1. Law_2009_32_Environmental Protection and Managament

8/20/2019 1. Law_2009_32_Environmental Protection and Managament

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LAWS OF REPUBLIC INDONESIA

NUMBER 32 OF 2009

REGARDING

ENVIRONMENTAL PROTECTION AND MANAGEMENT

WITH THE BLESSING OF ALMIGHTY GOD

PRESIDENT OF REPUBLIC INDONESIA,

Considering : a. that good and healthy environment is as human right of

every Indonesian citizen as stipulated in Article 28H of

1945 Constitution of Republic Indonesia;b. that national economical development as stipulated in

1945 Constitution of Republic Indonesia is implementedbased on principle of continuous development and in

environmental horizon;c. that spirit of regional autonomy in implementing

government of Indonesia has brought change ofrelationship and authority between government and localgovernment, including in division of environmental

protection and management;d. that environmental quality that is getting worst has

endanger human and other creature’s life so that it needsto do protection and management of environment whichis consistently by all of stakeholders;

e. that global warming that is getting higher causes climatechanges so it makes environmental quality worst thereforeit needs environmental protection and management;

f. that to more guarantee law certainty and giveprotection to the right of every people to get good andhealthy environment as part of protection to all

ecosystem, it needs to do renewal for Law No. 23 of1997 regarding Environmental Management;

g. that based on consideration as meant in point a, b, s,d, e and f, it is necessary to enact Law regardingEnvironmental Protection and Management;

Mengingat : Article 20, Article 21, Article 28H paragraph (1), andArticle 33 paragragph (3) and paragraph (4) of 1945Constitution;


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With Agreement

HOUSE OF REPRESENTATIVES OF REPUBLIC INDONESIAand

PRESIDENT REPUBLIC INDONESIA

DECIDES:

To Enact : LAW REGARDING ENVIRONMENTAL PROTECTION ANDMANAGEMENT.

CHAPTER IGENERAL PROVISION

Article 1

In this Law what is meant by:1.

Environment is unity of space with all things, power, condition andcreatures including human and its behavior, which is influencing nature,life and human and other creature’s welfare.

2.

Environmental protection and management is systematic and integratedeffort which is done to perpetuate environmental function and avoidpollution and/or environmental damage which covers planning, usage,control, maintenance, supervision and law enforcement.

3.

Continuous development is aware and planned effort which integrates

aspect of environment, social and economy into developmental strategy toguarantee integral environment and its safety, ability, welfare, and quality

life of nowadays and next future generation.4.

Plan of environmental protection and management which further to becalled RPPLH is written plan which covers potency, environmental problem,and effort to protect and manage it in certain time.

5.

Ecosystem is structure of environmental substance which is integral unityand influence each other in making balance, stability and environmentalproductivity

6.

Perpetuation of environmental function is set of effort to maintain carryingcapacity and storage capacity of environment.

7.

Environmental carrying capacity is environmental ability to supporthuman’s life, other creature, and balance between two of them.

8.

Environmental storage capacity is environmental ability to absorb essence,energy, and/or other component which comes or being come into it.

9.

Natural resource is environmental substance which covers of biological and

non biological resource which entirely makes ecosystem unity.10.

Strategic environmental study, which is further called SEA, is set ofsystematical analysis, integral and participative to ensure that principle ofcontinuous development has been a basic and bebome integrated indeveloping an area and/or policy, plan, and/or program.


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11.

Analysis of environmental impact, which is further called Amdal, is a studyregarding important impact of an effort and/or activity which is planned in

environment that is needed for decision taking regarding effort and/oractivity implementation.

12.

Environmental management effort and environmental monitoring effort,

which are further called UKL-UPL, is management and monitoring towardeffort and/or activity which does not have important impact forenvironment which is needed for decision taking process regarding effortand/or activity implementation.

13.

Environmental quality standard is limitation measurement or content ofcreatures, substance, energy, or existing or must be existed componentand/or pollutant essence which its existence is restrained in a certainresource as environmental substance.

14.

Environmental pollution is the creatures, essence, energy, and/or othercomponent coming or being put into environment by human’s activity so itis more than determined environmental quality standard.

15.

Criteria of environmental damage standard are limitation measurement ofphysic, chemic, and/or environmental biology that can be restrained byenvironment in order to perpetuate its function.

16. Environmental damage is person’s activity that causes direct or indirectchange toward physic, chemic and/or environmental biology so that it’smore than standard criteria of environmental damage.

17. Environmental damage is direct or indirect change toward physic, chemicand/or environmental biology which is more than standard criteria ofenvironmental damage.

18.

Conservation of natural resource is natural resource management toguarantee its utilization wisely and continuity of its availability by

perpetuating and increasing value quality and its variety.19.

Climate change is the change of climate that is caused directly or indirectly

by human’s activity so it causes change of atmosphere composition globallyand besides that it can be also a big change of natural climate variability incomparable period.

20.

Waste is residue from an effort and/or activity.21.

Toxic and hazardous material which is further called B3 is material,energy, and/or other component which by its characteristic,concentration, and/or its quality, directly or indirectly can pollute and/or

endanger environment and human and other creature’s life.22.

Toxic and hazardous material which is further called B3 is residue from an

effort and/or activity which consists of B3.23.

B3 waste management is activity which covers decreasing, storage,collecting, carrying, utilization, treatment, and/or stockpiling.

24.

Dumping is activity to dump, place, and/or put in the waste and/ormaterial in certain quantity, concentration, time, and location with certaincondition into certain environmental media.

25.

Environmental dispute is disagreement between two parties or more fromactivity which has potency and/or impact to environment.


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26.

Environmental impact is influence of change in environment which iscaused by an effort and/or activity.

27.

Environmental organization is organized people group which is establishedby self aspiration with the goal and activity is related to environment.

28.

Environmental audit is evaluation which is done to appraise obedience of

the person in charge of effort and/or activity toward law condition andpolicy which is determined by government

29.

Ecoregion is geographical area which has similarity on climate, land, water,flora, and original fauna, and human interaction model with nature andenvironment.

30.

Local wisdom is glorious values which are prevailed in community life tosuch as protect and manage environment immortally.

31.

Custom community is community group that is from generation togeneration live in certain geographical area because of the derivativeancestor, the strong relationship with environment, and the value that

determines regulation of economy, politic, social and law.

32.

Every body is a person or corporative or not corporative enterprise.33.

Environmental economic instrument is a set of economical policy to pushGovernment, local government, or every body in direct to perpetuation ofenvironmental function.

34.

Serious threat is threat with wide impact to environment and makescommunity’s restlessness.

35. Environmental license is license which is given to every body that doeseffort and/or activity that must be Amdal or UKL-UPL in order to protectand manage environment as condition to get effort and/or activity license.

36.

Effort and/or activity license is license which is issued by technicalinstitution to do effort and/or activity.

37.

Central government, which is further called Government, is President ofRepublic Indonesia as meant in 1945 Constitution.

38.

Local government is governor, regent, or mayor and regional staff asimplementer element of local government matters.

39. Minister is minister who implements governmental matters in division ofprotection and management of environment.

CHAPTER IIPRINCIPLE, PURPOSE AND SCOPE

Part One

Principle

Article 2Environmental protection and management is implemented based on principlesof:a.

state’s responsibility ;

b. perpetuation and continuity;c.

harmonious and balance;


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d.

integrity;e.

utilization;

f.

vigilance;g.

fairness;

h.

ecoregion;

i.

biological variety; j. polluter pays;k.

participative;l.

local wisdom;m.

good governmental management; andn.

regional autonomy.

Part TwoGoal

Article 3

Environmental protection and management has goals:a.

protect areas of Republic Indonesia from pollution and/or environmentaldamage;

b. guarantee safety, health and human’s life;

c. guarantee creatures’ life and ecosystem perpetuation;

d.

keep perpetuation of environmental function;e. reach harmony, conformity, and environmental balance;f.

guarantee fulfillment of fairness for nowadays and next future generation;g.

guarantee fulfillment and protection of right of environment as part of

human right;h.

control natural resource usage wisely;

i.

actualize continuous development; and j.

anticipate global environmental issue.

Part ThreeScope

Article 4Environmental protection and management covers:a.

planning;

b.

utilization;c.

control;

d.

maintenance;e.

supervision; andf.

law enforcement.


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CHAPTER IIIPLANNING

Article 5Planning of environmental protection and management is implemented

through steps of:a. environmental inventory;b.

determination of ecoregion area; andc.

arrangement of PPLH.

Part OneEnvironmental Inventory

Article 6(1)

Environmental inventory as meant in Article 5 point a consists of

environmental inventory of:

a.

national level;b.

island/archipelago level; andc.

ecoregional area level.(2)

Environmental inventory is implemented to get data and information

regarding natural resource which consists of:a.

potency and availability;b. kind which is utilized;c.

form of governance;d.

management knowledge;

e.

form of damage; andf.

conflict and cause of conflict which is caused of management.

Part TwoDetermination of Ecoregional area

Article 7(1)

Environmental inventory as meant in Article 6 paragraph (1) point a and bbecome base in determining ecoregional area and implemented by Ministerafter coordinating with related institution.

(2)

Determination of ecoregional area as meant in paragraph (1) is implemented

by considering similarity of:a.

natural landscape;

b.

river basin;c.

climate;d.

flora and fauna;

e.

culture social;f.

economy;g.

community institution; andh.

result of environmental inventory.


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Article 8Environmental inventory in ecoregional area level as meant in Article 6

paragraph (1) point c is done to determine carrying capacity and storagecapacity and natural resource reserve.

Part ThreeArrangement of Environmental Protection and Management

Article 9(1)

RPPLH as meant in Article 5 point c consists of:a.

National RPPLH;b.

Provincial RPPLH; andc.

RPPLH in Regency/city.(2)

National RPPLH as meant in paragraph (1) point a is arranged based onnational inventory.

(3) Provincial RPPLH as meant in paragraph (1) point b is arranged based on:

a.

national RPPLH;b.

inventory in island/archipelago level; andc.

inventory in ecoregional level.(4)

RPPLH in regency/city as meant in paragraph (1) point c is arranged based

on:a.

provincial RPPLH;b. inventory in island/archipelago level; andc.

inventory in ecoregional level.

Article 10(1)

RPPLH as meant in Article 9 is arranged by Minister, governor, or

regent/mayor according to their authority.(2)

Arrangement of RPPLH as meant in paragraph (1) considers of:a.

variety of character and ecology function;b.

population spreading;c.

natural resource potency spreading;d.

local wisdom;e.

community’s aspiration; and f.

climate change.(3)

RPPLH is ordered by:

a.

government regulation for national RPPLH;b.

provincial regulation for provincial RPPLH; and

c.

regulation in regency/city for RPPLH in regency/city.(4)

RPPLH covers plan of:a.

utilization and/or reservation of natural resource;

b.

maintenance and protection of quality and/or function of environment;c.

Control, monitoring, and usage and perpetuation of natural resource;and

d.

adaptation and mitigation of climate change.


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(5)

RPPLH becomes base of arrangement and stated in plan of long termdevelopment and plan of middle term development.

Article 11Further determination regarding environmental inventory as meant in Article

6, determination of ecoregion as meant in Article 7 and 8, and RPPLH asmeant in Article 9 and 10 is arranged in Government Regulation.

CHAPTER IVUTILIZATION

Article 12(1)

Utilization of natural resource is done based on RPPLH.

(2) In regard of RPPLH as meant in paragraph (1) is not yet arranged, natural

resource utilization is implemented based on carrying capacity andstorage capacity of environment by considering:a.

continuity of environmental process and function;b.

continuity of environmental productivity; and

c.

safety, life quality and community welfare.(3) Carrying capacity and storage capacity of environment as meant in

paragraph (2) is determined by:a.

Minister for environmental carrying capacity and storage capacity innational and island/archipelago;

b.

governor for environmental carrying capacity and storage capacity inprovince and ecoregion across regencies/cities; or

c.

regent/mayor for environmental carrying capacity and storage capacityin regency/city.

(4) Further determination regarding procedure of environmental carryingcapacity and storage capacity as meant in paragraph (3) is arranged ingovernment regulation.

CHAPTER VCONTROL

Part One

General

Article 13(1)

Control of pollution and/or environmental damage is implemented inorder to perpetuate environmental function.

(2) Control of pollution and/or environmental damage as meant in paragraph(1) covers:


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a. prevention;b. anticipation; and

c. recovery.(3) Control of pollution and/or environmental damage as meant in paragraph

(1) is implemented by Government, local government, and person in

charge of effort and/or activity according to each authority, role andresponsibility.

Part TwoPrevention

Article 14Prevention instrument of pollution and/or environmental damage consist of:a.

SEA;

b. spatial planning;

c.

environmental quality standard;d.

standard criteria of environmental damage;e.

amdal;f.

UKL-UPL;

g.

license;h.

instrument of environmental economy;i. law regulation in environmental base; j.

budget in environmental base;k.

analysis of environmental risk;

l.

environmental audit; andm.

other instrument with necessity and/or knowledge development.

Paragraph 1Strategic Environmental Assessment / SEA

Article 15(1)

Government and local government shall make SEA to make sure thatcontinuity development principle has been a base and integrated indevelopment of an area and/or policy, plan, and/or program.

(2)

Government and local government shall make SEA as meant in paragraph

(1) into arrangement or evaluation:a.

plan of spatial planning in area (district society) and its detailed plan,

long term development plan, and middle term development plan innational, province and regency/city; and

b.

policy, plan and/or program with potency to make impact and/or

environmental risk.(3)

SEA is implemented by mechanism:a.

study of policy influence, plan, and/or program toward environmentalcondition in certain area;

b. alternative formulation of policy, plan, and/or program finalization; and


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c.

recommendation of revision to take policy decision, plan, and/orprogram that integrates continuous development principle.

Article 16

SEA covers study such as:a. capacity of environmental carrying capacity and storage capacity for

development;b.

assessment regarding environmental impact and risk;c.

work performance of service/ecosystem service;d.

efficiency of natural resource utilization;e.

susceptibility level and adaptation capacity toward climate change; andf.

resistance level and potency of biological variety.

Article 17(1) Result of SEA as meant in Article 15 paragraph (3) becomes base for policy,

plan, and/or development program in certain area.(2)

If result of SEA as meant in paragraph (1) states that carrying capacity andstorage capacity have been passed,a.

Policy, plan and/or development program shall be revised according to

SEA recommendation; andb.

every effort and/or activity which is passed the environmental carryingcapacity and storage capacity is no more allowed.

Article 18(1)

SEA as meant in Article 15 paragraph (1) is implemented by involvingcommunity and stakeholders.

(2)

Further determination regarding SEA implementation procedure is orderedin Government Regulation.

Paragraph 2Spatial Planning

Article 19(1)

To keep perpetuation of environmental function and community’s safety,every planning of spatial plan shall be based on SEA.

(2)

Planning of areal spatial plan as meant in paragraph (1) is determined byconsidering environmental carrying capacity and storage capacity.

Paragraph 3Environmental Quality Standard

Article 20(1)

Determination of environmental pollution occurrence is measured throughenvironmental quality standard.

(2) Environmental quality standard covers:


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a.

water quality standard;b.

waste water quality standard;

c.

sea water quality standard;d.

ambient air quality standard;

e.

emission quality standard;

f.

disturbance quality standard; andg. other quality standard according to knowledge and technology

improvement.(3)

Every body may dump waste into environmental media in condition of:a.

fulfill environmental quality standard; andb.

get license from Minister, governor, or regent/mayor according toauthority.

(4)

Further determination regarding environmental quality standard as meantin paragraph (2) point a, c, d, and g is ordered in Government Regulation.

(5)

Further determination regarding environmental quality standard as meant

in paragraph (2) point b, e, and f is ordered in minister regulation.

Paragraph 4Standard Criteria of Environmental Damage

Article 21(1)

To determine environmental damage occurance, standard criteria ofenvironmental damage is determined.

(2)

Standard criteria of environmental damage cover standard criteria ofecosystem damage caused by climate change.

(3)

Standard criteria of ecosystem damage covers:a.

standard criteria of land damage for biomass production;

b.

standard criteria of coral damage;c.

standard criteria of environmental damage which is related to forest fireand/or land;

d.

standard criteria of mangrove damage;e.

standard criteria of sea grass damage;f.

standard criteria of peat moss damage;g.

standard criteria of karst damage; and/orh.

standard criteria of other ecosystem damage according to knowledgeand technology improvement.

(4)

Standard criteria of damage caused by climate change based on parametersof:

a.

temperature increasing;b.

sea water surface increasing;c.

storm; and/or

d.

dryness.(5)

Further determination regarding standard quality of environmental damageas meant in paragraph (3) and paragraph (4) is ordered by GovernmentRegulation.


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Paragraph 5Amdal

Article 22(1)

Every effort and/or activity which has important impact to

environment shall have amdal.(2) Important impact is determined based on criterias of:

a.

bigness of population that will have impact of plan of effort and/oractivity;

b.

wide of area of impact spreading;c.

intensity and duration of impact goes on;d.

bigness of other environmental component which will have impact;e.

accumulative character of impact;f.

turning over and not turning over of impact; and/org.

other criteria as knowledge and technology improvement.

Article 23(1)

Criteria of effort and/or activity which has important impact that shallbe completed by amdal consists of:a.

change of land shape and natural landscape;

b.

exploitation of natural resource, which is renewal or not;c.

process and activity which is potencial able to cause pollutionand/or environmental damage and wastefulness and naturalresource decreasing in its utilization;

d.

process and activity which its result influences natural

environment, artificial environment, and environment of social andculture;

e.

process and activity which its result will influences perpetuation ofnatural resource and/or culture protection;

f.

introduction of kind of plant, animal and microorganism;g.

making and usage of biological non and biological material;h.

activity which has high risk and/or influences state’s defense;and/or

i.

technology application which is counted having big potency toinfluence environment.

(2)

Further determination regarding kind of effort and/or activity which

shall be completed by amdal as meant in paragraph (1) is ordered byMinister regulation.

Article 24Amdal document as meant in Article 22 is as determination base of

environmental worthiness.


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Article 25Amdal document covers:

a.

study regarding impact of effort and/or activity plan;b.

activity evaluation around location of effort and/or activity plan;

c.

input and comment from community about effort and/or activity plan;

d.

assessment to bigness of impact and important character of impactwhich occurs if the said effort and/or activity plan is implemented;

e.

evaluation holistically to impact which occurs to determineenvironmental worthiness or unworthiness; and

f.

plan of environmental management and monitoring.

Article 26(1)

Amdal document as meant in Article 22 is arranged by initiator byinvolving community.

(2)

Community involvement shall be done based on principle of giving

transparent and complete information and be informed before activity

is implemented.(3)

Community as meant in paragraph (1) covers:a.

which is effected by impact;b.

environmental observer; and/or

c.

which is influenced of every kind of decision in amdal process.(4)

Community as meant in paragraph (1) can send an objection of amdaldocument.

Article 27In arranging amdal document, initiator as meant in Article 26 paragraph

(1) can ask support to other party.

Article 28(1)

Amdal arrangement as meant in Article 26 paragraph (1) and Article27 shall have competency certification of amdal arrangement.

(2)

Criteria to get competency certification of amdal arrangement asmeant in paragraph (1) covers:a.

mastery of amdal arrangement methodology;b.

ability to do encompass, assessment, and evaluation of impact and

decision taking; andc.

ability to arrange plan of environmental management and

monitoring.(3)

competency certification of amdal arrangement as meant in paragraph(1) is issued by institution of competency certification of amdal

arrangement which is determined by Minister according todetermination of law regulation.

(4)

Further determination regarding certification and criteria of amdalarrangement competency is ordered by Minister regulation.


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Article 29(1)

Amdal document is evaluated by Committee of Amdal Evaluator which

is formulated by Minister, governor, or regent/mayor according toauthority.

(2)

Committee of Amdal Evaluator must have license from Minister,

governor, or regent/mayor according to authority.(3) Condition and license procedure as meant in paragraph (2) is ordered

by Minister Regulation.

Article 30(1)

Membership of Committee of Amdal Evaluator as meant in Article 29consists of representative from:a.

environmental institution;b.

related technical institution;c.

expert in related knowledge with kind of effort and/or activity which

has been studied;

d.

expert related knowledge with impact that may occur from effortand/or activity which has been studied;

e.

representative from community who has potency to be effected byimpact; and

f.

environmental organization.(2)

In implementing the duty, Committee of Amdal Evaluator is assistedby technical team that consists of independent expert that doestechnical study and secretary that is formulated for that.

(3)

independent expert and secretary as meant in paragraph (3) is

determined by Minister, governor, or regent/mayor according to authority.

Article 31Based on evaluation result of Committee of Amdal Evaluator, Minister,governor, or regent/mayor determines environmental worthiness orunworthiness decision according to authority.

Article 32(1)

Government and local government assist amdal arrangement for effortand/or activity of low economy classification which has important impacttoward environment.

(2)

Assistance of amdal arrangement as meant in paragraph (1) as facility,cost, and/or amdal arrangement.

(3)

Criteria regarding effort and/or activity of low economy classification areordered by law regulation.

Article 33Further determination regarding amdal as meant in Article 22 until Article 32is ordered by Government Regulation.


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Paragraph 6UKL-UPL

Article 34(1)

Every effort and/or activity which is not included in criteria of

obligatory amdal as meant in Article 23 paragraph (1) shall have UKL-UPL.

(2)

Governor or regent/mayor determines kind of effort and/or activitythat shall be completed by UKL-UPL.

Article 35(1)

Effort and/or activity which must not completed by UKL-UPL as meantin Article 34 paragraph (2) must make capability statement letter ofenvironmental management and monitoring.

(2)

Determination of effort and/or activity as meant in paragraph (1) is

done based on criteria of:

a.

not included in category of important impact as meant in Article 23paragraph (1); and

b.

micro and small business activity.(3)

Further determination regarding UKL-UPL and capability statement letter

of environmental management and monitoring is ordered by Ministerregulation.

Paragraph 7License

Article 36

(1)

Every effort and/or activity that must have amdal or UKL-UPL musthave environmental license.

(2)

Environmental license as meant in paragraph (1) is issued based ondecision of environmental worthiness as meant in Article 31 orrecommendation by UKL-UPL.

(3)

Environmental license as meant in paragraph (1) shall state conditionthat is stated in decision of environmental worthiness orrecommendation by UKL-UPL.

(4) Environmental license is issued by Minister, governor, or

regent/mayor according to the authority.

Article 37(1)

Minister, governor, or regent/mayor according to the authority shall refuseapplication of environmental license if the application of license is not

completed by AMDAL or UKL-UPL.(2)

Environmental license as meant in Article 36 paragraph (4)can becanceled if:


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a.

Proposed condition in application of license covers law defect,mistake, misapplication, and inaccuracy and/or data and/or

information counterfeit;b.

Its issuance without condition fulfillment as stated in decision of

committee regarding environmental worthiness or recommendation

by UKL-UPL; orc. Obligation that is determined in AMDAL or UKL-UPL document is

not implemented by person in charge of effort and/or activity.

Article 38Besides determination as meant in Article 37 paragraph (2),environmental license can be canceled through court decision of stateadministration.

Article 39(1) Minister, governor, or regent/mayor according to authority shall

announce every environmental license applications and decision.(2)

Announcement as meant in paragraph (1) is done by the easy way toknow by community.

Article 40(1)

Environmental license is as condition to get license of effort and/oractivity.

(2)

In regard of environmental license is revoked, the license of effortand/or activity is canceled.

(3)

In regard of effort and/or activity is changed, person in charge ineffort and/or activity shall renew the environmental license.

Article 41Further determination regarding license as meant in Article 36 untilArticle 40 is ordered in Government Regulation.

Paragraph 8Instrument of Environmental Economy

Article 42(1)

In order to perpetuate environmental function, Government and regionalgovernment shall develop and apply instrument of environmental economy.

(2)

Instrument of environmental economy as meant in paragraph (1) covers:a.

development plan and economical activity;b.

environmental funding; and

c.

incentive and/or disincentive.

Article 43(1)

Instrument of development plan and economical activity as meant in Article42 paragraph (2) point a covers:


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a.

balance of natural resource and environment;b.

arrangement of gross domestic product and gross regional domestic

product that covers depreciation of natural resource and environment;c.

mechanism of environmental compensation/service retain among

regions; and

d.

make the environmental cost intern.(2) Instrument of environmental funding as meant in Article 42 paragraph (2)

point b covers:a.

fund of environmental recovery guarantee;b.

fund of pollution and/or damage tackling and environmental recovery;and

c.

trusteeship/donation fund for conservation.(3)

Incentive and/or disincentive as meant in Article 42 paragraph (2) point c isapplied for:a. procurement of goods and services that are friendly to environment;

b. application of environmental tax, retribution, and subsidy;

c. development of financial institution system and capital market which arefriendly to environment;

d. development of trading system of waste and/or emission dumpinglicense;

e.

development of environmental service payment system;f.

development of environmental insurance;g. development of environmental friendly system label; andh. system of work performance award in division of environmental

protection and management.

(4)

Further determination regarding instrument of environmental economy asmeant in Article 42 and 43 paragraph (1) until paragraph (3) is ordered by

Government Regulation.

Paragraph 9Law Regulation Based on Environment

Article 44Every law regulation enactment in national and regional level shall considerprotection and environmental function and principle of environmentalprotection and management according to determination that is stipulated in

this Law.

Paragraph 10Budgeting Based on Environment

Article 45(1) Government and House of Representative of Republic Indonesia and

regional government and regional House of Representative shall allocatebudget that is enough to finance:a. activity of environmental protection and management; and


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b.

program of development in environmental horizon.

(2)

Government shall allocate budget of environmental special allocation fundthat is enough to be given to region which has work performance of good

environmental protection and management.

Article 46Besides of determination as meant in Article 45, in order to recoverenvironmental condition which its quality has been polluted and/or damagedin time of this law is enacted, Government and regional government shallallocate budget for environmental recovery.

Paragraph 11Analysis of Environmental Risk

Article 47

(1) Every effort and/or activity which has potency to make important impacttoward environment, threat to ecosystem and life, and/or human’s healthand safety shall do analysis of environmental risk.

(2) Analysis of environmental risk as meant in paragraph (1) covers:

a.

risk study;b.

risk management; and/orc. risk communication.

(3)

Further determination regarding analysis of environmental risk is ordered inGovernment Regulation.

Paragraph 12

Audit of Environment

Article 48Government encourages person in charge of effort and/or activity to do auditof environment in order to increase environmental work performance.

Article 49(1)

Minister makes compulsory the environmental audit to:a.

certain effort and/or activity that has high risk for environment; and/or

b.

person in charge of effort and/or activity who shows disobedience to lawregulation.

(2)

Person in charge of effort and/or activity shall implement environmentalaudit.

(3)

Implementation of environmental audit toward certain activity which has

high risk is done periodically.

Article 50(1)

If person in charge of effort and/or activity does not implement obligation asmeant in Article 49 paragraph (1), Minister can implement or delegate the


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task to independent third party to implement environmental audit of cost ofrelated person in charge of effort and/or activity.

(2)

Minister announces result of environmental audit.

Article 51

(1)

Environmental audit as meant in Article 48 and Article 49 is implementedby environmental auditor.

(2)

Environmental auditor as meant in paragraph (1) shall have certificationof environmental auditor competency.

(3)

Criteria to get certification of environmental auditor competency asmeant in paragraph (2) covers ability of:a.

comprehends principle, methodology, and procedure ofenvironmental audit implementation;

b.

do environmental auditor which covers steps of planning,implementation, conclusion taking, and reporting;

c. formulate recommendation of revision step as environmental auditor

follow up.(4)

Certification of environmental auditor competency as meant inparagraph (2) is issued by institution of certification of environmentalauditor competency according to law regulation determination.

Article 52Further determination regarding environmental auditor as meant in Article 48until Article 51 is ordered by Minister Regulation.

Part ThreeTackling

Article 53(1)

Everybody who does environmental pollution and/or damage shall doenvironmental pollution and/or damage tackling.

(2)

Environmental pollution and/or damage tackling as meant in paragraph (1)is done by:a.

giving information of environmental pollution and/or damage warning tocommunity;

b.

isolation of environmental pollution and/or damage;

c.

stop source of environmental pollution and/or damage; and/ord.

other way that is according to knowledge and technology development.

(3)

Further determination regarding procedure of environmental pollutionand/or damage tackling as meant in paragraph (1) is ordered in GovernmentRegulation.


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Part FourRecovery

Article 54(1)

Everybody who does environmental pollution and/or damage shall do

recovery of environmental function.(2) Recovery of environmental function as meant in paragraph (1) is done

in steps:a.

stop pollution source and cleaning the pollution element;b.

re-mediation;c.

rehabilitation;d.

restoration; and/ore.

other way that is according to knowledge and technologydevelopment.

(3) Further determination regarding procedure of environmental function

recovery as meant in paragraph (2) is ordered in Government Regulation.

Article 55(1)

Environmental license holder as meant in Article 36 paragraph (1) shallprovide loan to recovery the environmental function.

(2)

Loan is saved in pointed governmental bank by Minister, governor, orregent/mayor according to the authority.

(3) Minister, governor, or regent/mayor according to authority can determinethird party to do recovery the environmental function by using the loan.

(4)

Further determination regarding loan as meant in paragraph (1) until

paragraph (3) is ordered in Government Regulation.

Article 56Further determination regarding environmental pollution and/or damagecontrol as meant in Article 13 until Article 55 is ordered in GovernmentRegulation.

CHAPTER VIMAINTENANCE

Article 57(1)

Environmental maintenance is done by:a.

conservation of natural resource;

b.

preservation of natural resource; and/orc.

perpetuation of atmosphere function.(2)

Conservation of natural resource as meant in paragraph (1) point a covers

activity:a.

protection of natural resource;b.

preservation of natural resource; andc.

natural utilization of natural resource.


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(3)

Preservation of natural resource as meant in paragraph (1) point b is asnatural resource which cannot be managed in certain time.

(4)

perpetuation of atmosphere function as meant in paragraph (1) point ccovers:

a.

mitigation effort and adaptation of climate change;

b.

protection effort of ozone layer; andc. protection effort of acid rain.

(5)

Further determination regarding conservation and natural preservation andperpetuation of atmosphere function as meant in paragraph (1) is orderedby Government Regulation.

CHAPTER VIIMANAGEMENT OF TOXIC AND HAZARDOUS MATERIAL

AND TOXIC AND HAZARDOUS WASTE

Part OneManagement of Toxic and Hazardous Material

Article 58(1) Everybody who puts into Republic Indonesia, makes result, carries,

distributes, saves, utilizes, dumps, treats, and/or accumulate toxic andhazardous material shall do the toxic and hazardous materialmanagement.

(2) Further determination regarding toxic and hazardous material

management as meant in paragraph (1) is ordered by GovernmentRegulation.

Part TwoManagement of Toxic and Hazardous Waste

Article 59(1)

Everybody who makes toxic and hazardous waste shall do the toxic andhazardous waste management of it.

(2)

In regard of toxic and hazardous material as meant in Article 58 paragraph(1) is expired, its management follows the determination of toxic and

hazardous waste management.(3)

In regard of everybody is not able by themselves to do toxic and hazardous

waste management, so its management has been given to other party.(4)

Toxic and hazardous waste management shall get license from Minister,governor, or regent/mayor according to authority.

(5)

Minister, governor, or regent/mayor shall state environmental conditionthat must be fulfilled and obligation that must be obeyed by manager oftoxic and hazardous waste in license.

(6)

Decision of license giving must be announced.(7) Further determination regarding toxic and hazardous waste management is


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ordered by Government Regulation.

Part ThreeDumping

Article 60Everybody is not allowed to do waste and/or material dumping intoenvironment without license.

Article 61(1)

Dumping as meant in Article 60 can only be done with license fromMinister, governor, or regent/mayor according to authority.

(2)

Dumping as meant in paragraph (1) can only be done in determinedlocation.

(3) Further determination regarding procedure and condition of waste or

material dumping condition is ordered by Government Regulation.

CHAPTER VIIIINFORMATION SYSTEM

Article 62(1) Government and regional government develop environmental information

system to support implementation and development of environmentalprotection and management policy.

(2)

Environmental information system is done integral and coordinated andshall be published to community.

(3)

Environmental information system at least covers environmental status,environmental risky map, and other environmental information.

(4)

Further determination regarding environmental information system isordered by Minister regulation.

CHAPTER IXDUTY AND AUTHORITY OF GOVERNMENT

AND LOCAL GOVERNMENT

Article 63(1)

In regard of environmental protection and management, Government has

duty and authority to:a.

determine national policy;b.

determine norm, standard, procedure, and criteria;

c.

determine and implement policy regarding national RPPLH;d.

determine and implement policy regarding SEA;e.

determine and implement regarding AMDAL and UKL-UPL;f.

implement national natural resource inventory and gas emission ofglass house;


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g.

develop cooperation standard;h.

coordinate and implement environmental pollution and/or

damage control;i.

determine and implement policy regarding biological and non

biological natural resource, biological diversity, genetically resource,

and biological safety of artificial genetic; j. determine and implement policy regarding impact of climate change

and ozone layer protection control;k.

determine and implement policy regarding toxic and hazardousmaterial, waste, and toxic and hazardous waste;

l.

determine and implement policy regarding sea environmentalprotection;

m.

determine and implement policy regarding environmental pollution

and damage across state’s borders;n.

do capacity development and inspection to policy implementation

in level of national, regional regulation and head of regional

regulation;o.

do capacity development and obedience inspection to person incharge of effort and/or activity toward environmental licensedetermination and law regulation;

p.

develop and implement environmental instrument;q.

coordinate and facilitate cooperation and problem solving amongregions and dispute completion;

r. develop and implement policy of community’ complain

management;

s.

determine minimal service standard;t.

determine policy regarding procedure of traditional community

existence acknowledgement, local wisdom, and right of traditionalcommunity which is related to environmental protection andmanagement;

u.

management of national environmental information;v.

coordinate, develop, and socialize environmental friendlytechnology utilization;

w.

give education, training, capacity development, and award; x.

develop facility and environmental laboratory standard; y.

issue environmental license;

z.

determine ecoregional area; andaa.

do environmental law enforcement.

(2)

In regard of environmental protection and management, provincialgovernment has duty and authority to:a.

determine policy in provincial level;

b.

determine and implement SEA in provincial level;c.

determine and implement policy regarding provincial RPPLH;d.

determine and implement policy regarding AMDAL and UKL-UPL;e.

implement natural resource inventory and gas emission of glass housein provincial level;


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f.

develop and implement cooperation and partnership;g.

coordinate and implement environmental pollution and/or damage

across regencies/cities;h.

do capacity development and inspection toward policy

implementation, regional regulation, and head of regency/city’s

regulation;i. do capacity development and inspection to obedience of person in

charge of effort and/or activity toward environmental licensedetermination and law regulation in division of environmentalprotection and management;

j.

develop and apply environmental instrument;k.

coordinate and facilitate cooperation and dispute completionamong regencies/cities and disagreement completion;

l.

do capacity development, technical assistance, and inspection toregency/city in program and activity;

m. do minimal service standard;

n.

determine policy regarding procedure of traditional communityexistence acknowledgement, local wisdom, and right of traditionalcommunity which is related to environmental protection andmanagement in provincial level;

o.

manage environmental information in provincial level;p.

develop and socialize environmental friendly technologyutilization;

q.

give education, training, capacity development, and award;r.

issue environmental license in provincial level; and

s.

do environmental law enforcement in provincial level.(3)

In regard of environmental protection and management, government of

regency/city has duty and authority to:a.

determine policy in regency/city level;b.

determine and implement SEA in regency/city level;c.

determine and implement policy regarding RPPLH in regency/city;d.

determine and implement policy regarding AMDAL and UKL-UPL;e.

implement inventory of natural resource and gas emission of glass housein regency/city level;

f.

develop and implement cooperation and partnership;g.

develop and implement environmental instrument;

h.

facilitate dispute completion;i.

do capacity development and inspection of obedience of person in

charge of effort and/or activity toward environmental licensedetermination and law regulation;

j.

do minimal service standard;

k.

implement policy regarding procedure of traditional communityexistence acknowledgement, local wisdom, and right of traditionalcommunity which is related to environmental protection andmanagement in regency/city level;

l. manage environmental information in regency/city level;


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m.

develop and implement policy of environmental information system inregency/city level;

n.

give education, training, capacity development, and award;o.

issue environmental license in regency/city level; and

p.

do environmental law enforcement in regency/city level.

Article 64Duty and authority of Government as meant in Article 63 paragraph (1) isimplemented and/or coordinated by Minister.

CHAPTER XRIGHT, OBLIGATION, AND PROHIBITION

Part OneRight

Article 65(1) Everybody has right of good and healthy environment as part of human

right.(2) Everybody has right to get environmental education, information access,

participation access, and fairness access in fulfilling the environmentalright of good and healthy environment.

(3) Everybody has right to raise a suggestion and/or objection to plan of effortand/or activity which is predicted to make impact for environment.

(4) Everybody has right to take a part in environmental protection and

management according to law regulation.(5) Everybody has right to do complaint caused by prediction of environmental

pollution and/or damage.(6) Further determination regarding procedure of complaint as meant in

paragraph (5) is ordered by Minister Regulation.

Article 66Everybody who fights for right of good and healthy environment cannot beprosecuted in accordance with criminal or accused in accordance with civil.

Part TwoObligation

Article 67Everybody has obligation to maintain perpetuation of environmental functionand environmental pollution and/or damage control.

Article 68Everybody who does effort and/or activity has obligation to:a. give information which is related to environmental protection and

management truly, accurately, openly, and on time;


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b. keep the continuity of environmental function; andc. obey determination regarding environmental quality standard and/or

standard criteria of environmental damage.

Part Three

Prohibition

Article 69(1) Everybody is prohibited to:

a.

do activity that makes environmental pollution and/or damage;b.

put in toxic and hazardous material which is prohibited according to lawregulation into Republic Indonesia;

c.

put in waste which is from outer place of Republic Indonesia intoenvironment of Republic Indonesia;

d.

put in toxic and hazardous waste into Republic Indonesia;

e. dumping waste into environmental media;

f.

dumping toxic and hazardous material and toxic and hazardous wasteinto environmental media;

g.

release artificial genetic product genetic into environmental mediawhich is contradicted with law regulation or environmental license;

h.

do land opening by burning it;i.

arrange AMDAL without having certification of AMDAL arrangementcompetition; and/or

j.

give information which is counterfeiting, mislead, information restitution,information damage, or give incorrect information.

(2) Determination as meant in paragraph (1) point h considers well the localwisdom in each areas.

CHAPTER XICOMMUNITY’S INVOLVEMENT

Article 70(1)

Community has equal and wide right and chance to involve actively inenvironmental protection and management.

(2) Community’s involvement can be:

a.

social inspection;b.

giving suggestion, opinion, objection, complaint; and/or

c.

information delivery and/or reporting.(3)

Community’s involvement is done to:a.

increase awareness in environmental protection and management;

b.

increase independence, communit y’s empowering, and partnership;c.

increase ability and initiation of community;d.

increase immediately-perceptive of community to do social inspection;and


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(3)

Person in charge of effort and/or activity is prohibited to hinder theduty implementation of environmental inspector officer.

Article 75Further determination regarding procedure of investiture for environmental

inspector officer and procedure of inspection implementation as meant inArticle 71 paragraph (3), Article 73, and Article 74 is ordered by GovernmentRegulation

Part TwoAdministrative Sanction

Article 76(1)

Minister, governor, or regent/mayor applies administrative sanction toperson in charge of effort and/or activity if in inspection the

disobedience of environmental license is found.

(2)

Administrative sanction consists of:a. written warning;b. governmental compulsion;c. environmental license congealing; or

d. environmental license revoking.

Article 77Minister can apply administrative sanction to person in charge of effortand/or activity if Government deems local government intentionally does not

apply administrative sanction to serious disobedience of environmentalprotection and management.

Article 78Administrative sanction as meant in Article 76 does not discharge the personin charge of effort and/or activity from responsibility of recovery and criminalaction.

Article 79Imposition of administrative sanction as environmental license congealing orrevoking as meant in 76 paragraph (2) point c and point d is done if person

in charge of effort and/or activity does not implement governmentalcompulsion.

Article 80(1)

Governmental compulsion as meant in Article 76 paragraph (2) point b

can be:a. stop production activity temporary;b. production facility removal;c. close waste or emission dumping channel;d. demolition;


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e. seizure goods or tools that has potency to make disobedience;f. stop all activity temporary; or

g. other action which has goal to stop disobedience and action torecovery environmental function.

(2)

Imposition of Governmental compulsion can be given without any

warning first if disobedience that is done causes:a. serious threat for human and environment;b.

bigger and wider impact if it is not immediately stopped of itspollution and/or damage; and/or

c.

bigger loss for environment if it is not immediately stopped of itspollution and/or damage.

Article 81Every person in charge of effort and/or activity who does not implementgovernmental compulsion can get fine of every delay of governmental

compulsion implementation.

Article 82(1) Minister, governor, or regent/mayor has authority to force person in

charge of effort and/or activity to do environmental recovery which is

caused by environmental pollution and/or damage that is done.(2) Minister, governor, or regent/mayor has authority or can appoint third

party to do environmental recovery which is caused by environmentalpollution and/or damage that is done with cost is in person in charge’sresponsibility.

Article 83

Further determination regarding administrative sanction is ordered byGovernment Regulation.

CHAPTER XIIIENVIRONMENTAL DISPUTE COMPLETION

Part OneGeneral

Article 84(1) Environmental dispute completion can be done through court or outside of

court.(2) Option of environmental dispute completion is done in accordance with

pleasure by parties who have dispute.

(3) Accusation through court can be done if chosen solving effort outsidecourt is stated failed by one or parties who have dispute.


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Part TwoEnvironmental Dispute Completion out Side Court

Article 85

(1) Environmental dispute completion outside court is done to reach

agreement of:a. form and bigness of claim damage;b.

recovery action caused by pollution and/or damage;c.

certain action to guarantee there is no repeat of pollution and/ordamage; and/or

d.

action to prevent negative impact for environment.(2) Dispute completion outside court is not prevailing toward environmental

criminal action as ordered in this Law.(3) In solving the environmental dispute outside court the mediator service

and/or arbiter can be used to assist finishing the environmental dispute.

Article 86(1)

Community can establish provider institution of environmental disputecompletion which is independent and non block.

(2)

Government and local government can facilitate establishment of providerinstitution of environmental dispute completion which is independent andnon block.

(3)

Further determination regarding provider institution of environmental

dispute completion is ordered by Government Regulation.

Part Three

Environmental Dispute Completion through Court

Paragraph 1Claim Damage and Environmental Recovery

Article 87(1) Every person in charge of effort and/or activity who does law

disobedience like environmental pollution and/or damage whichcauses loss to other person or environment shall pay claim damageand/or do certain action.

(2)

Everybody who does taking over, change of character and form of

business activity and/or activity from a business organization whichdisobeys the law does not release law responsibility and/or obligationof the said business organization

(3)

Court can determine payment of compulsion money to every single

delay of implementation of court’s decision.(4)

Bigness of compulsion money is decided based on law regulation.


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Paragraph 2Absolute Responsibility

Article 88Everybody with their action, effort, and/or activity uses toxic and hazardous

material, makes result and/or manages toxic and hazardous waste, and/orcauses serious threat to environment has absolute responsibility of loss whichoccurs without any needing evidence of fault aspect.

Paragraph 3Expiration Date to Accusation Submission

Article 89(1) Expiration date to submit accusation to court follows the expiration date

as determined in determination of Civil Code and calculated from

cognizance of environmental pollution and/or damage.

(2) Determination regarding expiration date is not prevailing to environmentalpollution and/or damage which caused by effort and/or activity that usesand/or manages toxic and hazardous material and makes result and/ortoxic and hazardous waste.

Paragraph 4

Accusation Rightful of Government and Local Government

Article 90(1) Governmental institution and local government who is responsible in

environmental division has authority to submit accusation of claimdamage and certain action to effort and/or activity which causesenvironmental pollution and/or damage and environmental loss.

(2) Further determination regarding environmental loss as meant inparagraph (1) is further ordered by Minister Regulation.

Paragraph 5Accusation Rightful of Community

Article 91(1)

Community has right to submit accusation of group representative for his

own necessity and/or for community’s necessity if there is a loss caused byenvironmental pollution and/or damage.

(2)

Accusation can be submitted if there is similarity fact or occurrence, law

base, and kind of pursuit among group representative and members of itsgroup.

(3)

Determination regarding Accusation Rightful of Community is implementedaccording to law regulation.


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Paragraph 6Accusation Rightful of Environmental Organization

Article 92(1) In order to implement responsibility of environmental protection and

management, environmental organization has right to submit accusation fornecessity of environmental function perpetuation.

(2) Right to submit accusation is limited on pursuit to do certain action withoutany claim damage, except fee or real expense.

(3) Environmental organization can submit accusation if has fulfilledconditions:a. in form of law body;b. clarify in its base budget that the said organization has been established

for necessity of environmental function perpetuation; andc. has implemented real activity according to its base budget at least 2

(two) years.

Paragraph 7Administrative Accusation

Article 93(1) Everybody can submit accusation to decision of state administration

if:a.

body or officer of state administration issues environmental license toeffort and/or activity which must be AMDAL but it is not completed by

AMDAL document;b.

body or officer of state administration issues environmental license to

activity which must be UKL-UPL, but it is not completed by document ofUKL-UPL; and/or

c.

body or officer of state administration that issues environmental licensefor effort and/or activity which is not completed by environmentallicense.

(2) Procedure of accusation submission to decision of state administration refersto Procedure Law of State Administration.

CHAPTER XIVINVESTIGATION AND VERIFICATION

Part OneInvestigation

Article 94(1) Besides of police officer of investigation of Republic Indonesia, certain

government officer in environment of government institution which dutyand responsibility in division of environmental protection and


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management has given authority as investigator as meant in CriminalProcedure Law to do investigation of environmental criminal action.

(2) Investigation officer of government staff has authority to:a.

do investigation of truth of report or information regarding criminal

action in division of environmental protection and management;b.

do investigation to everybody who is supposed to do criminal action indivision of environmental protection and management;

c.

ask information and evidence from everybody regarding occurrence ofcriminal action in division of environmental protection andmanagement;

d.

do investigation of book keeping, notification, and other documentregarding criminal action in division of environmental protection andmanagement;

e.

do investigation in certain place where is supposed to be an evidence,book keeping, notification, and other document;

f.

do seizure to material and goods of disobedience which can be enevidence in occurrence of criminal action in division of environmentalprotection and management;

g.

ask a help from expert in order to implement duty of criminal actioninvestigation in division of environmental protection and management;

h.

stop investigation;i.

enter certain place, take picture, and/or make audio visual record; j.

do raid to body, cloth, room, and/or other place which is supposed to

be a place of criminal action has been done; and/ork.

arrest and intercept doer of criminal action.

(3) In doing arrest and intercept as meant in paragraph (2) point k,

investigation officer of government staff has coordination withinvestigation police officer of Republic Indonesia.

(4) In regard of investigation officer of government staff is doing investigation,investigation officer of government staff informs to investigation policeofficer of Republic Indonesia and investigation police officer of RepublicIndonesia gives assistance for investigation smoothness.

(5) Investigation officer of government staff informs the start of investigationto public prosecutor with copy to investigation police officer of RepublicIndonesia.

(6) Investigation result that has been done by investigation officer ofgovernment staff will be sent to public prosecutor.

Article 95(1)

In order of law enforcement toward doer of environmental criminal action,integrated law enforcement can be done between investigation officer of

government staff, police, and prosecution office under coordination ofMinister.

(2)

Further determination regarding implementation of integrated law

enforcement is ordered by law regulation.


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Part TwoVerification

Article 96Legal evidence in pursuit of environmental criminal action consists of:

a.

information of witness;b. information of expert;c.

letter;d.

guidance;e.

information of defendant; and/orf.

other evidence, including evidence which is ordered in law regulation.

CHAPTER XVCRIMINAL PROVISION

Article 97Criminal action in this law is as crime.

Article 98(1)

Everybody who is intentionally doing action which causes pass ofambient air quality standard, water quality standard, sea waterquality standard, or standard criteria of environmental damage will bepunished by imprisonment minimum 3 (three) years and maximum 10(ten) years and fine minimum Rp 3,000,000,000.00 (three billion

rupiah) and maximum Rp10,000,000,000.00 (ten billion rupiah).(2)

If action as meant in paragraph (1) causes person injured and/or

danger of human health, will be punished by imprisonment minimum4 (four) years and maximum 12 (twelve) years and fine minimum Rp4,000,000,000.00 (four billion rupiah) and maximum Rp12,000,000,000.00 (twelve billion rupiah).

(3)

If action as meant in paragraph (1) causes person in heavy injured ordeath, will be punished by imprisonment minimum 5 (five) years andmaximum 15 (fifteen) years and fine minimum Rp 5,000,000,000.00(five billion rupiah) and maximum Rp 15.000.000.000, 00 (fifteen billionrupiah).

Article 99

(1)

Everybody that because of his negligent causes pass of ambient airquality standard, water quality standard, sea water quality standard,or standard criteria of environmental damage, will be punished by

imprisonment minimum 1 (one) years and maximum 3 (three) yearsand fine minimum Rp1,000,000,000.00 (one billion rupiah) andmaximum Rp3,000,000,000.00 (three billion rupiah).

(2)

If action as meant in paragraph (1) causes person injured and/ordanger of human health, will be punished by imprisonment minimum


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2 (two) years and maximum 6 (six) years and fine minimum Rp2,000,000,000.00 (two billion rupiah) and maximum Rp

6,000,000,000.00 (six billion rupiah).(3)

If action as meant in paragraph (1) causes person in heavy injured or

death, will be punished by imprisonment minimum 3 (three) years

and maximum 9 (nine) years and fine minimum Rp 3,000,000,000.00(three billion rupiah) and maximum Rp 9,000,000,000.00 (nine billionrupiah).

Article 100(1)

Everybody who disobeys waste water quality standard, emissionquality standard, or disturbance quality standard will be punished byimprisonment maximum 3 (three) years and fine maximum Rp3,000,000,000.00 (three billion rupiah).

(2)

Criminal action as meant in paragraph (1) can only be given if

administrative sanction that has been given has not been obeyed or

disobedience has been done more than one time.

Article 101Everybody who releases and/or circulates artificial genetic product into

environmental media which is contradiction with la regulation orenvironmental license as meant in Article 69 paragraph (1) point g will bepunished by imprisonment minimum 1 (one) years and maximum 3 (three) years and fine minimum Rp 1,000,000,000.00 (one billion rupiah) andmaximum Rp 3,000,000,000.00 (three billion rupiah).

Article 102

Everybody who does toxic and hazardous waste management withoutlicense as meant in Article 59 paragraph (4) will be punished byimprisonment minimum 1 (one) years and maximum 3 (three) years andfine minimum Rp 1,000,000,000.00 (one billion rupiah) and maximum Rp3,000,000,000.00 (three billion rupiah).

Article 103Everybody who makes result of toxic and hazardous waste and does not domanagement as meant in Article 59 will be punished by imprisonment

minimum 1 (one) years and maximum 3 (three) years and fine minimum Rp1,000,000,000.00 (one billion rupiah) and maximum Rp 3,000,000,000.00

(three billion rupiah).

Article 104Everybody who does waste and/or material dumping into environmental mediawithout license as meant in Article 60 will be punished by imprisonmentmaximum 3 (three) years and fine maximum Rp 3,000,000,000.00 (threebillion rupiah).


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Article 105Everybody who puts in the waste into Republic Indonesia as meant in Article

69 paragraph (1) point c will be punished by imprisonment minimum 4 (four) years and maximum 12 (twelve) years and fine minimum Rp

4,000,000,000.00 (four billion rupiah) and maximum Rp

12,000,000,000.00 (twelve billion rupiah).

Article 106Everybody who puts in toxic and hazardous waste into Republic Indonesia asmeant in Article 69 paragraph (1) point d will be punished by imprisonmentminimum 5 (five) years and maximum 15 (fifteen ears and fine minimumRp 5,000,000,000.00 (five billion rupiah) and maximum Rp15,000,000,000.00 (fifteen billion rupiah).

Article 107Everybody who puts in toxic and hazardous material which is prohibited by

law regulation into Republic Indonesia as meant in Article 69 paragraph (1)point be will be punished by imprisonment minimum 5 (five) years andmaximum 15 (fifteen) and fine minimum Rp 5,000,000,000.00 (five billionrupiah) and maximum Rp 15,000,000,000.00 (fifteen billion rupiah).

Article 108Everybody who does land burning as meant in Article 69 paragraph (1) pointh will be punished by imprisonment minimum 3 (three) years andmaximum 10 (ten) and fine minimum Rp 3,000,000,000.00 (three billion

rupiah) and maximum Rp 10,000,000,000.00 (ten billion rupiah).

Article 109Everybody who does effort and/or activity without having environmentallicense as meant in Article 36 paragraph (1) will be punished by imprisonmentminimum 1 (one) years and maximum 3 (three) and fine minimum Rp1,000,000,000.00 (one billion rupiah) and maximum Rp 3,000,000,000.00(three billion rupiah).

Article 110Everybody who arranges AMDAL without having certificate of AMDAL

arrangement competency as meant in Article 69 paragraph (1) point i will bepunished by imprisonment maximum 3 (three) years and fine maximum Rp

3,000,000,000.00 (three billion rupiah).

Article 111(1)

Officer who gives environmental license who issues environmentallicense without completion of AMDAL or UKL-UPL as meant in Article37 paragraph (1) will be punished by imprisonment maximum 3 (three) years and fine maximum Rp 3,000,000,000.00 (three billion rupiah).

(2) Officer who gives license of effort and/or activity who issues license


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and/or activity without completion of environmental license as meantin Article 40 paragraph (1) will be punished by imprisonment

maximum 3 (three) years and fine maximum Rp 3,000,000,000.00(three billion rupiah).

Article 112Every officer who has authority intentionally does not do inspection toobedience of person in charge of effort and/or activity according to lawregulation and environmental license as meant in Article 71 and Article72, which causes environmental pollution and/or damage that causes

human’s death, will be punished by imprisonment maximum 1 (one) yearsand fine maximum Rp 500,000,000.00 (five hundred million rupiah).

Article 113Everybody who gives counterfeit information, mislead, missing

information, damage information, or gives wrong information in regard of

inspection and law enforcement of environmental protection andmanagement as meant in Article 69 paragraph (1) point j will be punishedby imprisonment maximum 1 (one) years and fine maximumRp1.000.000.000,00 (one billion rupiah).

Article 114Every person in charge of effort and/or activity who does not implement

government’s enforcement will be punished by imprisonment maximum 1(one) years and fine maximum Rp1.000.000.000,00 (one billion rupiah).

Article 115

Everybody who intentionally prevents, hinders, or fails implementation of dutyof environmental inspection officer and/or investigation officer of governmentwill be punished by imprisonment maximum 1 (one) years and finemaximum Rp 500,000,000.00 (five hundred million rupiah).

Article 116(1)

If environmental criminal action is done by, for, or on behalf of businessactivity, criminal pursuit and criminal sanction is given to:

a.

business activity; and/or(2)

person who gives instruction to do the said criminal action or person as

chairperson of activity in the said criminal action.(3)

If environmental criminal action as meant in paragraph (1) is done byperson, which is based on work relationship or other relationship who

works in scope of law body, criminal sanction is given to instruction giveror chairperson in the said criminal action without considering the saidcriminal action has been done by himself or together.


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Article 117If criminal pursuit is submitted to instruction giver or chairperson in the

criminal action as meant in Article 116 paragraph (1) point b, criminal threatthat is given is as imprisonment and fine which is one-third higher.

Article 118 Toward criminal action as meant in Article 116 paragraph (1) point a,criminal sanction is given to law body which is representative byauthorized manager representatives inside and outside court according tolaw regulation as functional doer.

Article 119Besides of criminal as meant in this Law, to law body the additional criminalcan be given or action role as:a.

seizure of profit which is taken from criminal action;

b. close all or part of place of effort and/or activity;

c.

repair effect of criminal action;d.

make compulsory of doing anything which is neglected without right;and/or

e.

placement company under guardianship maximum 3 (three) year.

Article 120(1) In implementing determination as meant in Article 119 point a, point

b, point c, and point d, prosecutor is coordinated with institution whois responsible in division of environmental protection and

management to implement execution.(2)

In implementing determination as meant in Article 119 point e,

Government has authority to manage law body which sanction ofplacement company under guardianship to implement court’s decisionthat has a fix law enforcement.

CHAPTER XVITRANSFER STIPULATION

Article 121(1) In time of prevailing this Law, maximum 2 (two) years, every effort and/or

activity which has license of effort and/or activity but still does not have

yet AMDAL document shall complete environmental audit.(2) In time of prevailing this Law, maximum 2 (two) years, every effort and/or

activity which has license of effort and/or activity but still does not have

yet UKL-UPL shall make document of environmental management.

Article 122(1) In time of prevailing this Law, maximum 1 (one) year, every arranger of

AMDAL shall have certificate of AMDAL arranger competency.


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Promulgated in JakartaOn

MINISTER OF LAW AND HUMAN RIGHT OF REPUBLIC INDONESIA,

ANDI MATTALATTA

STATE GAZETTE OF REPUBLIC OF INDONESIA OF …… NUMBER …….

1. Law_2009_32_Environmental Protection and Managament

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