will be carried out based on proposals of certified expert candidates made by: 1) The Director-General; 2) The relevant governor through the provincial apparatus organization in charge of the environment; 3) The relevant regent/mayor through the regency/city regional apparatus organization in charge of the environment; 4) The environmental feasibility test institute, by invitation; 5) Associations of experts; or 6) Self-initiative. Moreover, said proposals should be accompanied by documents that outline the following information: 1) Minimum educational background of a bachelor’s degree; 2) Scientific experience of at least three years; 3) Certificate of training relating to environmental impact assessments; 4) Track record of assessments of AMDAL documents, as carried out by experts; 5) Scientific writings that are in accordance with the relevant field of expertise and that have been published in national or international journals; and/or 6) Recommendation from an association of experts.
Regulation 18/2021 has been in force since 22 October 2021.

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As originally mandated under Regulation of the Government No. 22 of 2021 on the Organization of Environmental Protection and Management, the Minister of Environment and Forestry ("Minister") has issued Regulation of the Minister No. 18 of 2021 on Competency Certification for Environmental Impact Analyses (Analisis Mengenai Dampak Lingkungan – "AMDAL"), Service Provider Agencies for AMDAL and Environmental Feasibility Testing ("Regulation 18/2021").
Competency certification for the drafters of AMDAL should be issued by institutions that function as AMDAL Competency Training Institutes (Lembaga Pelatihan Kompetensi – "LPK") and AMDAL Competency Certification Institutes (Lembaga Sertifikasi Kompetensi – "LSK"). In essence, said competency certification comprises the following stages: 1) AMDAL drafting training; 2) AMDAL competency testing; and 3) Issuance of AMDAL competency certification.
AMDAL drafting training is to be organized by accredited LPK AMDAL. In order to secure accreditation, LPK AMDAL should submit written applications for accreditation to the Minister through a high-ranking official in charge of human-resource development. Said applications should contain the following information at the least: 1) Identity of LPK AMDAL; 2) Persons in charge of competency training for AMDAL drafters; 3) Permanent and non-permanent lecturers who have at least five years of experience in drafting AMDAL; 4) AMDAL teaching materials or curriculum based on competency standards; 5) Availability of public information regarding the implementation of the AMDAL drafting competency training; and 6) Quality management system.
The AMDAL drafting team may be sourced from the relevant AMDAL Drafting Service Provider Agency (Lembaga Penyedia Jasa Penyusun – “LPJP”) which has officially registered with the Minister. In order to secure said registration, a LPJP AMDAL should submit a registration application to the Minister accompanied by documents that contain the following information, amongst others: 1) Identity of the applicant; 2) Deed of establishment of the relevant legal entity; 3) Person in charge of AMDAL competency certification; 4) Must have at least two permanent AMDAL drafters who have secured competency certification that meets the qualification standards of the AMDAL drafting team leader; 5) Must have at least two permanent AMDAL drafters who have secured competency certification that meets the qualification standards for members of the AMDAL drafting team; and so forth.
The Minister will then assign a number of certified experts as members of the environmental feasibility test team. Said determination will be carried out based on proposals of certified expert candidates made by: 1) The Director-General; 2) The relevant governor through the provincial apparatus organization in charge of the environment; 3) The relevant regent/mayor through the regency/city regional apparatus organization in charge of the environment; 4) The environmental feasibility test institute, by invitation; 5) Associations of experts; or 6) Self-initiative. Moreover, said proposals should be accompanied by documents that outline the following information: 1) Minimum educational background of a bachelor’s degree; 2) Scientific experience of at least three years; 3) Certificate of training relating to environmental impact assessments; 4) Track record of assessments of AMDAL documents, as carried out by experts; 5) Scientific writings that are in accordance with the relevant field of expertise and that have been published in national or international journals; and/or 6) Recommendation from an association of experts.
Regulation 18/2021 has been in force since 22 October 2021.

......

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