to Indonesian
Article 5 sub-article (1), Article 20 sub-article (1) and Article 33 sub-article (3) of the Constitution of 1945;
With the Approval of
THE HOUSE OF PEOPLE'S REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
THE LAW ON ENVIRONMENTAL MANAGEMENT
Referred to in this law as:
The scope of Indonesia's environment shall encompass the space where the Unitary State of the Republic of Indonesia with an Archipelagic Concept exercises its sovereignty, sovereign rights and jurisdiction.
Environmental management undertaken under the principles of state's responsibility, sustainability and benefits shall be aimed at translating into reality sustainable development underlined by an environmental concept in the framework of building up an Indonesian person as a totality and the Indonesian society as a whole with a faith in and devotion to God the Almighty.
The targets of environmental management shall be:
(1) Everybody shall be equally entitled to a good and healthy environment.
(2) Everybody shall be entitled to information about the environment linked with the role in environmental management.
(3) Everybody shall be entitled to play a role in the framework of environmental management pursuant to the prevailing laws.
(1) Everybody shall be obligated to maintain the sustainability of the functions of the environment and prevent and overcome environmental pollution and damage.
(2) Everybody undertaking a business and/or activity shall be obligated to provide correct and accurate information about environmental management.
(1) The community shall have equal and widest opportunities to play a role in environmental management.
(2) The provision in sub-article (1) above shall be enforced by means of:
(1) Natural resources shall be controlled by the state and used to the maximum for the prosperity of the people and the regulation shall be stipulated by the government.
(2) To implement the provision as meant in sub-article (1), the government shall:
(3) The provisions as meant in sub-article (2) shall be further regulated in a government regulation.
(1) The government shall stipulate a national policy on environmental management and spatial layout and at the same time continue to take into account religious values, customs and mores and the values prevailing in the community.
(2) Environmental management shall be implemented in an integrated manner by government agencies in accordance with their respective tasks and responsibility and by other agents of development with account being taken of the integratedness of planning and the implementation of the national policy on environmental management.
(3) It is obligatory that environmental management should be integrated with spatial layout, non-biological natural resources protection, man-made resources protection, the conservation of biological natural resources and their ecosystem, cultural reserves, biological diversity and climatic changes.
(4) The integration between planning and implementation of a national policy on the environment, as meant in sub-article (2), shall be coordinated by the Minister.
In the framework of environmental management, the government shall be obligated to:
(1) Environmental management at the national level shall be undertaken in integrated manner by institutional apparatus coordinated by the Minister.
(2) The provisions on the tasks, functions, authority and organizational structure as well as the institutional working system as meant in sub-article (1) shall be further regulated in a presidential decree.
(1) To translate into reality the integratedness and harmony in the implementation of a national policy on environmental management, the government may, on the basis of the laws:
(2) Further provisions as meant in sub-article (1) shall be regulated by the laws.
(1) In the framework of implementing environmental management, the government may hand over some of the matters to a regional administration so that these shall become the regional administration's internal affairs.
(2) The handing over of the matters as meant in sub-article (1) shall be stipulated in a government regulation.
(1) To guarantee the conservation of the functions of the environment, every business and/or activity shall be prohibited to violate environmental quality standards and standard criteria of environmental damage.
(2) Provisions on environmental quality standards, the prevention and management of pollution and the recovery of the accommodating capacity of the environment shall be regulated in a government regulation.
(3) Provisions on the standard criteria of environmental damage, the prevention and management of the damage and the recovery of the supporting capacity of the environment shall be regulated in a government regulation.
(1) Every plan of a business and/or activity which is likely to exerts a major and significant impact on the environment shall be obligated to have an analysis on environmental impacts.
(2) Provisions on the plan of a business and/or activity exerting a major and significant impact on the environment, as meant in sub-article (1) and the procedure for the drawing up and evaluation of an analysis on environmental impacts shall be stipulated in a government regulation.
(1) Every party responsible for a business and/or activity shall be obligated to treat the waste generated by their business and/or activity.
(2) The party responsible for a business and/or activity as meant in sub-article (1) may leave the treatment of the waste to another party.
(3) Enforcement provisions of this article shall be regulated further in a government regulation.
(1) Every party responsible for a business and/or activity shall be obligated to treat hazardous and toxic substances.
(2) The management of hazardous and toxic substances shall encompass: production, transportation, distribution, storing, use and/or disposal.
(3) Further provisions on the management of hazardous and toxic substance shall be regulated further in a government regulation.
(1) Every business and/or activity exerting a major and significant impact on the environment shall be obligated to have an analysis on environmental impacts in order to obtain a license for the operation of the business and/or activity.
(2) The license for the operation of the business and/pr activity as meant in sub-article (1) shall be granted by an authorized official pursuant to the prevailing laws.
(3) The requirements and obligations with respect to efforts to control impacts on the environment shall be set forth in the license as meant in sub-article (1).
(1) It is obligatory that:
(2) It is obligatory that a decision on the license to operate a business and/or activity should be announced.
(1) Without a decision on the license, everybody shall be prohibited to dump waste to environmental media.
(2) Everybody shall be prohibited to dump waste originating in outside the territory of Indonesia into the environmental media of Indonesia.
(3) The authority to issue or reject an application for a license as meant in sub-article (1) shall rest with the Minister.
(4) The dumping of waste into the environmental media as emant in sub-article (1) can be conducted only at a dumping location stipulated by the Minister.
(5) Technical directives for this article shall be further stipulated by provisions of laws.
Everybody shall be prohibited to import the waste of hazardous and toxic substances.
(1) The Minister shall undertake supervision over compliance of the party responsible for a business and/or activity with the provisions already stipulated in the laws in the environmental area.
(2) To undertake the supervision as meant in sub-article (1), the Minister may stipulate an official authorized to undertake the supervision.
(3) In the event that the supervisory authority is granted to a regional administration, the head of the region shall stipulate officials authorized to undertake the supervision.
Control over the impacts on the environment as a means of supervision shall be exercised by an institute set up specially for this purpose by the government.
(1) To implement his tasks, the supervisor as meant in Article 22 shall be authorized to monitor, request for information, make copies of documents and/or make the necessary notes, enter particular places, collect sample, examine instruments, examine installation and/or transportation means, and request for information from the party responsible for a business and/or activity.
(2) The party responsible for a business and/or activity from whom information is requested as meant in sub-article (1) shall be obligated to fulfill the request made by the supervisory officer pursuant to the prevailing laws.
(3) Every supervisor shall be obligated to produce a letter of assignment and/or an identity card and shall be obligated to take into account the situation and the condition of the place where supervision is undertaken.
(1) The governor/head of a first-level region shall be authorized to take a governmental act of distress against the party responsible for a business and/or activity in order to prevent and end any violation, and manage the result arising from a violation, and to take acts of rescue, management and/or recovery with the expenses to be borne by the party responsible for the business and/or activity, unless the law stipulates otherwise.
(2) The authority as meant in sub-article (1) may be granted to regents/municipality heads/heads of second-level regions by virtue of a regulation of a first-level region.
(3) Interested third parties shall be entitled to file an application to authorized officials to undertake a governmental act of distress as meant in sub-articles (1) and (2).
(4) The governmental act of distress as meant in sub-articles (1) and (2) shall be preceded by a letter of instruction from an authorized official.
(5) Acts of rescue, management and/or recovery as meant in sub-article (1) may be replaced by the payment of a particular amount of money.
(1) The procedure for the stipulation of the charges as meant in Article 25 sub-articles (1) and (5) and the collection of the charges shall be stipulated in a law.
(2) In the event that the law as meant in sub-article (1) has not been devised, the implementation shall be effected through a legal act on the basis of the prevailing laws.
(1) Certain violation may be subject to a sanction in the form of the revocation of a license for the operation of a business and/or activity.
(2) The head of a region may file a proposal for the revocation of a license for the operation of a business and/or activity to an authorized official.
(3) An interested party may file an application to an authorized official to the effect that a particular license for the operation of a business and/or activity should be revoked because of harming his interests.
In the framework of promoting the performance of a business and/or activity, the government encourages a party responsible for a business and/or activity to conduct an environmental audit.
(1) The Minister shall be authorized to instruct a party responsible for a business and/or activity to undertake an environmental audit if the party concerned shows non-compliance with the provisions regulated in this law.
(2) The party responsible for a business and/or activity who is instructed to undertake an environmental audit shall be obligated to carry out the instruction as meant in sub-article (1).
(3) If the party responsible for a business and/or activity fails to carry out the instruction as meant in sub-article (t), the Minister may implement or assign a third party to implement the environmental audit as meant in sub-article (1) with the expenses to be borne by the party responsible for the business and/or activity concerned.
(4) The amounts of the expenses as meant in sub-article (3) shall be stipulated by the Minister.
(5) The Minister shall announce the results of an environmental audit as meant in sub-article (1).
(1) The settlement of an environmental dispute may be sought through the court or outside the court on the basis of the voluntary option of the disputing parties.
(2) The settlement of a dispute outside the court as meant in sub-article (1) shall not apply to a criminal act on the environment as regulated in this law.
(3) If an attempt to settle an environmental dispute outside the court has been opted for, a lawsuit through the court can be resorted to only if the said attempt has been declared unsuccessful by one or both of the disputing parties.
The settlement of an environmental dispute outside the court shall be sought for in order to reach an agreement on the form and the amount of the compensation and/or on certain acts to guarantee that adverse impacts on the environment shall not occur or recur.
In settling an environmental dispute outside the court as meant in Article 31, use may be made of the service of a third party, either not having or having an authority to make a decision, in order to help settle the environmental dispute.
(1) The government and/or the community may set up an independent and impartial institute providing services in the settlement of environmental disputes.
(2) Provisions on providers of services in the settlement of environmental disputes shall be further regulated in a government regulation.
(1) Any criminal offence in the form of environmental pollution and/or damage inflicting losses to other people or the environment shall obligate the party responsible for the business and/or activity to pay compensation and/or take a particular action.
(2) In addition to the obligation to take a particular action as meant in sub-article (t), the judge may stipulate the payment of distress money on each day of lateness in the performance of the said particular action.
(1) The party responsible for the business and/or activity whose business and activity exerts a major and significant impact on the environment, that uses hazardous and toxic substances and/or produces hazardous and toxic substances, shall assume absolute responsibility for the losses inflicted, with an obligation to pay compensation directly and immediately when the environmental pollution and/or damage occurs.
(2) The party responsible for the business and/or activity may be exempted from the obligation to pay compensation as meant in sub-article (1) if the party concerned may prove that the environmental pollution and/or damage is caused by one of the following:
(3) In the event that losses are inflicted because of a third party as meant in sub-article (2) letter c, the third party shall be responsible for the payment of compensation.
(1) The expiration interval of the right to file a lawsuit to the court shall be in conformity with the interval as regulated in a provision in the prevailing civil procedural law and shall be calculated as from the time when the victim knows of the occurrence of environmental pollution and/or damage.
(2) The provision on the expiration interval as meant in sub-article (1) shall not apply with respect to environmental pollution and/or damage caused by a business and/or activity which uses hazardous and toxic substances and/or produces hazardous and toxic substances.
(1) The community shall have the right to file a lawsuit in representation to the court of law and/or report to law enforcers various environmental problems harming the life of the community.
(2) If it is known that the community suffers the impacts of environmental pollution and/or damage in such a way that the main livelihood of the community is affected, government agencies responsible for environmental affairs may take action in the interest of the community.
(3) Further provisions as meant in sub-article (2) shall be regulated in a government regulation.
(1) In the framework of performing the responsibility in environmental management in conformity with the pattern of partnership, environmental organizations shall be entitled to file a lawsuit in the interest of the conservation of the function of the environment.
(2) The right to file a lawsuit as meant in sub-article (1) shall be limited to the demand for the right to take a particular action without any demand for compensation, with the exception of real expenses or spending.
(3) Environmental organizations shall be entitled to file a lawsuit as meant in sub-article (1) if the following requirements are fulfilled:
The procedure for the filing of a lawsuit in environmental matters by individuals, the community and/or environmental organizations shall refer to the prevailing civil procedural law.
(1) Besides investigating officers of the Police of the State of the Republic of Indonesia, certain civilian civil servant officials within government agencies whose scope of duties and responsibility lies in the area of environmental management shall be specially authorized to serve as investigators as meant in the prevailing civil procedural law.
(2) Civilian civil servant investigating officials as meant in sub-article (1) shall be authorized to:
(3) Civilian civil servant investigating officials as meant W sub-article (1) shall notify investigating officers of the Police of the State of the Republic of Indonesia of the commencement and the result of the investigation.
(4) Civilian civil servant investigating officials as meant in sub-article (1) shall submit the result of the investigation to the public prosecutor through investigating officers of the Police of the State of the Republic of Indonesia.
(5) Investigation into an environmental criminal offence in Indonesian waters and in the exclusive economic zone shall be conducted by an investigator pursuant to the prevailing laws.
(1) Whoever intentionally against the law commit an act which may result in environmental pollution and/or damage shall be subject to a maximum of 10 (ten) years of imprisonment and a maximum fine of Rp.500,000,000.00 (five hundred million rupiahs).
(2) If a criminal offence as meant in sub-article (1) causes a person to die or be severely wounded, the perpetrator of the criminal offence shall be subject to a maximum of 15 (fifteen) years of imprisonment and a maximum fine of Rp.750,000,000.00 (seven hundred and fifty million rupiahs).
(1) Whoever because of his negligence commits an act which may result in environmental pollution and/or damage shall be subject to a maximum of 3 (three) years of imprisonment and a maximum fine of Rp.100,000,000.00 (a hundred million rupiahs).
(1) Whoever against the prevailing laws intentionally releases or dumps hazardous or toxic substances, energy and/or other components above or into the ground, into the air or into surface water, imports, exports, trades, transports, stores the said substances, operates dangerous installations, while in fact knowing or very reasonably suspecting that the said act may cause environmental pollution and/or damage or endangering public health or the lives of other people shall be subject to a maximum of 6 (six) years of imprisonment and a maximum fine of Rp.300,000,000.00 (three hundred million rupiahs).
(2) Subject to the same criminal punishment as that as meant in sub-article (1) shall be whoever intentionally provides false information or losing or hiding or distorting the information necessary in connection with the act as meant in sub-article (1), while in fact knowing or very reasonably suspecting that the said act may give rise to environmental pollution and/or damage or endanger public health or the lives of other people.
(3) If the criminal offence as meant in sub-articles (1) and (2) causes a person to die or be severely wounded, the perpetrator of the criminal offence shall be penalized with a maximum of 9 (nine) years of imprisonment and a maximum fine of Rp.450,000,000.00 (four hundred and fifty million rupiahs).
(1) Whoever in violation of the provisions of the prevailing laws commits, owing to his negligence, acts as meant in Article 43 shall be subject to a maximum of 3 (three) years of imprisonment and a maximum fine of Rp.100,000,000.00 (a hundred million rupiahs).
(2) If the criminal offence as meant in sub-article (1) causes a person to die or be several wounded; the perpetrator of the criminal offence shall be subject to a maximum of 5 (five) years of imprisonment and a maximum fine of Rp.150,000,000.00 (a hundred and fifty million rupiahs).
If the criminal offence as meant in this chapter is committed by or on behalf of a statutory body, a limited liability company, an association, a foundation or another organization, the criminal penalty of the fine shall be made heavier by one third.
(1) If the criminal offence as meant in this chapter is committed by or on behalf of a statutory body, a limited liability company, an association, a foundation or another organization, a criminal lawsuit shall be filed and a criminal sanction and a disciplinary act as meant in Article 47 imposed on both the said statutory body, limited liability company, association, foundation or other organization and on those giving an instruction for the said criminal offence to be committed or acting as the leader in the said offence or doing both.
(2) If the criminal offence as meant in this chapter is committed by or on behalf of a statutory body, a limited liability company, an association, a foundation or another organization and is committed by persons on the basis of both working and other relationships, acting within the scope of the statutory body, limited liability company, association, foundation or other organization, a criminal lawsuit shall be filed and a criminal sanction imposed on those giving an instruction or acting as the leader without considering whether these persons, on the basis of both working and other relationships, commit the criminal offence separately or jointly.
(3) If a criminal lawsuit is filed against a statutory body, a limited liability company, an association or another organization, summons for a court hearing and the summonses shall be addressed to the members of the executive board where they are domiciled or where they have their permanent jobs.
(4) If a criminal lawsuit filed against a statutory body, a limited., liability company, an association, a foundation or another organization, which at the time of the filing of the lawsuit is represented by those who are not in the executive board, the judge can pass an injunction that the members of the executive board themselves should appear themselves at the court.
Other than the criminal provisions as meant in the criminal code and in this law, perpetrators of environmental criminal offences may also be subject to disciplinary acts in the form of the following:
Criminal offences as meant in this chapter are crime.
(1) At the latest 5 (five) years after the promulgation of this law, every business and/or activity already granted a license shall be obligated to fulfill the requirements based on this law.
(2) As from the promulgation of this law it is prohibited to issue licenses for business and/or activities using imported hazardous and toxic waste.
When this law comes into force, all existing laws linked with environment management shall remain valid as long as they do not contradict this law and have not been replaced on the basis of this law.
With the enforcement of this law, Law No.4/1982 on basic provisions on environmental management (Statute Book of 1982 No.12, Supplement to Statute Book No.3215) shall be declared null and void.
This law shall take effect as from the date of promulgation.
In order that everyone shall take cognizance, it is ordered to promulgate this Act by its placement in the State Gazette of The Republic Indonesia.
Validated in Jakarta
On September 19, 1997
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
sgd.
SOEHARTO
Promulgated in Jakarta
On September 19, 1997
THE MINISTER/STATE SECRETARY OF THE REPUBLIC OF INDONESIA
sgd.
MOERDIONO
STATUTE BOOK OF THE REPUBLIC OF INDONESIA No.1997 No.68
ELUCIDATION ON LAW No.23/1997
ON ENVIRONMENTAL MANAGEMENT