LAW OF THE REPUBLIC OF INDONESIA

NUMBER 32 OF 2009

ABOUT

ENVIRONMENTAL PROTECTION AND MANAGEMENT

BY THE GRACE OF GOD ALMIGHTY

PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering:

a. that the good environment and healthy life is the rights of every citizen of Indonesia as mandated in Article 28H of the Constitution Republic of Indonesia Year 1945;

b. that the national economic development as mandated by the Constitution of the State Republic of Indonesia Year 1945 is held based on the principles of sustainable development and environmentally sound;

c. that the spirit of regional autonomy in the administration Government of the Republic of Indonesia has brought change in the relationship of authority between Government and local governments, including in the field of environmental protection and management;

d. that declining environmental quality increasingly has threatened the continuity of life of humans and other living creatures that it is a need to conduct environmental protection and management seriously and consistently by all stakeholders;

e. that increasing global warming as the result of climate change is so aggravating that it declines the environmental quality, hence it is necessary to undergo environmental protection and management;

f. that in order to ensure legal certainty and provide protection to the rights of every person to earn a good living and healthy environment as part of protection against whole ecosystem, it is necessary to review Law Number 23 Year 1997 on Environmental Management;

g. upon consideration of referred to in letter a, b, c, d, e, and f, it is necessary to form Law Law on Environment Protection and Management;

In view of: Article 20, Article 21, Article 28H Paragraph (1), and Article 33 paragraph (3) and paragraph (4) of the Constitution of the Republic Indonesia Year 1945;

With the approval of the Joint

HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA

And

PRESIDENT OF THE REPUBLIC OF INDONESIA

DECIDED:

Setting: LAW ON THE ENVIRONMENTAL PROTECTION AND MANAGEMENT.

CHAPTER I

GENERAL PROVISIONS

Article 1

In this Act the definition of s:

1. The environment is a unity with all things space, power, circumstances, and living creatures, including humans and their behavior, which affect nature itself, the continuity of livelihood, and human well-being and other living creatures.

2. Environmental protection and management is a systematic effort and integrated being done to preserve the environmental functions and prevent pollution and / or environmental damage life which includes planning, utilization, control, maintenance, supervision, and law enforcement.

3. Sustainable development is a conscious and planned integration of aspects environment, society, and economy in development strategy to ensure the environmental integrity and safety, ability, welfare, and quality of life of present and future generations.

4. The plan of environmental protection and management hereinafter abbreviated as RPPLH is a written plan that contains potential, environmental issues, as well as safeguard and management within a certain time.

5. Ecosystem is the order of elements of the environment which is holistic unity and mutual influence in shaping balance, stability, and productivity of the environment.

6. Preservation of environmental functions is a series of efforts to maintain the continuity of the carrying capacity and absorbing capacity of the environment.

7. Carrying capacity of the environment is the ability of the environment to support humans, other living creatures, and the balance of both.

8. Absorbing capacity is the capacity of the environment to absorb substances, energy, and / or other components that enter or are inserted into it.

9. Natural resources are environmental elements consisting of biological resources and the overall non-biological form unity of the ecosystem.

10. Strategic environmental assessment, hereinafter abbreviated as KLHS, is series analysis which is systematic, comprehensive, and participatory to ensure that the principles of sustainable development are followed and integrated in the development of a region and / or policies, plans, and / or programs.

11. Environmental impact analysis, hereinafter referred to as EIA, is an important study on the impact of a business and / or planned activities on the environment necessary for decision-making process regarding business and / or activities.

12. Efforts for handling environmental management and environmental monitoring, hereinafter called the UKL-UPL, are the management and monitoring of the business and / or activities that do not affect on the environment necessary for the process making decisions regarding business and / or activities.

13. Environmental quality standards are the size limits or levels of living beings, matter, energy, or components that exist or should exist and / or element pollutants existence in a certain source as an element of the environment.

14. Environmental pollution is entered or the inclusion living things, substances, energy, and / or other components into the environment by human activities that exceed environmental quality standards which has been determined.

15. Standard environmental damage criteria is the size limit changes in physical properties, chemical, and / or biological environment which can be tolerated by the environment to keep preserve its function.

16. Environmental damage is a cause of action of changes directly or indirectly on the physical properties, chemical, and / or biological environment that exceeds the standard criteria of environmental damage.

17. Environmental damage is a direct change and / or not directly on the physical properties, chemical, and / or biological environment that go beyond the standard criteria of environmental damage.

18. Conservation of natural resources is the management of natural resources to ensure prudent utilization and sustainability availability while maintaining and improving the quality values and diversity.

19. Climate change is the change in climate caused directly or indirectly by human activities that cause changes composition of the atmosphere globally and in addition it is also a change natural climate variability observed in the period that can be were compared.

20. Waste is the residue of a business and / or activities.

21. Hazardous and toxic materials, hereinafter abbreviated as B3 is a substance, energy, and / or other components due to the nature, concentration, and / or amount, either directly or indirectly, may pollute and / or damaging the environment, and / or endanger the environment, health, and survival humans and other living creatures.

22. Hazardous materials and toxic wastes, hereinafter referred to as Waste B3, are the residue of a business and / or activities that contain B3.

23. B3 waste management is an activity that includes a reduction, storage, collection, transportation, utilization, processing, and / or accumulation.

24. Dumping (disposal) is the activity of throwing, placing, and / or incorporate waste and / or material in amount, concentration, time, and specific locations with specific requirements to certain environmental media.

25. Environmental dispute is a dispute between two parties or more arising from the activities that have the potential and / or have an impact on the environment.

26. Environmental impact is the effect of changes in the environment life caused by a business and / or activities.

27. An environmental organization is a group of people who organized and is formed by the will of its own objectives and activities related to the environment.

28. An environmental audit is an evaluation conducted to assess compliance of those responsible for the business and / or activity of legal requirements and policies established by the government.

29. Ecoregion is a geographic area with similar climatic characteristics, soil, water, flora, and fauna native, as well as patterns of human interaction with nature which describes the integrity of natural systems and the environment.

30. Local knowledge is noble values that apply in the order of life society for, among others, protect and manage the environment sustainably.

31. Indigenous and tribal peoples are groups of people who are down generations living in certain geographic areas because of the bond on ancestral origin, the existence of a strong relationship with the environment life, as well as the existence of a value system that determines economic institutions, politics, society, and legality.

32. Each person is an individual or business entity, whether incorporated or not incorporated.

33. Economic instruments of environmental policy are a set of economy to encourage the Government, local government, or any people towards environment conservation.

34. Serious threat is the threat of a widespread impact on environment and cause public unrest.

35. Environmental permit is a permit granted to any person who conducts business and / or activities that must apply UKL-UPL within the framework of environmental protection and management as prerequisite for obtaining a business license and / or activities.

36. Business license and / or activity is a permit issued by an appropriate licensing body to do business and / or activities.

37. The central government, hereinafter called the Government, is the President Republic of Indonesia who holds the power of government in the State Republic of Indonesia as defined in the Constitution Republic of Indonesia Year 1945.

38. The local government is the governor, regent, or mayor, and the area as a component of the governments.

39. Minister is the minister who conducted the affairs of government in field of environmental protection and management.

CHAPTER II

PRINCIPLES, OBJECTIVES, AND SCOPE

Part One

Principle

Article 2

Protection and environmental management carried out by principles:

a. state responsibility;

b. preservation and sustainability;

c. harmony and balance;

d. integration;

e. benefits;

f. prudence;

g. justice;

h. ecoregions;

i. biodiversity;

j. polluter pays;

k. participatory;

l. local wisdom;

m. good governance; and

n. regional autonomy.

Part Two

Destination

Article 3

Environmental Protection and management aims to:

a. protect the territory of the Republic of Indonesia from pollution and / or damage to the environment;

b. ensure the safety, health, and human life;

c. ensure the continuity of life and preservation of living things ecosystems;

d. preserve the environmental functions;

e. achieve harmony, harmony, and balance the environment;

f. guarantee the fairness of the present generation and future generations front;

g. ensure compliance and protection of environmental rights as part of human rights;

h. controlling the use of natural resources wisely;

i. sustainable development; and

j. anticipate the global environmental issues.

Part Three

Scope

Article 4

Environmental Protection and management include:

a. planning;

b. utilization;

c. control;

d. maintenance;

e. supervision; and

f. law enforcement.

CHAPTER III

PLANNING

Article 5

Protection planning and environmental management implemented through the stages:

a. inventory of the environment;

b. ecoregions zoning; and

c. RPPLH preparation.

Part One

Environmental Inventory

Article 6

(1) Inventory of the environment as referred to in Article 5 letter a consists of an inventory of the environment:

a. national level;

b. island / archipelago level; and

c. ecoregional level.

(2) Inventory of the environment is carried out to obtain data and information about natural resources which include:

a. potential and availability;

b. type of use;

c. form of tenure;

d. knowledge management;

e. forms of damage, and

f. conflict and the causes of conflicts arising from the management.

Part Two

Determination of Ecoregion Area

Article 7

(1) Inventory of the environment as referred to in Article 6 paragraph

(1) letter a and b be the basis in determining the ecoregions and implemented by the Ministry after coordination with agencies related.

(2) Determination of the ecoregion as referred to in paragraph (1) carried out by considering the similarities:

a. landscape characteristics;

b. watersheds;

c. climate;

d. flora and fauna;

e. socio-cultural;

f. economy;

g. community institutions, and

h. environmental inventory.

Article 8

Inventory of the environment at the regional level ecoregions as referred to in Article 6 paragraph (1) letter c shall be applied to determine the power carrying capacity and reserves of natural resources.

Part Three

The Planning of Environmental Protection and Management

Article 9

(1) RPPLH as referred to in Article 5 letter c consists of:

a. National RPPLH;

b. RPPLH province; and

c. RPPLH county / city.

(2) RPPLH national referred to in paragraph (1) letter a is structured based on the national inventory.

(3) RPPLH province referred to in paragraph (1) letter b prepared by:

a. National RPPLH;

b. inventory level island / archipelago; and

c. inventory levels of ecoregions.

(4) RPPLH districts / cities as mentioned in paragraph (1) letter c is prepared by:

a. RPPLH province;

b. inventory level island / archipelago; and

c. inventory levels of ecoregions.

Article 10

(1) RPPLH referred to in Article 9 prepared by the Minister, governors, or regents / mayors in accordance with their authority.

(2) Preparation of RPPLH as referred to in paragraph (1) notices:

a. character and diversity of ecological functions;

b. distribution of the population;

c. potential distribution of natural resources;

d. local wisdom;

e. aspirations, and

f. of climate change.

(3) RPPLH regulated by:

a. government regulations for national RPPLH;

b. RPPLH provincial regulations for the province; and

c. district laws / city for RPPLH district / city.

(4) RPPLH plan contains about:

a. utilization and / or reservation of natural resources;

b. maintenance and protection of quality and / or function of the environment life;

c. control, monitoring, and utilization and conservation natural resources; and

d. adaptation and mitigation to climate change.

(5) RPPLH becomes the basis and is included in the plan of long term development and medium term development.

Article 11

Further provisions regarding the inventory of the environment as referred to in Article 6, the determination of ecoregions as defined in Article 7 and Article 8, as well as RPPLH as referred to in Article 9 and Article 10 is stipulated in Government Regulation.

CHAPTER IV

UTILIZATION

Article 12

(1) The utilization of natural resources is carried out by RPPLH.

(2) In the event RPPLH referred to in paragraph (1) has not been arranged, utilization of natural resources carried out based on the carrying capacity and absorbing capacity of the environment by taking into account:

a. sustainability processes and environmental functions;

b. productivity of environmental sustainability; and

c. safety, quality of life, and public welfare.

(3) Carrying capacity and environmental carrying capacity as referred to in paragraph (2) defined by:

a. Minister for the carrying capacity of the environment national and island / archipelago;

b. governor for the carrying capacity of the environment ecoregions across the province and regency / city; or

c. regent (district officer)/ mayor for the carrying capacity and the absorbing capacity of the environment of the districts / cities and ecoregions of the district / city.

(4) Further provisions on procedures for determining the carrying capacity and carrying capacity of the environment as referred to in subsection (3) shall be according to government regulations.

CHAPTER V

CONTROL

Part One

General

Article 13

(1) Control of pollution and / or damage to the environment is implemented within the framework of environment conservation.

(2) Control of pollution and / or damage to the environment as referred to in paragraph (1) includes:

a. prevention;

b. countermeasures, and

c. of recovery.

(3) Control of pollution and / or damage to the environment as referred to in paragraph (1) is implemented by the Government, local governments, and responsible for a business and / or activities in accordance with the authority, roles, and responsibilities of each.

Part Two

Prevention

Article 14

Pollution prevention instruments and / or damage to the environment consists of:

a. KLHS;

b. zoning;

c. environmental quality standards;

d. standard criteria of environmental degradation;

e. Amdal (Analysis on Environmental Impact);

f. UKL-UPL;

g. licensing;

h. environmental economic instruments;

i. legislation based environment;

j. budget-based environment;

k. environmental risk analysis;

l. environmental audit; and

m. other instruments as needed and / or development of science of knowledge.

Paragraph 1

Strategic Environmental Assessment

Article 15

(1) Government and local government are to make KLHS ensure that the principles of sustainable development have become basic and integrated in the development of an area and / or policies, plans, and / or programs.

(2) Government and local governments must implement KLHS as referred to in paragraph (1) into the preparation or evaluation:

a. spatial plans (Spatial) along with detailed plans, plans long-term development (RPJP), and development plans medium term (RPJM) national, provincial and regency / city; and

b. policies, plans, and / or programs that could potentially cause impacts and / or environmental risks.

(3) KLHS is carried out with the mechanism:

a. impact assessment of policies, plans, and / or programs to environmental conditions in a region;

b. alternative formulation refinement of policies, plans, and / or programs, and

c. recommendations for improvement to policy decision-making, plans, and / or programs that integrate the principles of sustainable development.

Article 16

KLHS study includes:

a. carrying capacity and absorbing capacity for development;

b. estimates of environmental impacts and risks;

c. performance of service / ecosystem services;

d. efficient use of natural resources;

e. degree of vulnerability and adaptive capacity to climate change; and

f. levels of resilience and potential of biodiversity.

Article 17

(1) Results KLHS as referred to in Article 15 paragraph (3) become the basis for policies, plans, and / or development programs in a the region.

(2) If the result of KLHS as referred to in paragraph (1) states that the carrying capacity has been exceeded,

a. policies, plans, and / or development programs shall be modified in accordance with the recommendation KLHS; and

b. any business and / or activities that have exceeded the carrying capacity and the absorbing carrying capacity is not allowed anymore.

Article 18

(1) KLHS as referred to in Article 15 paragraph (1) is implemented involving communities and stakeholders.

(2) Further provisions on procedures of regulated KLHS Government Regulation.

Paragraph 2

Layout

Article 19

(1) To keep the preservation of the environment and safety communities, each regional spatial planning must be based on KLHS.

(2) spatial planning areas as referred to in paragraph (1) are determined by taking into account the carrying capacity the environment.

Paragraph 3

Environmental Quality Standard

Article 20

(1) Determination of environmental pollution is measured through environmental quality standards.

(2) Environmental quality standard includes:

a. water quality standard;

b. waste water quality standard;

c. marine water quality standard;

d. ambient air quality standard;

e. emission quality standards;

f. impaired quality standards; and

g. other quality standard in accordance with the development of science and the technology.

(3) Every person is allowed to dump waste into the environment living with the following requirements:

a. meet environmental quality standards; and

b. get permission from the Minister, governors, or regents / mayors in accordance with authority.

(4) Further provisions on environmental quality standards as referred to in paragraph (2) letter a, c, d, and g are regulated in Government Regulation.

(5) Further provisions on environmental quality standards as referred to in paragraph (2) b, e, and f are stipulated in ministerial regulations.

Paragraph 4

Criteria for Environmental Damage Baku

Article 21

(1) To determine the occurrence of environmental damage, defined Standard environmental damage criteria.

(2) Criteria Standard environmental damage criteria include raw damage to ecosystems and the standard criteria of damage from climate change.

(3) Criteria for raw damage to the ecosystem include:

a. standard criteria of the destruction of land for biomass production;

b. standard criteria of damage to coral reefs;

c. Standard environmental damage criteria associated with forest fires and / or land;

d. standard criteria of mangrove destruction;

e. standard criteria of damage to seagrass beds;

f. standard criteria of damage to turf;

g. standard criteria of karst damage and / or

h. standard criteria of damage to other ecosystems in accordance with development of science and technology.

(4) Criteria for raw damage from climate change are based on parameters include:

a. increase in temperature;

b. sea level rise;

c. storm and / or

d. droughts.

(5) Further provisions on standard criteria of environmental damage living as referred to in paragraph (3) and paragraph (4) shall be or based on Government Regulation.

Paragraph 5

Amdal

Article 22

(1) Every business and / or activity which has important implications for environment must have Amdal.

(2) Significant impacts are determined based on the criteria:

a. large number of people who will be affected by the plan business and / or activities;

b. wide area affected;

c. intensity and duration of the impact;

d. many other environmental components that will be affected impacts;

e. the cumulative nature of impacts;

f. turning or irreversibility of the impact and / or

g. other criteria in accordance with the development of science and the technology.

Article 23

(1) Criteria for business and / or activity which has important implications that must be

equipped with Amdal consists of:

a. alteration of land forms and landscapes;

b. exploitation of natural resources, whether renewable or not renewable;

c. processes and activities that can potentially cause pollution and / or damage to the environment and waste and degradation of natural resources in utilization;

d. processes and activities which may affect natural environment, built environment, as well as social and environmental culture;

e. processes and activities which will affect the preservation conservation of natural resources and / or protection cultural heritage;

f. introduction of plants, animals and microorganisms;

g. manufacture and use of biological and non-biological materials;

h. activities that have a high risk and / or influence national defense and / or

i. application of technology which is expected to have great potential to affect the environment.

(2) Further provisions regarding the types of business and / or activities must be completed with Amdal as referred to in paragraph (1) governed by regulations of the Minister.

Article 24

Amdal documents referred to in Article 22 are basis for establishing the feasibility of environmental decisions.

Article 25

Amdal document includes:

a. assessment of the impact of business plans and / or activities;

b. evaluation activities in the vicinity of the proposed business and / or activities;

c. input and advice on community responses to the business plan and / or activities;

d. forecasts of the magnitude and nature of the impact and its significance which

results if the business plan and / or activities are carried out;

e. holistic evaluation of the impacts that occur to determine the feasibility or impropriety of the environment; and

f. management plan and environmental monitoring.

Article 26

(1) Amdal documents referred to in Article 22 are prepared by the proponent to involve the community.

(2) Community involvement must be based on the principle of transparent and complete information and be notified before activities are being implemented.

(3) Communities as referred to in paragraph (1) include:

a. affected;

b. environmentalists, and / or

c. affected for any decisions in the process Amdal.

(4) Communities as referred to in paragraph (1) may apply objections to the Amdal document.

Article 27

In preparing the document Amdal, the initiator as mentioned in Article 26 paragraph (1) may request assistance to other parties.

Article 28

(1) Composer Amdal as referred to in Article 26 paragraph (1) and Article 27 shall have a certificate of competency making up Amdal.

(2) Criteria for obtaining a certificate of competence constituent Amdal as referred in paragraph (1) include:

a. mastery of the preparation methodology for Amdal;

b. ability to conduct scoping, forecasting, and evaluation impact and decision making; and

c. ability of the management plan and monitoring the environment.

(3) Certificate of Amdal competency as referred to in paragraph (1) is issued by a certification of competence of Amdal constituent determined by the Minister in accordance with the provisions laws and regulations.

(4) Further provisions regarding the certification and competency criteria of Amdal constituent is governed by regulations of the Minister.

Article 29

(1) Amdal documents is assessed by EIA Appraisal Commission established by Ministers, governors, or regents / mayors in accordance with its authority.

(2) EIA Appraisal Committee shall have the license from the Minister, governor, or regent / mayor in accordance with their authority.

(3) The requirements and licensing procedures as referred to in paragraph (2) are governed by Regulation of the Minister.

Article 30

(1) Membership of the Commission EIA Appraisal as set forth in Article 29 consist of representatives of elements:

a. environmental agencies;

b. relevant technical agencies;

c. experts in the field of knowledge related to the type of business and / or activity being assessed;

d. experts in the field of knowledge related to the impact arising from a business and / or activity being assessed;

e. representatives of potentially affected communities; and

f. environmental organization.

(2) In performing its duties, the Commission is assisted by the EIA Appraisal technical team consisting of independent experts who conducted a study technical and secretariat established for it.

(3) Independent experts and the secretariat referred to in paragraph (3) are determined by the Minister, governors, or regents / mayors in accordance with its authority.

Article 31

Based on the results of the Amdal assessment of the Commission, Minister, governor, or regent / mayor establish eligibility decision or impropriety environment in accordance with their authority.

Article 32

(1) Government and local governments to assist the Amdal preparation for business and / or activities that affect the economically weak on the environment.

(2) Support the preparation of Amdal as referred to in paragraph (1) is in the form of facilitation, cost, and / or preparation of Amdal.

(3) The criteria of the business and / or activities of the economically weak is regulated by legislation.

Article 33

Further provisions of Amdal as referred to from Article 22 to Article 32 are stipulated in Government Regulation.

Paragraphs 6

UKL-UPL

Article 34

(1) Every business and / or activities that are not included in the Amdal mandatory

criteria referred to in Article 23 paragraph (1) shall have UKL-UPL.

(2) governor or regent / mayor sets the type of business and / or activities which

must be completed with UKL-UPL.

Article 35

(1) Business and / or activities must be completed UKL-UPL referred to in Article 34

paragraph (2) shall make a statement of environmental management and

monitoring capability of life.

(2) Determination of the type of business and / or activities referred to in paragraph

(1) is based on the criteria:

a. not included in the category has a significant impact as referred to in Article 23

paragraph (1); and

b. micro and small business activities.

(3) Further provisions on the UKL-UPL and waiver ability management and

environmental monitoring is set with the regulations of the Minister.

Paragraph 7

Licensing

Article 36

(1) Every business and / or activities that are required to have Amdal or UKLUPL are

required to have an environmental permit.

(2) Environmental permit referred to in paragraph (1) is published based on the

environment eligibility decisions as referred to in Article 31 or recommendation

UKL-UPL.

(3) Environmental permits as referred to in paragraph (1) shall include

requirements contained in the eligibility decision environment or recommendation

UKL-UPL.

(4) Environmental permits issued by the Minister, governor, or regent / mayor in

accordance with their authority.

Article 37

(1) The minister, governor or regent / mayor in accordance with their authority

shall reject the application for an environmental permit if the permit application is

not equipped with Amdal or UKL-UPL.

(2) environmental permit referred to in Article 36 paragraph (4) can be canceled if:

a. requirements proposed in the permit application contain legal defect, error,

abuse, and untruth and / or falsification of data, documents, and / or information;

b. publication without fulfilling the requirements as set forth by the commission's

decision about the feasibility of the environment or UKL-UPL recommendation; or

c. obligations set forth in this document or UKL-UPL Amdal are not implemented by

the party responsible for the business and / or activities.

Article 38

In addition to the provisions referred to in Article 37 paragraph (2), environment

permits can be canceled by decision of the administrative court the state.

Article 39

(1) The minister, governor or regent / mayor in accordance with authority shall

publish each application and environmental permit decision.

(2) The announcement as referred to in paragraph (1) conducted by easy way is

known by the public.

Article 40

(1) Permit environment is a requirement to obtain permission business and / or

activities.

(2) In the case of revoked environmental permits, business licenses and / or

activities

is canceled.

(3) In terms of business and / or activity changes, responsible for the business and /

or activity must renew the environment license.

Article 41

Further provisions on the permit referred to in Article 36 through Article 40 are

stipulated in Government Regulation.

Paragraph 8

Environmental Economic Instruments

Article 42

(1) In order to preserve the environment, the Government and local government

shall develop and implement instruments economic environment.

(2) Environmental economic instruments as referred to in paragraph (1) include:

a. development planning and economic activity;

b. funding environment; and

c. incentives and / or disincentives.

Article 43

(1) instrument development planning and economic activities as referred to in

Article 42 paragraph (2) letter a consists:

a. balance of natural resources and the environment;

b. compilation of gross domestic product and gross regional domestic product

which includes the depreciation of natural resources and damage the environment;

c. mechanism of compensation / reward environment across regions; and

d. internalization of environmental costs.

(2) environmental financing instrument as defined in Article 42 paragraph (2) letter

b shall include:

a. guarantee funds for environmental restoration;

b. fund pollution prevention and / or damage and recovery environment; and

c. trust fund / aid to conservation.

(3) Incentive and / or disincentives as referred to in Article 42 paragraph

(2) letter c, among others, is applied in the form:

a. procurement of goods and services that are environment friendly;

b. application of taxes, levies, subsidies and the environment;

c. development of systems of financial institutions and capital market-friendly the

environment;

d. development of waste disposal permit trading system and / or emissions;

e. development of environmental service payment system;

f. development of environmental insurance;

g. development of environment-friendly labeling system; and

h. performance reward systems in the field of protection and management the

environment.

(4) Further provisions on environmental economic instruments referred to in Article

42 and Article 43 paragraph (1) to with paragraph (3) Government Regulation.

Paragraph 9

Legislation Based Environment

Article 44

Each draft of legislation at the national level and areas shall take into account the

protection of environmental functions and principles of environmental protection

and management in accordance with provisions stipulated in this Law.

Paragraph 10

Environment -Based Budget

Article 45

(1) Government and Parliament of the Republic of Indonesia and local government

and the Regional Representatives Council shall allocate adequate budget to finance:

a. protection activities and environmental management; and

b. programs pertaining to the environment.

(2) The Government shall allocate a special budget allocation environment

adequate to be given to areas that have performance protection and environmental

management

good.

Article 46

In addition to the provisions referred to in Article 45, in order to recover the

environmental quality which has suffered from pollution and / or damage at the

time this law is established, Government and local governments are required to

allocate a budget for

environmental restoration.

Paragraph 11

Environmental Risk Analysis

Article 47

(1) Every business and / or activities that could potentially impact on the

environment, threats to ecosystems and life, and / or health and human safety

mandatory environmental risk analysis.

(2) Analysis of environmental risks as referred to in paragraph (1) includes:

a. risk assessment;

b. risk management and / or

c. risk communication.

(3) Further provisions on environmental risk analysis are set in Government

Regulation.

Paragraph 12

Environmental Audit

Article 48

The government encourages the business and / or activities to responsibly conduct

an environmental audit in order to improve performance of the environment.

Article 49

(1) The Minister requires that an environmental audit to:

a. business and / or specific activities at high risk of environment; and / or

b. responsible for the business and / or activities that demonstrate disobedience of

the laws and regulations.

(2) The party responsible for the business and / or activity must carry out audits the

environment.

(3) Implementation of an environmental audit of certain activities performed

regularly at high risk.

Article 50

(1) If the party responsible for the business and / or activities do not perform

obligation referred to in Article 49 paragraph (1), the Minister may conduct or

assign an independent third party to carry out an environmental audit at the

expense of the responsible person business and / or activity concerned.

(2) The Minister shall announce the results of an environmental audit.

Article 51

(1) An environmental audit referred to in Article 48 and Article 49 is carried out by

the auditors of the environment.

(2) The auditor of the environment as referred to in paragraph (1) shall be certified

environmental auditor competence.

(3) Criteria for environmental auditors to obtain a certificate of competence living

as referred to in paragraph (2) includes the ability to:

a. understand the principles, methodologies, and environmental audit protocol;

b. conduct an environmental audit which includes the stages of planning,

implementation, conclusions, and reporting; and

c. formulate recommendations for follow-up corrective measures of environmental

audit.

(4) Certificate of competency as environmental auditors referred to in paragraph (2)

is issued by a certification of competence body in accordance with the provisions of

the legislation.

Article 52

Further provisions on the environmental audit as referred to in Article 48 through

Article 51 is regulated by The Minister.

Part Three

Countermeasures

Article 53

(1) Any person doing the pollution and / or environmental life is required to control

pollution and / or damage to the environment.

(2) Prevention of pollution and / or damage to the environment as referred to in

paragraph (1) is carried out by:

a. provision of warning information pollution and / or damage environment to the

community;

b. isolating pollution and / or damage to the environment;

c. cessation of pollution sources and / or environmental damage life and / or

d. other ways in accordance with the development of science and the technology.

(3) Further provisions on procedures for pollution prevention and / or damage to

the environment as referred to in paragraph (1) is stipulated in Government

Regulation.

Part Four

Recovery

Article 54

(1) Any person doing the pollution and / or destruction environment must conduct

environmental restoration of function of life.

(2) Recovery of environmental functions as referred to in paragraph (1) carried out

in stages:

a. cessation of pollution sources and pollutant cleaning element;

b. remediation;

c. rehabilitation;

d. restoration and / or

e. other ways in accordance with the development of science and the technology.

(3) Further provisions on the procedure for recovery of function the environment as

referred to in paragraph (2) are arranged in Government Regulation.

Article 55

(1) The holder of an environmental permit as referred to in Article 36 paragraph (1)

shall provide a guarantee fund for the restoration of the environment function of

life.

(2) Funds deposited in a bank guarantee of government are designated by the

Ministers, governors, or regents / mayors in accordance with their authority.

(3) The Minister, governors, or regents / mayors in accordance with their authority

can assign a third party to perform the recovery function environment by using the

guarantee fund.

(4) Further provisions on the guarantee fund referred to in paragraph (1) through

paragraph (3) are regulated in Government Regulation.

Article 56

Further provisions on pollution control and / or environmental damage as referred

to in Article 13 to with Article 55 are stipulated in Government Regulation.

CHAPTER VI

MAINTENANCE

Article 57

(1) Maintenance of environment is done through the efforts of:

a. conservation of natural resources;

b. reserve of natural resources and / or

c. preservation of function of the atmosphere.

(2) Conservation of natural resources referred to in paragraph (1) letter a covers the

following activities:

a. protection of natural resources;

b. preservation of natural resources; and

c. sustainable use of natural resources.

(3) Backup of the natural resources referred to in paragraph (1) letter b is a natural

resource that cannot be managed in period of time.

(4) Preservation of atmospheric functions referred to in paragraph (1) letter c

includes:

a. mitigation efforts and adaptation to climate change;

b. safeguard the ozone layer, and

c. efforts to protect against acid rain.

(5) Further provisions concerning the conservation and reservation of resources

natural resources and preservation of the functions referred to in the atmosphere

paragraph (1) are regulated by Government Regulation.

CHAPTER VII

THE MANAGEMENT OF HAZARDOUS AND TOXIC MATERIALS AND HAZARDOUS

WASTE AND TOXIC

Part One

Management of Hazardous and Toxic Materials

Article 58

(1) Every person who enters into the territory of the Unitary Republic of Indonesia,

producing, transporting, distributing, store, use, dispose of, process, and / or

stockpiling B3 must carry out management.

(2) Further provisions on the management of B3 as mentioned in paragraph (1)

Government Regulation.

Part Two

Management of Hazardous and Toxic Waste

Article 59

(1) Any person who produces B3 waste must carry out management B3 waste it

generates.

(2) In the case of B3 referred to in Article 58 paragraph (1) being expired, the

management follows the B3 waste management.

(3) In the event that everyone is not able to do his own management B3 waste, its

management is handed over to the other party.

(4) The management of B3 waste must obtain a permit from the minister, governor,

or regent / mayor in accordance with their authority.

(5) The Minister, governor or regent / mayor shall mention environmental

requirements that must be met and obligations B3 waste management must be

adhered to in the permit.

(6) The decision to grant permission must be announced.

(7) Further provisions on waste management set in B3 Government Regulation.

Part Three

Dumping

Article 60

Any person is prohibited from dumping waste and / or materials to environmental

media without permission.

Article 61

(1) dumping as referred to in Article 60 can only be done with the permission of the

minister, governor or regent / mayor accordance with their authority.

(2) dumping as referred to in paragraph (1) can only be done at the predetermined

location.

(3) Further provisions on the procedures and requirements of dumping waste or

material are regulated in Government Regulation.

CHAPTER VIII

INFORMATION SYSTEM

Article 62

(1) Government and local governments are to develop environment information

systems to support the implementation and development protection policies and

environmental management.

(2) The environment information system is done in an integrated and shall be

coordinated and published to the public.

(3) Environmental information system shall at least contain the information on the

status of the environment, map-prone environment, and other environmental

information.

(4) Further provisions on environmental information systems are governed by

regulations of the Minister.

CHAPTER IX

DUTIES AND POWERS OF GOVERNMENT AND LOCAL GOVERNMENT

Article 63

(1) In the protection and environmental management, the Government’s duty and

authority is to:

a. establish a national policy;

b. establish norms, standards, procedures, and criteria;

c. establish and implement policies regarding RPPLH national;

d. establish and implement policies regarding KLHS;

e. establish and implement policies regarding Amdal and UKLUPL;

f. hold a national inventory of natural resources and greenhouse gas emissions;

g. develop standards of cooperation;

h. coordinate and implement pollution control and / or damage to the

environment;

i. establish and implement policies on resource biological and non-biological nature,

biodiversity, resource genetic, and biological safety of genetically engineered

products;

j. establish and implement policies regarding the control impacts of climate change

and ozone layer protection;

k. establish and implement policies on B3, waste, as well as B3 waste;

l. establish and implement policies regarding the protection marine environment;

m. establish and implement policies on pollution and / or environmental damage

across national borders;

n. guide and supervise the implementation of national policies, regulations, and

rules the head area;

o. conduct training and supervision of compliance of responsible for the business

and / or activities of the licensing provisions environmental legislation and

regulations;

p. develop and implement environmental instruments;

q. coordinate and facilitate cooperation and dispute resolution and settlement of

inter-regional dispute;

r. develop and implement management policies complaints;

s. set minimum service standards;

t. establish a policy on procedures for recognition existence of indigenous people,

local wisdom, and the right indigenous people related to the protection and

environmental management;

u. manage the national environmental information;

v. coordinate, develop, and socialize utilization of environmental friendly

technologies;

w. provide education, training, coaching, and awards;

x. develop the means and standard laboratory environment life;

y. issue environmental permits;

z. establish the ecoregions; and

aa. enforcement of environmental laws.

(2) In the protection and management of environment, government provinces on

duty and authority is to:

a. establish provincial policy;

b. establish and implement KLHS provincial level;

c. establish and implement policies regarding RPPLH the province;

d. establish and implement policies regarding Amdal and UKLUPL;

e. conduct an inventory of natural resources and greenhouse gas emissions

greenhouse at the provincial level;

f. develop and implement cooperation and partnerships;

g. coordinate and implement pollution control and / or destruction of the

environment trans regency / municipality;

h. to guide and supervise the implementation of policies, regulations, and rules the

regional head regency / city;

i. conduct training and supervision of compliance of those responsible business

and / or activity of the provisions of the environmental licensing and legislation in

the field of protection and environmental management;

j. develop and implement environmental instruments;

k. coordinate and facilitate cooperation and settlement dispute kabupaten /

intercity and settlement dispute;

l. conduct training, technical assistance, and supervision to districts / cities in the

area of programs and activities;

m. carry out minimum service standards;

n. establish a policy on procedures for recognition of the existence of indigenous

people, local wisdom, and community rights customary law relating to the

protection and management environment at the provincial level;

o. manage provincial environmental information;

p. develop and promote the use of technology friendly environment;

q. provide education, training, coaching, and rewards;

r. issue environmental permit at the provincial level, and

s. enforcement of environmental laws at the level the province.

(3) In the protection and management of environment, government county / city is

assigned and authorized to:

a. establish policies at the district / city;

b. establish and implement KLHS district / city level;

c. establish and implement policies regarding RPPLH regency / city;

d. establish and implement policies regarding Amdal and UKLUPL;

e. conduct an inventory of natural resources and greenhouse gas emissions

greenhouse at the regency / city;

f. develop and implement cooperation and partnerships;

g. develop and implement environmental instruments;

h. facilitate the settlement of disputes;

i. conduct training and supervision of compliance of responsible for the business

and / or activities of the licensing provisions environmental legislation and

regulations;

j. carry out minimum service standards;

k. implement a policy on procedures for recognition existence of indigenous people,

local wisdom, and the right indigenous people related to the protection and

environmental management at district / city level;

l. manage environmental information at the district / city;

m. develop and implement information systems policy environmental district / city

level;

n. provide education, training, coaching, and rewards;

o. issue environmental permit at the district / city and

p. enforce environmental laws at the level districts / cities.

Article 64

Duties and authority of the Government as referred to in Article 63 paragraph

(1) are implemented and / or coordinated by the Minister.

CHAPTER X

RIGHTS, DUTIES, AND PROHIBITION

Part One

Right

Article 65

(1) Every person has the right to good environment and healthy as part of human

rights.

(2) Every person is entitled to environmental education, access information, access

to participation, and access to justice in fulfilling the rights good for the

environment and healthy.

(3) Every person has the rights to propose and / or objections to business plan and /

or activities that may impact on the environment.

(4) Every person has the right to play a role in the protection and management

environment in accordance with statutory regulations.

(5) Every person is entitled to make a complaint due to alleged pollution and / or

destruction of the environment.

(6) Further provisions on procedures for complaint as referred to in paragraph (5)

are regulated by the Minister.

Article 66

Any person who fights for the rights to good living environment and healthy cannot

be prosecuted criminally or sued in civil law.

Part Two

Obligation

Article 67

Every person is obliged to preserve the function of the environment and controlling

pollution and / or damage to the environment.

Article 68

Any person doing business and / or activity must:

a. provide information related to the protection and management environment is

correct, accurate, open, and timely;

b. maintain the sustainability of environmental functions; and

c. comply with the provisions of environmental quality standards and / or criteria

Standard environmental damage.

Part Three

Prohibition

Article 69

(1) Any person is prohibited from:

a. performing acts that lead to pollution and / or destruction of the environment;

b. inserting prohibited B3 by legislation regulations into the territory of the Republic

of Indonesia;

c. inserting waste originating from outside the territory of the Unitary Republic of

Indonesia to the media environment of the Unitary Republic of Indonesia;

d. inserting B3 waste into the territory of the Republic Indonesia;

e. disposing of waste to an environmental medium;

f. dumping B3 and B3 waste to an environmental medium;

g. releasing genetically modified items to an environmental medium as opposed to

the legislation or environmental permits;

h. conducting land clearing by burning;

i. compiling Amdal without a certificate of competency; and / or

j. providing false information, misleading, eliminating the information, damaging

information, or provide information that is not true.

(2) The provisions referred to in paragraph (1) letter h are noticed in accordance

with local knowledge in their respective areas.

CHAPTER XI

THE ROLE OF COMMUNITY

Article 70

(1) The public has the same rights and opportunities and the widest to play an

active role in environmental protection and management of life.

(2) The role of the public may be:

a. social supervision;

b. provision of advice, opinions, suggestions, objections, complaints and / or

c. delivery of information and / or reports.

(3) The role of the community is made to:

a. raise awareness in the protection and management the environment;

b. increase independence, empowerment, and partnerships;

c. develop the capacity and initiative;

d. foster community responsiveness carrying out social supervision, and

e. develop and maintain the culture and local wisdom in framework of environment

conservation.

CHAPTER XII

SUPERVISION AND ADMINISTRATIVE PENALTY

Part One

Supervision

Article 71

(1) The minister, governor or regent / mayor in accordance with their authority is

obliged to supervise the compliance of those responsible business and / or activities

on the terms set forth in legislation in the field of protection and management the

environment.

(2) Ministers, governors, or regents / mayor can delegate its authority in overseeing

the officials / technical institution that is responsible in the field protection and

environmental management.

(3) In exercising supervision, minister, governor, or regent / mayor selects

environmental regulatory officials as functional officer.

Article 72

Ministers, governors, or regents / mayors in accordance with their mandatory party

are responsible for compliance oversight of business and / or activities of

environmental permits.

Article 73

Minister may conduct supervision of compliance of those responsible business

and / or activities that permit issued by the government environment area if the

Government considers that there is a serious breach in the field protection and

environmental management.

Article 74

(1) The official supervisor of the environment as referred to in Article 71 Paragraph

(3) is authorized for:

a. monitoring;

b. asking for information;

c. make copies of documents and / or make notes required;

d. entering a particular place;

e. photographing;

f. making audio visual recordings;

g. taking samples;

h. checking equipment;

i. checking the installation and / or transportation equipment, and / or

j. stopping certain violations.

(2) In performing its duties, the official of the environment can coordinate with the

investigation authorities of civil servants.

(3) The party responsible for the business and / or activity is prohibited from

blocking execution of official duties of environmental inspectors.

Article 75

Further provisions on procedures for the appointment of environment supervisory

officers and procedures for supervision as referred to in Article 71 paragraph (3),

Article 73 and Article 74 are provided for in Government Regulation.

Part Two

Administrative PENALTY

Article 76

(1) The minister, governor or regent / mayor applies administrative penalty to the

management of business and / or activities if the supervision finds violations of

environmental permits.

(2) The administrative penalty shall consist of:

a. written warning;

b. government coercion;

c. freezing of environmental permits; or

d. revocation of environmental permits.

Article 77

Minister may apply administrative penalty against the responsible business and / or

activities party if the Government considers local government deliberately not

applying administrative penalty against serious violations in the field of

environmental protection and management.

Article 78

Administrative penalty as referred to in Article 76 does not take off the

responsibility for the business and / or activity of recovery and criminal.

Article 79

Imposition of administrative penalty suspension or revocation of license

environment referred to in Article 76 paragraph (2) letter c and d is done if the

person in charge of business and / or activities does not implement government

pressure.

Article 80

(1) government pressure referred to in Article 76 paragraph (2) letter b is in the

form of:

a. temporary cessation of production activities;

b. transfer of production facilities;

c. closure of the waste water sewer or emissions;

d. demolition;

e. confiscation of goods or equipment that could potentially cause offense;

f. suspension of all activities; or

g. Other measures aim to stop the violation and actions to restore environmental

functions.

(2) Imposition of government pressure can be dropped without any prior reprimand

if the violation does cause:

a. a very serious threat to humans and the environment;

b. greater impact and more widespread if not immediately stop pollution and / or

damaging and / or

c. greater losses to the environment if not immediately stop pollution and / or

damaging.

Article 81

Every person in charge of business and / or activities that does not implement

government coercion could be fined for every delay in the implementation of

forcible government penalty.

Article 82

(1) The minister, governor or regent / mayor is authorized to compel liability of the

party of the business and / or activities to perform restoration of the environment

from pollution and / or destruction of the environment is doing.

(2) Ministers, governors, or regents / mayors authorized or can appoint a third

party to perform environmental restoration life due to pollution and / or

destruction of the environment done at the expense of responsible business

and / or activities.

Article 83

Further provisions concerning administrative sanctions are provided for in

Government Regulation.

Chapter XIII

ENVIRONMENTAL DISPUTE SETTLEMENT

Part One

General

Article 84

(1) Settlement of environmental disputes can be reached through court or out of

court.

(2) Choice of environmental dispute resolution is done willingly by the parties in

dispute.

(3) The lawsuit through the courts can only be taken if the effort of settlement of

disputes out of court declared unsuccessful.

Part Two

Environmental Dispute Settlement Out of Court

Article 85

(1) Settlement of environmental disputes outside the courts is done to reach

agreement on:

a. form and amount of indemnification;

b. recovery action due to pollution and / or destruction;

c. specific measures to guarantee will not repeat pollution and / or destruction

and / or

d. measures to prevent negative impacts on the environment.

(2) Settlement of disputes outside the courts that does not apply to acts

environmental crime as provided in this Act.

(3) In the settlement of environmental disputes outside the courts services of

mediators and / or arbitrator can be used to resolve environmental disputes.

Article 86

(1) Community service agencies may establish settlement environmental disputes

which is free and impartial.

(2) Government and local governments can facilitate an environmental agency to

help with dispute resolution services which is free and impartial.

(3) Further provisions on settlement service agencies on environmental disputes are

regulated by the Government.

Part Three

Environmental Dispute Settlement Through the Court

Paragraph 1

Compensation and Recovery Environment

Article 87

(1) Every person in charge of business and / or activities that do unlawful acts of

pollution and / or destruction of the environment that cause harm to people

another or the environment must pay compensation and / or perform certain

actions.

(2) Any person doing the transfer, conversion properties and business forms, and /

or activities of a business entity which violate the law is not released from the legal

liability and / or obligations of these enterprises.

(3) The court may set compulsory payments to the everyday of delay for the

implementation of court decisions.

(4) The amount of force must be decided on regulation legislation.

Paragraph 2

Absolute Liability

Article 88

Any person whose actions, efforts, and / or activities using B3, produce and / or

manage the B3 waste, and / or pose a serious threat to the environment is

absolutely responsible for damages which occur without necessary element of

proving the mistake.

Paragraph 3

Expiry of Deadline for Filing Claims

Article 89

(1) Expiry of Deadline to file a lawsuit to court following the time limit as stipulated

in the Book Civil Law Act and is calculated from the known presence of pollution

and / or damage to the environment.

(2) The provisions regarding expiration deadlines do not apply to pollution and / or

environmental damage caused by business and / or activities that use and / or

manage B3 as well as producing and / or manage the B3 waste.

Paragraph 4

Right to Sue Government and Local Government

Article 90

(1) Government agencies and local governments are responsible authorities in the

field of environmental lawsuit filed loss and certain actions against businesses and /

or activities cause pollution and / or damage to the environment resulting in

environmental damage.

(2) Further provisions on environmental harm as referred to in paragraph (1) shall

be further are stipulated by regulation of the Minister.

Paragraph 5

Community Right to Sue

Article 91

(1) The public right to bring class actions for benefit of himself and / or for the

benefit of the community when experiencing losses due to pollution and / or

damage the environment.

(2) The suit may be filed if there are common facts or events, legal basis, as well as

the types of demands among the representative groups and members the group.

(3) Provisions on the rights of people are held accountable in accordance with laws

and regulations.

Paragraphs 6

Environmental Rights Organization Sues

Article 92

(1) In the implementation of protection and management responsibility

environment, environmental organizations file a lawsuit entitled for the sake of

preservation of environmental functions.

(2) Rights to file a lawsuit limited to claims for certain actions without any claims for

compensation, unless it is real cost or spending.

(3) Environmental organizations can file a lawsuit if it meets the requirements of:

a. legal entity;

b. asserted in their statutes that the organization is established for the benefit of

preservation of environmental functions; and

c. has implemented concrete activities in accordance with its articles minimum of 2

(two) years.

Paragraph 7

Administrative Lawsuit

Article 93

(1) Any person may file a lawsuit against a decision procedure state business if:

a. administrative agency or official state environmental permits issued to business

and / or activities that must apply Amdal is not equipped with Amdal documents;

b. administrative agency or official state environmental permits issued the activities

required to UKL-UPL, is not equipped with UKL-UPL documents and / or

c. administrative agency or official state business license issued and / or activities

that are not equipped with environmental permits.

(2) Procedures for filing a lawsuit against the decisions of state administrative

refer to the Law of the State Administrative Court.

CHAPTER XIV

INVESTIGATION AND EVIDENCE

Part One

Investigations

Article 94

(1) In addition to investigating police officers of the Republic of Indonesia, certain

civil servants within the government agency whose scope of duties and

responsibilities are in the field of protection and management environment are

given the authority as investigators as referred to in Criminal Proceedings, to

conduct an investigation environmental crime.

(2) Investigator officials authorized civil servants:

a. verify a report or information relating to criminal offenses in the field of

protection and environmental management;

b. conduct an examination of any person suspected criminal act in the field of

protection and management the environment;

c. request information and evidence from any person in respect with criminal

events in the field of protection and environmental management;

d. conduct examination of books, records and other documents relating to criminal

offenses in the field of protection and environmental management;

e. checks in certain places that allegedly contained material evidence, books,

records and other documents;

f. to confiscation of infringing goods and materials which can be used as evidence in

criminal cases in the field protection and environmental management;

g. ask for expert assistance in the execution of the duties of investigation criminal

violation of environmental protection and management life;

h. discontinue the investigation;

i. entering certain places, photographing, and / or recording audio visual;

j. do a search on the body, clothes, room, and / or other places which allegedly is

the place to do crime; and / or

k. arrest and detain criminals.

(3) In carrying out the arrest and detention referred in paragraph (2) letters k,

investigators coordinate civil officials with police officers investigating the Republic

of Indonesia.

(4) In the case of civil servants investigating officer conduct an investigation,

investigators civil officials told the investigator police officers and investigators of

the Republic of Indonesia police officers Republic of Indonesia providing assistance

to the smooth the investigation.

(5) Investigator officials tell commencement of civil servants investigation to the

public prosecutor with a copy to the investigator State police officials of the

Republic of Indonesia.

(6) The results of the investigation that has been done by investigators civil servants

presented to the public prosecutor.

Article 95

(1) In the framework of law enforcement against perpetrators of criminal acts

environment, law enforcement can be integrated between investigator of civil

servants, police and prosecutors under the coordination of the Minister.

(2) Further provisions concerning the implementation of an integrated law

enforcement regulated by legislation.

Part Two

Verification

Article 96

Valid evidence in criminal environmental charges consists of:

a. statements of witnesses;

b. expert testimony;

c. letters;

d. instructions;

e. description of the defendant; and / or

f. other evidence, including evidence provided in regulations the legislation.

CHAPTER XV

PENALTY PROVISIONS

Article 97

Criminal acts in this law constitutes a crime.

Article 98

(1) Any person who knowingly acts in dilampauinya resulting ambient air quality

standards, quality standards water, sea water quality standard, or standard criteria

of environmental damage shall be sentenced to life imprisonment for 3 (three)

years and a maximum of 10 (ten) years and a fine of not less Rp3.000.000.000, 00

(three billion rupiahs) and at most 10,000,000,000, 00 (ten billion rupiahs).

(2) If the act referred to in paragraph (1) resulted in an injury and / or human health

hazards, shall be punished with imprisonment for 4 (four) years and maximum of 12

(twelve) years and a fine of not less Rp4.000.000.000, 00 (four billion rupiahs) and

at most Rp12.000.000.000, 00 (twelve billion dollars).

(3) If the act referred to in paragraph (1)

resulted in the serious injury or death, shall be sentenced to imprisonment for 5

(five) years and a maximum of 15 (fifteen) years and a fine of at least

5.000.000.000, 00 (five billion rupiahs) and at most Rp15.000.000.000, 00 (fifteen

billion rupiahs).

Article 99

(1) Any person who negligently cause dilampauinya ambient air quality standards,

water quality, marine water quality standard, or Standard environmental damage

criteria, shall be punished with imprisonment for 1 (one) year and maximum 3

(three) years and a minimum fine Rp1.000.000.000, 00 (one billion rupiah) and

Rp3.000.000.000 at most, 00 (three billion dollars).

(2) If the act referred to in paragraph (1) resulted in an injury and / or human health

hazards, shall be punished with imprisonment for 2 (two) years and than 6 (six)

years and a fine of not less Rp2.000.000.000, 00 (two billion rupiahs) and at most

Rp6.000.000.000, 00 (six billion dollars).

(3) If the act referred to in paragraph (1) resulted in the serious injury or death,

shall be sentenced to imprisonment for 3 (three) years and a maximum of 9 (nine)

years and a fine of not less Rp3.000.000.000, 00 (three billion rupiahs) and most

widely Rp9.000.000.000, 00 (nine billion dollars).

Article 100

(1) Any person who violates waste water quality standard, quality standard

emissions, disturbance or quality standard shall be punished with imprisonment

than 3 (three) years and a fine of not more Rp3.000.000.000, 00 (three billion

dollars).

(2) The offenses referred to in paragraph (1) may only be subject to administrative

sanctions if that has not dropped complied with or the violation was committed

more than once.

Article 101

Any person who releases and / or distribute engineering products genetically to the

environmental media as opposed to the regulation the laws or environmental

permits as referred to in Article 69 paragraph (1) letter g shall be punished with

imprisonment of 1 (one) year and maximum 3 (three) years and a fine of

little Rp1.000.000.000, 00 (one billion rupiahs) and at most Rp3.000.000.000, 00

(three billion dollars).

Article 102

Any person who without the permission of B3 waste management as referred to in

Article 59 paragraph (4) shall be punished with imprisonment of 1 (one) year and

maximum 3 (three) years and a fine of not less Rp1.000.000.000, 00 (one billion

rupiahs) and at most Rp3.000.000.000, 00 (three billion dollars).

Article 103

Any person who produces waste B3 and do management referred to in Article 59

shall be punished with imprisonment for 1 (one) year and maximum 3 (three) years

and a fine at least Rp1.000.000.000, 00 (one billion rupiahs) and at most

Rp3.000.000.000, 00 (three billion dollars).

Article 104

Any person who did the dumping of waste and / or materials to the media

environment without the permit referred to in Article 60 shall be punished with

imprisonment of 3 (three) years and a fine Rp3.000.000.000 at most, 00 (three

billion dollars).

Article 105

Any person who put the waste into the territory of the Unitary Republic of

Indonesia as referred to in Article 69 paragraph (1) letter c shall be punished with

imprisonment for 4 (four) years and the most long of 12 (twelve) years and a fine of

at least Rp4.000.000.000, 00 (Four billion rupiahs) and at most Rp12.000.000.000,

00 (twelve billion rupiahs).

Article 106

Every person who enters B3 waste into the territory of the Unitary Republic of

Indonesia as referred to in Article 69 paragraph (1) letter d shall be punished with

imprisonment of 5 (five) years and the most of 15 (fifteen) years and a fine of at

least 5.000.000.000, 00 (Five billion rupiahs) and at most Rp15.000.000.000, 00

(fifteen billion rupiahs).

Article 107

Every person who enters B3 prohibited by regulations

legislation into the territory of the Republic of Indonesia

referred to in Article 69 paragraph (1) letter b shall be

imprisonment for 5 (five) years and a maximum of 15 (five

twelve) years and a fine of at least 5.000.000.000, 00 (five billion

rupiahs) and at most Rp15.000.000.000, 00 (fifteen billion

rupiahs).

Article 108

Any person doing the burning of land as referred to

in Article 69 paragraph (1) letter h shall be punished with imprisonment

3 (three) years and a maximum 10 (ten) years and a fine of

little Rp3.000.000.000, 00 (three billion rupiahs) and at most

10,000,000,000, 00 (ten billion rupiahs).

Article 109

Any person doing business and / or activities without a permit

environment referred to in Article 36 paragraph (1) shall be sentenced to

imprisonment for 1 (one) year and maximum 3 (three) years

and a minimum fine Rp1.000.000.000, 00 (one billion rupiah) and

many Rp3.000.000.000, 00 (three billion dollars).

Article 110

Any person who compiled Amdal without having a certificate of competence

Amdal constituent referred to in Article 69 paragraph (1) letter i

shall be punished with imprisonment of 3 (three) years and a fine of

many Rp3.000.000.000, 00 (three billion dollars).

Article 111

(1) The official poster environmental permit issuing environmental permits

equipped with or without Amdal referred UKL-UPL

in Article 37 paragraph (1) shall be punished with imprisonment of three

(Three) years and a fine of not more Rp3.000.000.000, 00 (three billion

rupiahs).

(2) Officers giving a business license and / or activity of issuing permits

business and / or activity without an environmental permit is equipped with

referred to in Article 40 paragraph (1) shall be sentenced to

imprisonment of 3 (three) years and a fine of not more

Rp3.000.000.000, 00 (three billion dollars).

Article 112

Any authorized officer who deliberately did not do

supervise the compliance of those responsible for the business and / or

activities against legislation and environmental permits

referred to in Article 71 and Article 72, which

result in contamination and / or environmental damage

resulting in loss of human life, shall be punished with

imprisonment of 1 (one) year or a fine of not more

Rp500.000.000, 00 (five hundred million rupiahs).

Section 113

Any person who provides false information, misleading,

remove information, damaging information, or provide

Incorrect information necessary in connection with

supervision and enforcement of the law relating to protection

and environmental management as referred to in Article

69 paragraph (1) letter j shall be punished with imprisonment of one (1)

years and a fine of not more Rp1.000.000.000, 00 (one billion rupiahs).

Article 114

Every person in charge of business and / or activities that do not perform

government coercion shall be punished with imprisonment of one (1)

years and a fine of not more Rp1.000.000.000, 00 (one billion rupiahs).

Article 115

Any person who willfully prevents, obstructs, or

frustrate the implementation of the official duties of environmental inspectors

and / or civil investigation authorities shall be punished with

imprisonment of 1 (one) years and a fine of not more

Rp500.000.000, 00 (five hundred million rupiahs).

Article 116

(1) If the environmental crimes committed by, to, or above

name of business entities, criminal prosecution and criminal sanctions imposed

to:

a. business entities and / or

b. people who give orders to commit criminal acts

or person acting as a leader in the activities

the crime.

(2) If the offense referred to in the environment

paragraph (1) conducted by the people, which is based on employment or

based on other relationships that act within the scope of agency work

business, criminal sanctions imposed against the command or

leader in the criminal act without regard to the follow-

crime was committed alone or together.

Article 117

If criminal charges are filed with the command or leader

criminal act referred to in Article 116 paragraph (1) letter b,

threat of criminal sanctions of imprisonment and a fine is

with a third.

Article 118

On criminal acts referred to in Article 116 paragraph (1)

letters a, criminal sanctions imposed on business entities are represented by

management authorized representative within and outside the court

accordance with statutory regulations as functional perpetrators.

Section 119

In addition to crime as referred to in this Act, against

business entities may be subject to additional criminal or procedural measures

the form:

a. deprivation of the benefits obtained from crime;

b. closure of all or part of the business and / or activities;

c. improvements as a result of crime;

d. compulsory to do what is neglected without rights, and / or

e. placement under guardianship company longer than 3 (three) years.

Article 120

(1) In implementing the provisions referred to in Article

119 letters a, b, c, and d, prosecutors coordinate

with the agency in charge of protection and

environmental management to carry out the execution.

(2) In implementing the provisions referred to in Article 119

letter e, the Government is authorized to manage the business entity

38

sanctioned placement under guardianship for

implement court decisions that have legal force

fixed.

CHAPTER XVI

TRANSITIONAL PROVISIONS

Article 121

(1) At the time of enactment of this Act, within a period of 2

(Two) years, every business and / or activities that have been licensed

business and / or activities but do not yet have mandatory Amdal document

completing an environmental audit.

(2) At the time of enactment of this Act, within a period of 2

(Two) years, every business and / or activities that have been licensed

business and / or activities but do not yet have UKL-UPL shall make

document management environment.

Article 122

(1) At the time of enactment of this Act, within a period of 1

(One) year, each constituent must have a certificate of competency Amdal

Amdal constituent.

(2) At the time of enactment of this Act, within a period of 1

(One) year, any environmental auditor must have a certificate

environmental auditor competence.

Article 123

All licenses in the field of environmental management that have been issued

by the minister, governor or regent / mayor in accordance with their authority

must be integrated into the environmental permit maximum 1 (one) year from the

This law established.

CHAPTER XVII

CLOSING

Article 124

At the time the Act comes into force, all regulatory legislation

which is the implementing regulations of the Act

Number 23 of 1997 on Environmental Management (Gazette

Republic of Indonesia Year 1997 Number 68, Supplement

Republic of Indonesia Number 3699) declared still valid

as long as not contrary to or not replaced with new regulations

under this Act.

Article 125

At the time the Act comes into force, Law Number 23

Of 1997 on Environmental Management (State Gazette

Republic of Indonesia Year 1997 Number 68, Additional State Gazette

Republic of Indonesia Number 3699) is revoked and declared invalid.

39

Article 126

Implementing regulations mandated in this Act

set a maximum 1 (one) year after this Act

put in place.

Article 127

This Act shall come into force on the date of promulgation.

For public cognizance, it is ordered

This Act by publishing in the Government Gazette

Republic of Indonesia.

Ratified in Jakarta

on October 3, 2009

PRESIDENT OF THE REPUBLIC OF INDONESIA,

DR. H. SUSILO BAMBANG YUDHOYONO

Promulgated in Jakarta

on October 3, 2009

MINISTER OF JUSTICE AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA

ANDI MATTALATTA

REPUBLIC OF INDONESIA YEAR 2009 NUMBER 140.

40

EXPLANATION

THE

LAW OF THE REPUBLIC OF INDONESIA

NUMBER 32 OF 2009

ABOUT

ENVIRONMENTAL PROTECTION AND MANAGEMENT

I. GENERAL

1. Constitution of the Republic of Indonesia Year 1945

states that the environment is good and healthy life is

human rights and constitutional rights for every citizen of Indonesia.

Therefore, countries, governments and all stakeholders

interests of protection and obliged to perform

environmental management in the implementation of development

sustainable environment that Indonesia could still be

resources and life support for the people of Indonesia as well as being

another life.

2. Unitary State of Republic of Indonesia lies in the cross position between

two continents and two oceans with a tropical climate and weather and

season, which produces a highly valuable natural conditions. In addition to

that Indonesia has the second longest coastline in the world with

large populations. Indonesia has a wealth of

biodiversity and natural resources are abundant.

Wealth needs to be protected and managed in a system

protection and management of integrated environmental and

integrated between the marine environment, land and air based

insights into the archipelago.

Indonesia also be in a position very vulnerable to the impacts

of climate change. These impacts include the decline in food production,

disruption of water supply, the spread of pests and plant diseases

and human diseases, rising sea levels, sinking pulaupulau

small, and loss of biodiversity.

Availability of natural resources in terms of quantity or quality is not

evenly, while the construction activities require resources

natural increase. Development activities also

contain the risk of pollution and environmental damage.

This condition can result in the carrying capacity, capacity, and

environmental productivity decline that eventually became

social burden.

Therefore, the Indonesian environment must be protected and

properly managed based on the principles of state responsibility, the principle

sustainability, and fairness. In addition, environmental management

life should be able to provide economic benefits, social, and

culture that is based on the principle of prudence, democracy

environment, decentralization, and the recognition and respect for

local wisdom and the wisdom of the environment.

Protection and environmental management demands

development of an integrated system in the form of a policy

41

national protection and environmental management that must be

implemented consistently and consequences from the center to the

the area.

3. The use of natural resources must be harmonious, and balanced

with function Iingkungan life. As a consequence, policy,

plans, and / or program development must be animated by the obligation

make preservation of the environment and realize the goal of

of sustainable development.

This Act requires the Government and local government

to create a strategic environmental assessment (KLHS) for

ensure that the principles of sustainable development has become

basic and integrated in the development of an area and / or

policies, plans, and / or programs. In other words, the results

KLHS should be the basis for policies, plans and / or program

development within a region. If the results stated KLHS

that the carrying capacity is exceeded, policies,

plans, and / or development programs shall be repaired

KLHS accordance with the recommendations and all the effort and / or activities

which has exceeded the carrying capacity of the environment

life is not allowed anymore.

4. Science and technology have improved the quality of life and

change human lifestyles. Use of chemical-based products have been

increase the production of hazardous and toxic wastes. It was

demands the development of a safe disposal system with

small risk to the environment, health, and survival

of human and other living creatures.

In addition to producing products that are beneficial to society,

industrialization also had the effect, among others, resulting

hazardous materials and toxic wastes, which if discharged into

environmental media can threaten the environment,

health, and survival of human beings and other living creatures.

By realizing this, hazardous materials and toxic

materials need to be protected and managed properly. Territory of the

Unitary Republic of Indonesia must be free of disposal of waste materials

hazardous and toxic substances from outside the territory of Indonesia.

Recognizing the potential negative impacts as

consequences of development, efforts continue to be developed

impact control early. Analysis of the impact

environment (EIA) is one of the preemptive management

environment that continues to be strengthened by increasing the

accountability in the implementation of the preparation Amdal with

require licensing for appraisers Amdal and implementation

certification for Amdal constituent documents, and by clarifying

legal sanctions for the offenders in the area of Amdal.

EIA is also one of the key requirements in obtaining

absolute environmental permits held before a business license is obtained.

5. Preventive efforts in order to control environmental impacts

need to be implemented by utilizing the maximum

42

instrument control and permissions. In terms of pollution and

environmental damage has occurred, efforts are required

repressive form of effective law enforcement, consistent, and

consistent with the pollution and environmental damage

already occurred.

In this regard, the need to develop a system

legal protection and environmental management are clear,

decisive, and comprehensive to ensure legal certainty as

foundation for the protection and management of natural resources and

other development activities.

This Act also utilize various legal provisions,

good administrative law, civil law, and criminal law.

Provisions of civil law including the settlement of environmental disputes

life outside the court and in court. Completion

environmental disputes in the courts include a lawsuit

representative groups, environmental organizations the right to sue, or the right

government accountability. Through this way than would be expected

deterrent effect will also increase awareness of all

stakeholders on how important the protection and

environmental management for the life of today's generation and

the future.

6. Enforcement of criminal law in this Act to introduce

The minimum penalty in addition to the maximum, the expansion tool

evidence, punishment for violations of quality standards, alignment

criminal law enforcement, and regulation of corporate crime.

Enforcement of environmental criminal law taking into account the principle

ultimum remedium which requires the application of law enforcement

criminal as a last resort after the application of law enforcement

administration considered unsuccessful. Application of the principle ultimum

remedium applies only to certain formal criminal acts, namely

criminalization of violations of water quality standards of waste, emissions, and

distractions.

7. The fundamental difference between the Act No. 23 of 1997

on environmental management with this Act

is the strength contained in this Act

about the principles of environmental protection and management

which is based on good governance because in

every process of formulation and implementation of prevention instruments

pollution and / or damage to the environment and

prevention and law enforcement requires the integration

aspects of transparency, participation, accountability, and fairness.

8. In addition, this Act also regulates:

a. integrity of the elements of environmental management;

b. clarity of authority between central and regional levels;

c. strengthening their efforts on environmental control;

d. strengthening pollution prevention instruments and / or damage

environment, which includes environmental assessment instrument

strategic, spatial, environmental quality standards, standard criteria

43

environmental damage, Amdal, environmental management efforts

life and environmental monitoring efforts, licensing,

environmental economic instruments, regulatory legislation

based environment, environment-based budget

life, environmental risk analysis, and other instruments

accordance with the development of science and technology;

e. efficient use of licensing as an instrument of control;

f. utilization of the ecosystem approach;

g. certainty in responding to and anticipating developments

global environment;

h. strengthening environmental democracy through access to information, access

participation, and access to justice and strengthening the rights of

communities in the protection and management of the environment;

i. enforcement of civil law, administrative, and criminal in a more

clear;

j. institutional strengthening of environmental protection and management

live a more effective and responsive; and

k. strengthening environmental regulatory authority officials and

civil servant investigators environment.

9. This Act provides broad authority to the Minister

to carry out the whole of government authority in

protection and management of environment and perform

coordination with other agencies. Through this Act,

The government gave a very broad authority to the government

region in the conduct and management of environmental protection

living in their respective areas which are not regulated in Law

Act No. 23 of 1997 on Environmental Management.

Therefore, an institution that has a workload based

This law is not enough just to an organization that

establish and coordinate the implementation of policies, but

it takes an organization with a portfolio setting,

implement, and oversee the protection and management policies

the environment. In addition, the institute is expected to also have

scope of authority to monitor natural resources for

conservation interests. To guarantee the implementation of the basic tasks

and function of these institutions required financial support from

budget revenues and expenditures are adequate to

The government and the budget revenue and expenditure areas

adequate for local governments.

II. ARTICLE BY ARTICLE

Article 1

Self-explanatory.

Article 2

Letter a

What is meant by "the principle of state responsibility" are:

a. the state guarantees the use of natural resources will

provide benefits for the greater welfare

44

and quality of life, both present and future generations

of future generations.

b. the state guarantees the right of citizens to environmental

good and healthy.

c. state prevents the resource utilization activities

natural resources that cause pollution and / or damage

the environment.

Point b

What is meant by "the principle of sustainability and sustainability"

is that everyone assume the obligations and responsibilities

responsibility towards future generations and against each other

within a generation by making efforts to conserve power

supporting ecosystems and improving the quality of the environment.

Letter c

What is meant by "the principle of harmony and balance"

is that the utilization of the environment should

considering various aspects such as economic interests,

social, cultural, and the protection and preservation of ecosystems.

Letter d

What is meant by "integration principle" is that

protection and management of the environment is done

by combining various elements or synergizing various

related components.

Letter e

The term "utility function" is that all

business and / or development activities undertaken

adapted to the potential of natural resources and environment

life to improving people's welfare and dignity

man in harmony with the environment.

F

The term "precautionary principle" is that

uncertainty about the impact of a business and / or activities

due to limited mastery of science and technology

not a reason for postponing measures

minimize or avoid the threat of contamination

and / or damage to the environment.

Letter g

What is meant by "fairness" is that

protection and environmental management should

proportionally reflect justice for every citizen

countries, both cross-regional, cross-generational, and cross-gender.

The h

The definition of "principle ecoregions" is that

protection and environmental management should

attention to the characteristics of natural resources, ecosystems,

45

geographical conditions, local culture, and wisdom

local.

The letter i

What is meant by "the principle of biodiversity" is

that the protection and management of the environment should

noticed a concerted effort to maintain

presence, diversity, and sustainability of natural resources

consisting of biological resources and sources of natural vegetable

animal resources along with non-biological elements in

the surrounding ecosystem as a whole form.

Letter j

The definition of "polluter pays principle" is that

every person in charge of business and / or activities

cause pollution and / or damage to the environment

shall bear the costs of environmental restoration.

The letter k

The term "participatory principle" is that every

community members are encouraged to play an active role in the process

decision-making and implementation of protection and

environmental management, both directly and

indirectly.

The letter l

What is meant by "the principle of local wisdom" is that in

protection and environmental management should

attention to the noble values that apply in order

people's lives.

The letter m

What is meant by "principles of good governance"

is that the protection and management of environmental

animated by the principles of participation, transparency, accountability,

efficiency, and fairness.

The letter n

What is meant by "the principle of local autonomy" is that

Government and local governments regulate and administer

own affairs in the field of protection and

environmental management by taking into account

specificity and diversity of the area within the frame of State

Unitary Republic of Indonesia.

Article 3

Self-explanatory.

Article 4

Self-explanatory.

46

Article 5

Self-explanatory.

Article 6

Self-explanatory.

Article 7

Self-explanatory.

Article 8

Self-explanatory.

Article 9

Self-explanatory.

Article 10

Subsection (1)

Self-explanatory.

Paragraph (2)

Letter a

Self-explanatory.

Point b

Self-explanatory.

Letter c

Self-explanatory.

Letter d

Local wisdom in this paragraph shall include customary rights are

approved by Parliament.

Letter e

Self-explanatory.

F

Self-explanatory.

Paragraph (3)

Self-explanatory.

Paragraph (4)

Self-explanatory.

Paragraph (5)

Self-explanatory.

Article 11

Self-explanatory.

47

Article 12

Self-explanatory.

Article 13

Subsection (1)

Pollution control and / or damage to the environment

referred to in this provision, among other controls:

a. water pollution, air, and sea; and

b. ecosystem damage and damage from climate change.

Paragraph (2)

Self-explanatory.

Paragraph (3)

Self-explanatory.

Article 14

Self-explanatory.

Article 15

Subsection (1)

The term "territory" is a space that is

geographical unity and all related elements are the limits and

the system is determined based on the administrative aspects and / or

functional aspects.

Paragraph (2)

Letter a

Self-explanatory.

Point b

Impact and / or environmental risk is

include:

a. climate change;

b.kerusakan, deterioration, and / or extinction

biodiversity;

c. increase in intensity and scope of the flood affected areas,

landslides, droughts, and / or land and forest fires;

d.penurunan quality and abundance of natural resources;

e. increase in forest area over the function and / or land;

f. increasing number of poor or threatened

sustainability of the livelihoods of a group of people;

and / or

g. increased risk to health and safety

people.

Paragraph (3)

Self-explanatory.

48

Article 16

Self-explanatory.

Article 17

Self-explanatory.

Article 18

Subsection (1)

Community involvement is done through dialogue, discussion, and

public consultation.

Paragraph (2)

Self-explanatory.

Article 19

Self-explanatory.

Article 20

Subsection (1)

Self-explanatory.

Paragraph (2)

Letter a

The term "water quality standard" is a measure

limits or levels of living things, substances, energy, or

components that exist or should exist, and / or elements

pollutant which tolerated its presence in the water.

Point b

The term "waste water quality standard" is

size limits or tolerable levels of pollutants to

incorporated into aqueous media.

Letter c

The term "marine water quality standard" is a measure

limits or levels of living things, substances, energy, or

components that exist or should exist and / or elements

contaminants are tolerated presence in sea water.

Letter d

The term "ambient air quality standard"

is the size limits or levels of substances, energy, and / or

components that should exist, and / or elements

pollutants existence of which in the air

ambient.

Letter e

The term "emission standard quality" is a measure

pollutant limits or tolerated levels for

inserted into the air medium.

49

F

What is meant by "quality standard interference" is

size of the tolerable limit of pollutant elements

existence which includes elements of vibration, noise,

and kebauan.

Letter g

Self-explanatory.

Paragraph (3)

Self-explanatory.

Paragraph (4)

Self-explanatory.

Paragraph (5)

Self-explanatory.

Article 21

Subsection (1)

Self-explanatory.

Paragraph (2)

Self-explanatory.

Paragraph (3)

Letter a

The term "biomass production" is bentukbentuk

utilization of land resources for

produce biomass.

What is meant by "standard criteria of soil degradation

for biomass production "is the size limit changes

nature of the soil which can be measured related to the

biomass production activities.

Standard criteria of the destruction of land for biomass production

include agricultural land or land cultivation and

the forest.

Point b

What is meant by "standard criteria of damage to coral

rock "is the size limit of the physical changes and / or

biodiversity of coral reefs that can be tolerated.

Letter c

The definition of "environmental damage

related to forest fires and / or land "is

influence of environmental changes on the form

damage and / or environmental pollution

related to forest fires and / or land

caused by a business and / or activities.

50

Letter d

Self-explanatory.

Letter e

Self-explanatory.

F

Self-explanatory.

Letter g

Self-explanatory.

The h

Self-explanatory.

Paragraph (4)

Self-explanatory.

Paragraph (5)

Self-explanatory.

Article 22

Self-explanatory.

Article 23

Subsection (1)

Letter a

Self-explanatory.

Point b

Self-explanatory.

Letter c

Self-explanatory.

Letter d

Self-explanatory.

Letter e

Self-explanatory.

F

Microorganism in this letter, including product engineering

Genetic.

Letter g

Self-explanatory.

The h

Self-explanatory.

51

The letter i

Self-explanatory.

Paragraph (2)

Self-explanatory.

Article 24

Self-explanatory.

Article 25

Letter a

Self-explanatory.

Point b

Self-explanatory.

Letter c

Self-explanatory.

Letter d

Self-explanatory.

Letter e

Self-explanatory.

F

Management plan and environmental monitoring

intended to avoid, minimize, mitigate,

and / or compensate for the impact of a business and / or

activities.

Article 26

Subsection (1)

Community engagement undertaken in the process

announcements and public consultation in order to capture

suggestions and comments.

Paragraph (2)

Self-explanatory.

Paragraph (3)

Self-explanatory.

Paragraph (4)

Self-explanatory.

Article 27

What is meant by "other parties" among other constituent agencies

Amdal or consultants.

52

Article 28

Self-explanatory.

Article 29

Self-explanatory.

Article 30

Self-explanatory.

Article 31

Self-explanatory.

Article 32

Self-explanatory.

Article 33

Self-explanatory.

Article 34

Self-explanatory.

Article 35

Self-explanatory.

Article 36

Subsection (1)

Self-explanatory.

Paragraph (2)

Recommendations UKL-UPL assessed by a technical team environment agency

of life.

Paragraph (3)

Self-explanatory.

Paragraph (4)

Self-explanatory.

Article 37

Self-explanatory.

Article 38

Self-explanatory.

Article 39

Subsection (1)

The announcement of this Article is the implementation of the above

disclosure of information. The announcement allows

community participation, especially those not yet using

opportunities in the objections procedure, hearing, and

others in the licensing decision making process.

53

Paragraph (2)

Self-explanatory.

Article 40

Subsection (1)

The definition of a business license and / or activities under subsection

These include permits, called by other names such as permit

operating and construction permits.

Paragraph (2)

Self-explanatory.

Paragraph (3)

The changes referred to in this paragraph, among others, because

switching ownership, technological change, addition or

reduction of production capacity, and / or business location

and / or migratory activity.

Article 41

Self-explanatory.

Article 42

Subsection (1)

Self-explanatory.

Paragraph (2)

Letter a

What is meant by "economic instruments in

development planning "is an effort to internalizing

environmental aspects into planning and

implementation of development and economic activity.

Point b

What is meant by "funding environment" is

a system and mechanism of accumulation and

management of the funds used to finance the effort

protection and environmental management.

Environmental funding comes from various sources,

for example, levies, grants, and others.

Letter c

The incentive is an attempt to give a boost or power

pull in monetary and / or non-monetary to each

people or the Government and local government to

perform activities that have a positive impact on reserves

natural resources and the quality of the environment.

Disincentive is the imposition of a burden or a threat

monetary and / or non-monetary to everyone

or the Government and local government to

reducing activities that impact negatively on

54

reserves of natural resources and environmental quality functions

of life.

Article 43

Subsection (1)

Letter a

What is meant by "balance natural resources" is

overview of natural resources and reserves

changes, both in physical units and in value

monetary.

Point b

The definition of "gross domestic product" is

value of all goods and services produced by a

countries in certain periods.

The term "gross regional domestic product"

is the value of all goods and services produced by

an area in a certain period.

Letter c

The term "compensation mechanism / reward

interregional environment "are all ways

compensation / reward made by the person, society,

and / or local governments as service beneficiaries

environmental service provider environment.

Letter d

What is meant by "internalization of environmental costs

life "is the inclusion of the cost of pollution and / or

environmental damage in the calculation of the cost

production or cost of a business and / or activities.

Paragraph (2)

Letter a

The term "guarantee fund recovery

environment "is a fund set up by a

business and / or activities for the restoration of the quality

environmental damage because of its activities.

Point b

The term "mitigation funds" are funds

used to tackle pollution

and / or environmental damage arising from

a business and / or activities.

Letter c

The term "trust fund / aid" is

funds derived from sources of grants and donations to

interests of environmental conservation.

55

Paragraph (3)

Letter a

What is meant by "friendly procurement

environment "is the procurement of

prioritize goods and services that are labeled friendly

the environment.

Point b

What is meant by "environmental taxes" are

charges by the Government and local governments to

every person who exploit natural resources, such as

groundwater capture tax, fuel tax

oil, and taxes bird's nest.

The term "environmental levy" is

levies by local governments to

every person who is prepared to make use of

local governments such as wastewater treatment charges.

The term "environmental subsidy" is

ease or reduction of a given load

to any person whose activities have an impact

improve the function of the environment.

Letter c

The term "financial institution system friendly

environment "is a system of financial institutions

implement the requirements of the protection and management

environmental financing policies and practices

system of banks and financial institutions financial institutions

nonbank.

What is meant by "environmentally friendly capital market

life "is a capital market that implement the requirements

protection and environmental management for

company entering the capital market or company

open, such as the application of environmental auditing requirements

life for companies that will sell shares in the market

of capital.

Letter d

The term "discharge permit trading

waste and / or emission "is a waste buying and selling quota

and / or allowable emissions to be discharged into the media

antarpenanggung responsible for the business environment and / or

activities.

Letter e

The definition of "payment for environmental services

life "is a payment / reward is given by

56

beneficiaries of environmental services to providers

the environment.

F

What is meant by "environmental insurance" is

insurance that provides protection in the event

pollution and / or damage to the environment.

Letter g

The term "eco-friendly label system

life "is the provision of a sign or label to productproducts

friendly environment.

The h

Self-explanatory.

Paragraph (4)

Self-explanatory

Article 44

Self-explanatory.

Article 45

Subsection (1)

Self-explanatory.

Paragraph (2)

Performance criteria for the protection and management of the environment

include, among others, to maintain the region's performance

koservasi and decreased levels of pollution and / or

environmental damage.

Article 46

Self-explanatory.

Article 47

Subsection (1)

The term "environmental risk analysis" is

among other procedures used to assess the release

and circulation of genetic engineering and cleaning products (clean

up) B3 waste.

Paragraph (2)

Letter a

In this provision "risk assessment" includes all

begin the process of hazard identification, assessment of the amount

consequence or result, and the assessment of possible

the emergence of unwanted effects, both to

security and human health and the environment

of life.

57

Point b

In this provision "risk management" includes the evaluation

selection of risk or risk that requires management,

identification of risk management options, the selection of actions

for management, and implementing actions

is selected.

Letter c

The term "risk communication" is the process

interactive exchange of information and opinion among

individuals, groups and institutions with regard to

the risk.

Paragraph (3)

Self-explanatory.

Article 48

Self-explanatory.

Article 49

Subsection (1)

Letter a

What is meant by "business and / or specific activities

high-risk "is a business and / or activities

event of an accident and / or emergency

result in a large and broad

human health and the environment as

petrochemical, oil and gas refineries, and power

nuclear power plant.

Environmental audit documents containing:

a. information includes the purpose and process of implementation

audit;

b. audit findings;

c. audit conclusions; and

d. data and supporting information.

Point b

Self-explanatory.

Paragraph (2)

Self-explanatory.

Paragraph (3)

Self-explanatory.

Article 50

Self-explanatory.

Article 51

58

Self-explanatory.

Article 52

Self-explanatory.

Article 53

Self-explanatory.

Article 54

Subsection (1)

Self-explanatory.

Paragraph (2)

Letter a

Self-explanatory.

Point b

The definition of "remediation" is the recovery effort

pollution of the environment to improve the quality of

the environment.

Letter c

The definition of "rehabilitation" is an attempt

recovery to restore the values, functions, and benefits

including efforts to prevent environmental damage

land, provide protection, and repair

the ecosystem.

Letter d

The definition of "restoration" is the recovery effort

to make the environment or part thereof

function again as it was originally.

Letter e

Self-explanatory

Paragraph (3)

Self-explanatory.

Article 55

Self-explanatory.

Article 56

Self-explanatory.

Article 57

Subsection (1)

What is meant by "preserving the environment" is

efforts made to maintain the preservation of function

environment and prevent the reduction or

59

environmental damage caused by the act

people.

Letter a

Conservation of natural resources include, among others,

conservation of water resources, forest ecosystems, ecosystem

coastal and marine, energy, peatland ecosystems, and

karst ecosystems.

Point b

Backup of natural resources include natural resources

which can be managed in the long run and the time

given according to need.

To perform backups of natural resources,

Government, provincial government, or government

districts / municipalities and individuals can build:

a. biodiversity in the park outside the forest area;

b. green open space (RTH) at least 30% of the area

island / archipelago; and / or

c. planting and maintaining trees outside the forest area,

especially rare plants.

Letter c

Self-explanatory.

Paragraph (2)

Letter a

Self-explanatory.

Point b

The definition of "preservation of natural resources"

is an attempt to maintain the integrity and authenticity

natural resources and their ecosystems.

Letter c

Self-explanatory.

Paragraph (3)

Self-explanatory.

Paragraph (4)

Letter a

The term "climate change mitigation" is

series of activities carried out in an attempt

reducing greenhouse gas emissions as a form of

impacts of climate change mitigation efforts.

What is meant by "adaptation to climate change" is

efforts made to improve the ability

60

in adapting to climate change,

including climate variability and extreme climate events

so the potential damage from climate change

reduced, the opportunities posed by climate change

can be utilized, and the consequences of

climate change can be overcome.

Point b

Self-explanatory.

Letter c

Self-explanatory.

Paragraph (5)

Self-explanatory.

Article 58

Subsection (1)

The obligation to carry out management of B3 is an attempt

to reduce the possibility of risk to

form of environmental pollution and / or

environmental damage, given the B3 has the potential

large enough to cause negative impacts.

Paragraph (2)

Self-explanatory.

Article 59

Subsection (1)

B3 waste management is a series of activities

includes a reduction, storage, collection,

transportation, utilization, and / or processing, including

B3 landfill.

Paragraph (2)

Self-explanatory.

Paragraph (3)

What is meant by the other party is a business entity

carry out management of B3 waste and has to get permission.

Paragraph (4)

Self-explanatory.

Paragraph (5)

Self-explanatory.

Subsection (6)

Self-explanatory.

Paragraph (7)

Self-explanatory.

61

Article 60

Self-explanatory.

Article 61

Self-explanatory.

Article 62

Subsection (1)

Environmental information system contains, among other things,

diversity of ecological character, population distribution, distribution

potential of natural resources, and local wisdom.

Paragraph (2)

Self-explanatory.

Paragraph (3)

Self-explanatory.

Paragraph (4)

Self-explanatory.

Article 63

Self-explanatory.

Article 64

Self-explanatory.

Article 65

Subsection (1)

Self-explanatory.

Paragraph (2)

The right to environmental information is a

corollary of the right role in the management

environment based on the principle of openness. Right

to environmental information will increase the value and

effectiveness of participation in environmental management, in

side will open up opportunities for community

actualize their right to good living environment and

healthy. Environmental information referred to in

This verse can be data, information, or other information

with respect to environmental protection and management

life according to nature and its purpose is open to

known to the public, such as analysis documents

environmental impact, reporting, and evaluation results

environmental monitoring, both monitoring of compliance

and monitoring of environmental quality changes and

spatial plan.

62

Paragraph (3)

Self-explanatory.

Paragraph (4)

Self-explanatory.

Paragraph (5)

Self-explanatory.

Subsection (6)

Self-explanatory.

Article 66

This provision is intended to protect victims and / or

complainant who resort to the law due to pollution and / or

destruction of the environment.

This protection is intended to prevent acts of retaliation

of reported through criminalization and / or a civil suit by

considering the independence of the judiciary.

Article 67

Self-explanatory.

Article 68

Self-explanatory.

Article 69

Subsection (1)

Letter a

Self-explanatory.

Point b

B3 is prohibited under this provision, among others, DDT,

PCBs, and dieldrin.

Letter c

Prohibition under this provision exempted for the regulated

in the legislation.

Letter d

Prohibited in this letter, including imports.

Letter e

Self-explanatory.

F

Self-explanatory.

Letter g

Self-explanatory.

63

The h

Self-explanatory.

The letter i

Self-explanatory.

Letter j

Self-explanatory.

Paragraph (2)

Local wisdom is referred to in this provision is

burning of land with total area of maximum 2

hectares per family for arable crop types

local varieties and is surrounded by firebreaks as a deterrent

propagation of flame into the surrounding area.

Article 70

Subsection (1)

Self-explanatory.

Paragraph (2)

Letter a

Self-explanatory.

Point b

Providing advice and opinions in this provision

included in the preparation KLHS and Amdal.

Letter c

Self-explanatory.

Paragraph (3)

Self-explanatory.

Article 71

Self-explanatory.

Article 72

Self-explanatory.

Article 73

What is meant by "serious violation" is the act

unlawful pollution and / or

environmental damage are relatively large and cause

public unrest.

Article 74

Self-explanatory.

64

Article 75

Self-explanatory.

Article 76

Self-explanatory.

Article 77

Self-explanatory.

Article 78

Self-explanatory.

Article 79

Self-explanatory.

Article 80

Subsection (1)

Self-explanatory.

Paragraph (2)

Letter a

What is meant by "a very serious threat"

is a situation that is potentially very

endanger the safety and health of many people

so that treatment can not be postponed.

Point b

Self-explanatory.

Letter c

Self-explanatory.

Article 81

Self-explanatory.

Article 82

Self-explanatory.

Article 83

Self-explanatory.

Article 84

Subsection (1)

The provisions in this paragraph is intended to protect the rights

civil parties to the dispute.

Paragraph (2)

Self-explanatory.

65

Paragraph (3)

The provisions in this paragraph are intended to prevent the occurrence of

a different decision regarding the environmental dispute

to ensure legal certainty.

Article 85

Self-explanatory.

Article 86

Self-explanatory.

Article 87

Subsection (1)

The provisions of this paragraph is the realization of the principle that there

in environmental law called the principle of polluter

to pay. In addition to required to pay damages, pollutants

and / or damaging the environment can be burdened by

judge to perform certain legal actions, such as

orders to:

a. install or repair a waste treatment facility so that

waste in accordance with environmental quality standards which

determined;

b. restoring environmental functions, and / or

c. diminish or eliminate the causes of

pollution and / or destruction of the environment.

Paragraph (2)

Self-explanatory.

Paragraph (3)

The imposition of compulsory payments for each day

delay in executing court orders to

carry out certain actions for the preservation of function

the environment.

Paragraph (4)

Self-explanatory.

Article 88

What is meant by "absolute responsibility" or strict

liability is not necessary to prove fault element by the

plaintiff as the basis for compensation payments. The provisions of this paragraph

a lex specialis in the lawsuit regarding actions

breaking the law in general. The amount of compensation

can be charged to the polluter or destroyer of the environment

live according to this Article may be determined to some extent.

What is meant by "until a certain time limit" is that if

determination according to laws and regulations specified

mandatory insurance for businesses and / or activities

concerned or have available funds of the environment.

66

Article 89

Self-explanatory.

Article 90

Subsection (1)

The definition of "environmental damage" is

losses arising from pollution and / or damage

environment which is not a private property.

Certain action is a precautionary measure and

pollution prevention and / or damage and

recovery to ensure environmental functions will not be

occur or recurrence of negative impacts on the environment

of life.

Paragraph (2)

Self-explanatory.

Article 91

Self-explanatory.

Article 92

Self-explanatory.

Article 93

Self-explanatory.

Article 94

Subsection (1)

Self-explanatory.

Paragraph (2)

Self-explanatory.

Paragraph (3)

The definition of coordination is the act of consultation in order to get relief

personnel, facilities, and infrastructure needed in the investigation.

Paragraph (4)

Notification of this Article is not a notice commencement of the investigation, but

to reinforce the coordination between investigating officers and Police officials

investigating the Republic of Indonesia.

Paragraph (5)

Self-explanatory.

Subsection (6)

Self-explanatory.

67

Article 95

Self-explanatory.

Article 96

Letter a

Self-explanatory.

Point b

Self-explanatory.

Letter c

Self-explanatory.

Letter d

Self-explanatory.

Letter e

Self-explanatory.

Letter f

What is meant by other evidence, cover, information uttered, sent, received, or

stored in

electronic, magnetic, optical, and / or other similar device; and / or evidence of

data, records, or information that can be read, seen, and heard that can be issued

with and / or without the aid of a tool, both embodied in On paper, any physical

object other than paper, or a electronically, is not limited to text, sound or

drawings, maps, designs, photographs or the like, letters, marks, numbers, symbols,

or perforation which have meaning or which can be understood or read.

Article 97

Self-explanatory.

Article 98

Self-explanatory.

Article 99

Self-explanatory.

Article 100

Self-explanatory.

Article 101

What is meant by "releasing genetically engineered products" is statement

acknowledges a result of breeding of genetically modified yielding varieties and can

be disseminated after meeting the requirements under legislation.

What is meant by "circulating products of genetic engineering" is any activity or

series of activities within the framework of distribution commodity products of

genetic engineering to society, both for traded or not.

Article 102

Self-explanatory.

Article 103

Self-explanatory.

Article 104

Self-explanatory.

Article 105

Self-explanatory.

Article 106

Self-explanatory.

Article 107

Self-explanatory.

Section 108

Self-explanatory.

Article 109

Self-explanatory.

Article 110

Self-explanatory.

Section 111

Self-explanatory.

Article 112

Self-explanatory.

Section 113

False information referred to in this Article may be shaped document or oral

statement that is inconsistent with the facts the actual or incorrect information.

Article 114

Self-explanatory.

Section 115

Self-explanatory.

Article 116

Self-explanatory.

69

Article 117

Self-explanatory.

Article 118

What is meant by functional actors in this Article is the body business and legal

entity.

Criminal charges levied against the leaders of business entities and legal entities for

criminal enterprises and legal entities are functional so that the criminal offense

charged and sanctions are imposed on those who have authority against the

perpetrators of physical and accept the physical perpetrator's actions.

What is meant by taking action in this Article includes approving, allowing, or not

doing enough supervision of the physical perpetrator's actions, and / or have

policies that allow the occurrence of crime.

Section 119

Self-explanatory.

Article 120

Self-explanatory.

Article 121

Self-explanatory.

Article 122

Self-explanatory.

Article 123

Permits under this provision, for example, permit of the management of B3 waste,

permit of wastewater disposal into the sea, and wastewater discharge, permit to

sources of water.

Article 124

Self-explanatory.

Article 125

Self-explanatory.

Article 126

Self-explanatory.

Article 127

Self-explanatory.

REPUBLIC OF INDONESIA NUMBER 5059.