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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 a good and healthy living environment is a basic human right of every Indonesian citizen as mandated in Article
28H of the 1945 Constitution of the Republic of Indonesia;

b. that national economic development as mandated by the 1945 Constitution of the Republic of Indonesia is carried out
based on the principles of sustainable and environmentally aware development; c. that the spirit of regional
autonomy in the governance of the Unitary State
of the Republic of Indonesia has brought about changes in the relationship and authority between the Government and
regional governments, including in the field of environmental protection and management;

d. that the increasingly declining quality of the environment has threatened the continuity of human life and other living
creatures, so that serious and consistent environmental protection and management is needed by all stakeholders;

e. that increasing global warming results in climate change, thereby worsening the decline in environmental quality,
therefore it is necessary to protect and manage the environment;

f. that in order to further guarantee legal certainty and provide protection for the rights of every person to obtain a good
and healthy environment as part of the protection of the entire ecosystem, it is necessary to update Law Number
23 of 1997 concerning Environmental Management; g. that based on the considerations as referred to in letter a,
letter b, letter c, letter d, letter e, and letter f, it is necessary to form a Law concerning
Environmental Protection and Management;

Remember : Article 20, Article 21, Article 28H paragraph (1), and Article 33 paragraph (3) and paragraph (4)
The 1945 Constitution of the Republic of Indonesia;

By Mutual Consent
PEOPLE'S REPRESENTATIVE COUNCIL OF THE REPUBLIC OF INDONESIA
And
PRESIDENT OF THE REPUBLIC OF INDONESIA

DECIDE:

Set : LAW ON PROTECTION AND MANAGEMENT

ENVIRONMENT.
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PIG
GENERAL REQUIREMENTS

article 1
In this Law, the following terms are defined:
1. The environment is a unity of space with all objects, power, conditions, and living creatures, including humans
and their behavior, which affect nature itself, the continuity of life, and the well-being of humans and other
living creatures.
2. Environmental protection and management are systematic and integrated efforts undertaken to preserve
environmental functions and prevent environmental pollution and/or damage, which include planning,
utilization, control, maintenance, supervision and law enforcement.

3. Sustainable development is a conscious and planned effort that combines environmental, social and economic
aspects into a development strategy to ensure the integrity of the environment as well as the safety,
capabilities, welfare and quality of life of the present and future generations.

4. The environmental protection and management plan, hereinafter abbreviated as RPPLH, is a written plan that
contains environmental potential, problems, and efforts to protect and manage it within a certain time period.

5. An ecosystem is a system of environmental elements that is a complete and comprehensive unity and
influences each other in forming balance, stability and productivity of the environment.

6. Environmental function preservation is a series of efforts to maintain the sustainability of environmental

carrying capacity and capacity.
7. Environmental carrying capacity is the ability of the environment to support human life, other living creatures,
and the balance between the two.
8. Environmental carrying capacity is the ability of the environment to absorb substances, energy and/or other
components that enter or are introduced into it.
9. Natural resources are elements of the environment which consist of biological and non-biological resources.
which as a whole form a unified ecosystem.
10. Strategic environmental studies, hereinafter abbreviated as KLHS, are a series of systematic, comprehensive
and participatory analyses to ensure that the principles of sustainable development have become the basis
and are integrated into the development of a region and/or policies, plans and/or programs.

11. Environmental impact analysis, hereinafter referred to as Amdal, is a study of the significant impact of a planned
business and/or activity on the environment which is required for the decision-making process regarding the
implementation of the business and/or activity.

12. Environmental management efforts and environmental monitoring efforts, hereinafter referred to as UKL-UPL,
are the management and monitoring of businesses and/or activities that do not have a significant impact on
the environment which are required for the decision-making process regarding the implementation of
businesses and/or activities.
13. Environmental quality standards are measurements of the limits or levels of living creatures, substances, energy
or components that exist or must exist and/or pollutant elements whose presence is tolerated in a particular
resource as an environmental element.
14. Environmental pollution is the entry or introduction of living creatures, substances, energy and/or other
components into the environment by human activities so that they exceed the established environmental
quality standards.
15. The standard criteria for environmental damage are the limits of changes in the physical, chemical and/or
biological properties of the environment that can be tolerated by the environment in order to maintain its
function.
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16. Environmental damage is the action of a person that causes direct or indirect changes to the physical, chemical and/or biological
properties of the environment so that it exceeds the standard criteria for environmental damage.

17. Environmental damage is a direct and/or indirect change to the physical, chemical and/or biological characteristics of the
environment that exceeds the standard criteria for environmental damage.
18. Conservation of natural resources is the management of natural resources to ensure their wise use and continued availability
while maintaining and improving the quality, value and diversity of their resources.

19. Climate change is a change in climate caused directly or indirectly by human activities, resulting in changes in the composition
of the atmosphere globally and in addition, it is also a change in natural climate variability observed over comparable time
periods.

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

21. Hazardous and toxic materials, hereinafter abbreviated as B3, are substances, energy and/or other components which, due to
their nature, concentration and/or quantity, either directly or indirectly, can pollute and/or damage the environment and/or
endanger the environment, health and survival of humans and other living creatures.

22. Hazardous and toxic waste, hereinafter referred to as B3 waste, is the residue of a business and/or activity that contains B3.

23. B3 waste management is an activity that includes reduction, storage, collection,

transportation, utilization, processing, and/or storage.
24. Dumping is the activity of throwing away, placing and/or entering waste and/or materials in certain quantities, concentrations,
times and locations with certain requirements into certain environmental media.

25. An environmental dispute is a dispute between two or more parties arising from environmental activities.
which have the potential and/or have had an impact on the environment.
26. Environmental impact is the influence of changes in the environment caused by
a business and/or activity.
27. Environmental organizations are groups of people who are organized and formed by their own will.
itself whose goals and activities are related to the environment.
28. An environmental audit is an evaluation carried out to assess the compliance of those responsible for a business and/or activity
with legal requirements and policies set by the government.

29. An ecoregion is a geographical area that has similar characteristics of climate, soil, water, native flora and fauna, as well as
patterns of human interaction with nature that illustrate the integrity of natural systems and the environment.

30. Local wisdom is the noble values that apply in the social order of life to, among other things, protect and manage the environment
sustainably.
31. Customary law communities are groups of people who have lived in a particular geographical area for generations due to ties to
ancestral origins, strong relationships with the environment, and a value system that determines economic, political, social
and legal institutions.

32. Every person is an individual or business entity, whether a legal entity or not.
not incorporated.
33. Environmental economic instruments are a set of economic policies to encourage the government, regional governments, or
individuals towards preserving environmental functions.
34. Serious threats are threats that have a wide impact on the environment and cause...
public unrest.
35. An environmental permit is a permit granted to any person who carries out a business and/or activity that requires an
environmental impact analysis or UKL-UPL in the context of environmental protection and management as a prerequisite for
obtaining a business and/or activity permit.
36. A business and/or activity permit is a permit issued by a technical agency to carry out a business.
and/or activities.
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37. The central government, hereinafter referred to as the Government, is the President of the Republic of
Indonesia who holds the power of government of the Republic of Indonesia as referred to in the 1945
Constitution of the Republic of Indonesia.
38. The regional government is the governor, regent or mayor, and the regional apparatus as elements
local government organizers.
39. The Minister is the minister who carries out government affairs in the field of protection and
environmental management.

CHAPTER II

PRINCIPLES, OBJECTIVES AND SCOPE

Part One
Principle

Article 2
Environmental protection and management are implemented based on the principles:
a. state responsibility; b.
sustainability and continuity;
c. harmony and balance; d. integration;

e. benefits;
f. caution;
g. justice;
h. ecoregion; i.
biodiversity; j. polluter pays; k.
participatory;

l. local wisdom;
m. good governance; and
n. regional autonomy.

Part Two
Objective

Article 3
Environmental protection and management aims to:
a. protect the territory of the Unitary State of the Republic of Indonesia from pollution and/or damage
environment;
b. guarantee human safety, health and life;
c. ensure the continuity of life of living creatures and the sustainability of the ecosystem;
d. maintain the sustainability of environmental
functions; e. achieve harmony, balance and balance in the environment;
f. ensure that justice is fulfilled for the current and future generations;
g. guarantee the fulfillment and protection of environmental rights as part of human rights.
man;
h. control the use of natural resources wisely;
i. realizing sustainable development; and
j. anticipating global environmental issues.

Part Three
Scope

Article 4
Environmental protection and management includes:
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a. planning;
b. utilization;
c. control;
d. maintenance;
e. supervision; and f.
law enforcement.

CHAPTER III

PLANNING

Article 5
Environmental protection and management planning is carried out through the following stages:
a. environmental inventory; b.
determination of ecoregion areas; and
c. preparation of RPPLH.

Part One
Environmental Inventory

Article 6
(1) The environmental inventory as referred to in Article 5 letter a consists of an inventory
environment:
a. national level; b.
island/archipelago level; and
c. ecoregion level.

(2) Environmental inventory is carried out to obtain data and information regarding environmental sources.
natural resources which
include: a. potential and availability;
b. types utilized; c. forms of
control; d. management
knowledge;
e. form of damage; and
f. conflicts and causes of conflicts arising from management.

Part Two
Determination of Ecoregions

Article 7
(1) The environmental inventory as referred to in Article 6 paragraph (1) letters a and b shall be the basis for
determining ecoregion areas and shall be implemented by the Minister after
coordinate with related agencies.
(2) The determination of ecoregion areas as referred to in paragraph (1) is carried out by
considering the similarities:
a. landscape characteristics; b.
river basins; c. climate; d.
flora and
fauna; e. socio-
culture;
f. economy;
g. community institutions; and h.
environmental inventory results.
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Article 8
Environmental inventory at the ecoregion level as referred to in Article 6 paragraph (1) letter c is carried out to determine
the carrying capacity and capacity as well as natural resource reserves.

Part Three
Preparation of Environmental
Protection and Management Plans

Article 9
(1) The RPPLH as referred to in Article 5 letter c consists of:
a. National RPPLH;
b. Provincial RPPLH; and
c. Regency/city RPPLH.
(2) The national RPPLH as referred to in paragraph (1) letter a is prepared based on an inventory
national.
(3) The provincial RPPLH as referred to in paragraph (1) letter b is prepared based on:
a. national RPPLH; b.
island/archipelago level inventory; and c. ecoregion
level inventory.
(4) The district/city RPPLH as referred to in paragraph (1) letter c is prepared based on:
a. provincial RPPLH;
b. island/archipelago level inventory; and c. ecoregion
level inventory.

Article 10
(1) The RPPLH as referred to in Article 9 is prepared by the Minister, governor, or regent/mayor.
in accordance with its authority.
(2) The preparation of the RPPLH as referred to in paragraph (1) takes into account:
a. diversity of ecological characters and functions;
b. population distribution;
c. distribution of natural resource potential; d.
local wisdom; e.
community aspirations; and
f. climate change.
(3) RPPLH is regulated by:
a. government regulations for national RPPLH;
b. provincial regional regulations for provincial RPPLH; and
c. district/city regional regulations for district/city RPPLH.
(4) RPPLH contains plans regarding:
a. utilization and/or reservation of natural resources;
b. maintenance and protection of environmental quality and/or function;
c. control, monitoring, and utilization and preservation of natural resources; and
d. adaptation and mitigation to climate change.
(5) RPPLH is the basis for compiling and is included in long-term development plans and medium-term development plans.

Article 11
Further provisions regarding environmental inventory as referred to in Article 6, determination of ecoregions as referred to in Articles 7
and 8, and RPPLH as referred to in Articles 9 and 10 are regulated in Government Regulation.
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CHAPTER IV

UTILIZATION

Article 12
(1) Utilization of natural resources is carried out based on the RPPLH.
(2) In the event that the RPPLH as referred to in paragraph (1) has not been prepared, the utilization of natural resources
shall be carried out based on the carrying capacity and environmental capacity by taking into account:

a. sustainability of environmental processes and functions; b.

sustainability of environmental productivity; and
c. safety, quality of life and community welfare.
(3) The environmental carrying capacity and carrying capacity as referred to in paragraph (2)
determined by:
a. Minister for national environmental support and capacity and
island/archipelago;
b. governor for the carrying capacity and environmental carrying capacity of the province and ecoregions across
districts/cities; or c.
regent/mayor for the carrying capacity and environmental carrying capacity of districts/cities and
ecoregions in district/city areas.
(4) Further provisions regarding the procedures for determining environmental carrying capacity and environmental
holding capacity as referred to in paragraph (3) are regulated in government regulations.

CHAPTER V

CONTROL

Part One
General

Article 13
(1) Control of environmental pollution and/or damage is carried out in the context of
preservation of environmental functions.
(2) Control of environmental pollution and/or damage as referred to in paragraph (1)
includes:
a. prevention;
b. mitigation; and
c. recovery.
(3) Control of environmental pollution and/or damage as referred to in paragraph (1) is carried out by the Government,
regional governments and those responsible for businesses and/or activities in accordance with their respective
authorities, roles and responsibilities.

Part Two
Prevention

Article 14
Instruments for preventing environmental pollution and/or damage consist of:
a. KLHS;
b. spatial planning;
c. environmental quality standards; d.
environmental damage standard criteria;
e. environmental impact analysis;

f. UKL-UPL; g.
licensing;
h. environmental economic instruments;
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i. environmental-based legislation;
j. environmental-based budget;
k. environmental risk analysis; environmental
audit; and
other instruments according to needs and/or scientific developments.

Paragraph 1
Strategic Environmental Assessment

Article 15
(1) The government and regional governments are required to prepare KLHS to ensure that the principles of sustainable
development have become the basis and are integrated into the development of a region and/or policies, plans
and/or programs.
(2) The government and regional governments are obliged to implement the KLHS as referred to in paragraph (1).
into the preparation or evaluation:
a. regional spatial planning (RTRW) and its detailed plans, long-term development plans (RPJP), and medium-
term development plans (RPJM) nationally, provincially, and district/city; and b. policies, plans, and/or
programs that have
the potential to cause impacts and/or risks.
environment.
(3) KLHS is implemented using the following mechanisms:
a. assessment of the impact of policies, plans and/or programs on environmental conditions in
an area;
b. formulation of alternative improvements to policies, plans, and/or programs; and c.
recommendations for improvements to policy, plan, and/or program decision-making.
which integrates the principles of sustainable development.

Article 16
KLHS contains studies including:
a. environmental carrying capacity and capacity for development; b. estimates of environmental
impacts and risks;
c. performance of ecosystem services;
d. efficiency of natural resource utilization;
e. level of vulnerability and capacity for adaptation to climate change; and
f. level of resilience and potential of biodiversity.

Article 17
(1) The results of the KLHS as referred to in Article 15 paragraph (3) form the basis for policies, plans,
and/or development programs in a region.
(2) If the KLHS results as referred to in paragraph (1) state that the carrying capacity and
capacity has been exceeded,
a. the development policies, plans and/or programs must be revised in accordance with
KLHS recommendations; and
b. all efforts and/or activities that have exceeded the environmental carrying capacity and capacity are no longer
permitted.

Article 18
(1) The KLHS as referred to in Article 15 paragraph (1) is implemented by involving the community and
stakeholders.
(2) Further provisions regarding the procedures for implementing KLHS are regulated in Government Regulations.
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Paragraph 2
Spatial

Article 19
(1) To maintain the sustainability of environmental functions and public safety, every planning
Regional spatial planning must be based on KLHS.
(2) Regional spatial planning as referred to in paragraph (1) is determined by taking into account the environmental carrying capacity
and capacity.

Paragraph 3
Environmental Quality Standards

Article 20
(1) Determining the occurrence of environmental pollution is measured using environmental quality standards.
(2) Environmental quality standards include:
a. water quality standards;
b. wastewater quality standards;
c. seawater quality standards;
d. ambient air quality standards;
e. emission quality
standards; f. disturbance quality standards; and
g. other quality standards in accordance with developments in science and technology.
(3) Everyone is permitted to dispose of waste into the environmental media with the following requirements:
a. meet environmental quality standards; and b. obtain
permission from the Minister, governor, or regent/mayor in accordance with their authority.
(4) Further provisions regarding environmental quality standards as referred to in paragraph (2) letters a, c, d and g are regulated in
Government Regulations.
(5) Further provisions regarding environmental quality standards as referred to in paragraph (2) letters b, e and f are regulated in
ministerial regulations.

Paragraph 4
Standard Criteria for Environmental Damage

Article 21

(1) To determine whether environmental damage has occurred, standard damage criteria are established.
environment.
(2) Standard criteria for environmental damage include standard criteria for ecosystem damage and standard criteria for environmental damage.
damage caused by climate change.
(3) Standard criteria for ecosystem damage include:

a. standard criteria for land damage for biomass production; b. standard

criteria for coral reef damage;
c. standard criteria for environmental damage related to forest and/or land fires; d. standard criteria for mangrove damage; e.

standard criteria for seagrass damage;

f. standard criteria for peat damage;

standard criteria for karst damage; and/or
gh other standard criteria for ecosystem damage in accordance with developments in science and
technology.
(4) The standard criteria for damage due to climate change are based on parameters including:
a. temperature increase;
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b. sea level rise; c. storm; and/or

d. drought.

(5) Further provisions regarding the standard criteria for environmental damage as referred to in paragraph (3) and paragraph (4) are
regulated by or based on Government Regulation.

Paragraph 5
Environmental Impact Analysis

Article 22
(1) Every business and/or activity that has a significant impact on the environment must...
have an environmental impact analysis.

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

the number of people who will be affected by the planned business and/or activity; b. the area where the impact will be spread;
c. the intensity and duration of the impact; d. the
number of other environmental components that will be affected; e.
the cumulative nature of the impact; f. the reversibility or irreversibility of the impact; and/or g. other
criteria in accordance with
developments in science and technology.

Article 23
(1) Criteria for businesses and/or activities that have a significant impact which must be accompanied by
Amdal consists of: a.
changes in land form and natural landscape;
b. exploitation of natural resources, both renewable and non-renewable;
c. processes and activities that have the potential to cause pollution and/or
environmental damage and waste and degradation of natural resources in their utilization;

d. processes and activities whose results can affect the natural environment, the artificial environment, and the social and cultural
environment;
e. processes and activities whose results will affect the preservation of natural resource conservation areas and/or the protection
of cultural heritage; f. introduction of plant, animal and microorganism
species; g. manufacture and use of biological and non-biological materials; h. activities
that have high risks and/or affect national defense;

and/or
i. the application of technology which is estimated to have great potential to influence
environment.
(2) Further provisions regarding the types of businesses and/or activities that must be equipped with an environmental impact analysis
as referred to in paragraph (1) are regulated by Ministerial Regulation.

Article 24
The environmental impact analysis document as referred to in Article 22 is the basis for determining environmental feasibility decisions.

Article 25
The environmental impact analysis
document contains: a. assessment of the impact of the business plan and/or activity; b.
evaluation of activities around the location of the business plan and/or activity; c. suggestions, input
and community responses to the business plan and/or activity;
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d. estimates of the magnitude of the impact and the nature of the impact that will occur if the plan is implemented
the business and/or activities are carried out;
e. holistic evaluation of the impacts that occur to determine the feasibility or
environmental unsuitability; and
f. environmental management and monitoring plan.

Article 26
(1) The environmental impact analysis document as referred to in Article 22 is prepared by the initiator with
involving the community.
(2) Community involvement must be carried out based on the principle of providing information that is
transparent and complete and notified before the activity is carried out.
(3) The community as referred to in paragraph (1) includes: a. those affected;

b. environmental observers; and/or c. those affected

by any form of decision in the environmental impact analysis process.
(4) The community as referred to in paragraph (1) may submit objections to
amdal document.

Article 27
In preparing the environmental impact analysis document, the initiator as referred to in Article 126 paragraph (1) may ask
for assistance from other parties.

Article 28
(1) The AMDAL compiler as referred to in Article 26 paragraph (1) and Article 27 must have an AMDAL compiler competency
certificate.
(2) Criteria for obtaining an environmental impact analysis drafting competency certificate as referred to
in paragraph (1) includes:
a. mastery of environmental impact analysis preparation methodology;
b. the ability to carry out scoping, forecasting, and impact evaluation as well as decision making.
decision; and
c. the ability to prepare environmental management and monitoring plans.
(3) The AMDAL compiler competency certificate as referred to in paragraph (1) is issued by the AMDAL compiler
competency certification body appointed by the Minister in accordance with the provisions of statutory regulations.

(4) Further provisions regarding certification and competency criteria for environmental impact analysis compilers are
regulated by Ministerial Regulation.

Article 29
(1) The environmental impact analysis document is assessed by the Environmental Impact Analysis Assessment Commission formed by the Minister, governor, or

regent/mayor in accordance with their authority.

(2) The Environmental Impact Assessment Commission must have a license from the Minister, governor, or regent/mayor in accordance with
with his authority.
(3) The licensing requirements and procedures as referred to in paragraph (2) are regulated by Regulation
Minister.

Article 30
(1) The membership of the Environmental Impact Assessment Commission as referred to in Article 29 consists of representatives
from the
elements: a. environmental agencies; b.
related technical agencies; c. experts
in the field of knowledge related to the type of business and/or activity that
under review;
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d. experts in the field of knowledge related to the impacts arising from a business and/or activity being studied;

e. representatives of potentially affected communities; and f. environmental

organizations.
(2) In carrying out its duties, the AMDAL Assessment Commission is assisted by a technical team consisting of independent
experts who carry out technical studies and a secretariat formed for this purpose.
(3) Independent experts and the secretariat as referred to in paragraph (3) are appointed by the Minister,
governor, or regent/mayor according to their authority.

Article 31
Based on the results of the assessment by the Environmental Impact Assessment Commission, the Minister, governor, or
regent/mayor will determine the environmental feasibility or unfeasibility decision in accordance with their authority.

Article 32
(1) The government and regional governments assist in the preparation of environmental impact analysis (EIA) for businesses and/or activities.
weak economic groups that have a significant impact on the environment.
(2) Assistance in preparing the environmental impact analysis as referred to in paragraph (1) shall be in the form of facilitation, costs and/or
preparation of environmental impact analysis.

(3) Criteria regarding businesses and/or activities of the economically weak group are regulated by statutory regulations.

Article 33
Further provisions regarding environmental impact analysis as referred to in Articles 22 to 32
regulated in Government Regulation.

Paragraph 6
UKL UPL

Article 34
(1) Every business and/or activity that is not included in the mandatory environmental impact analysis criteria as referred to in
referred to in Article 23 paragraph (1) must have UKL-UPL.
(2) The governor or regent/mayor determines the types of businesses and/or activities that must be equipped with UKL-UPL.

Article 35
(1) Businesses and/or activities that are not required to have UKL-UPL as referred to in Article 34 paragraph (2) are required
to make a statement of commitment to environmental management and monitoring.

(2) Determination of the type of business and/or activity as referred to in paragraph (1) is carried out based on the following criteria:

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

paragraph (1); and
b. micro and small business activities.
(3) Further provisions regarding UKL-UPL and a statement of commitment to management and
Environmental monitoring is regulated by Ministerial regulations.
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Paragraph 7
Licensing

Article 36
(1) Every business and/or activity that is required to have an AMDAL or UKL-UPL is required to have a permit.
environment.
(2) The environmental permit as referred to in paragraph (1) is issued based on the environmental feasibility decision as referred to in Article 31
or the UKL-UPL recommendation.

(3) The environmental permit as referred to in paragraph (1) must include the requirements contained in the environmental
feasibility decision or UKL-UPL recommendation.
(4) Environmental permits are issued by the Minister, governor, or regent/mayor in accordance with
his authority.

Article 37
(1) The Minister, governor or regent/mayor, in accordance with their authority, must reject an application for an environmental
permit if the permit application is not accompanied by an environmental impact analysis (EIA) or UKL-UPL.
(2) The environmental permit as referred to in Article 36 paragraph (4) may be cancelled if:
a. the requirements submitted in the permit application contain legal defects, errors, misuse, as well as incorrectness and/
or falsification of data, documents, and/or information;

b. its publication without fulfilling the requirements as stated in the commission's decision on environmental feasibility or
UKL-UPL recommendations; or
c. the obligations stipulated in the environmental impact analysis or UKL-UPL documents are not carried out by
person in charge of the business and/or activities.

Article 38
In addition to the provisions referred to in Article 37 paragraph (2), environmental permits may be cancelled through a decision of
the state administrative court.

Article 39
(1) The Minister, governor, or regent/mayor, in accordance with their authority, are required to announce
every environmental permit application and decision.
(2) The announcement as referred to in paragraph (1) shall be made in a manner that is easily known to the public.

Article 40
(1) An environmental permit is a requirement for obtaining a business and/or activity permit.
(2) If the environmental permit is revoked, the business and/or activity permit will be cancelled.
(3) If a business and/or activity experiences changes, the person responsible for the business and/or activity is obliged to renew
the environmental permit.

Article 41
Further provisions regarding permits as referred to in Articles 36 to 40 are regulated in Government Regulations.

Paragraph 8
Environmental Economic Instruments

Article 42
(1) In order to preserve environmental functions, the Government and regional governments are obliged to
develop and implement environmental economic instruments.
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(2) Environmental economic instruments as referred to in paragraph (1) include:

a. development planning and economic activities;
b. environmental funding; and
c. incentives and/or disincentives.

Article 43
(1) Development planning instruments and economic activities as referred to in Article 42
Article (2) letter a includes:
a. balance of natural resources and the environment; b.
compilation of gross domestic product and gross regional domestic product which includes:
depletion of natural resources and environmental damage; c.
environmental compensation/reward mechanisms between regions; and
d. internalization of environmental costs.
(2) Environmental funding instruments as referred to in Article 42 paragraph (2) letter b
includes:
a. environmental restoration guarantee funds;
b. funds for mitigating pollution and/or damage and restoring the environment; and c. trust funds/assistance for
conservation.
(3) Incentives and/or disincentives as referred to in Article 42 paragraph (2) letter c include:
applied in the form of:
a. procurement of environmentally friendly goods and services;
b. implementation of environmental taxes, levies, and subsidies; c.
development of an environmentally friendly financial institution and capital market system;
d. development of a trading system for waste and/or emission disposal permits; e. development
of an environmental services payment system;
f. development of environmental insurance;
g. development of an environmentally friendly label system; and
h. performance reward system in the field of environmental protection and management.
(4) Further provisions regarding environmental economic instruments as referred to in Article 42 and Article 43 paragraphs
(1) to (3) are regulated in Government Regulation.

Paragraph 9
Environmental Based Legislation

Article 44
Every drafting of legislation at the national and regional levels must take into account the protection of environmental
functions and the principles of environmental protection and management in accordance with the provisions stipulated in
this Law.

Paragraph 10
Environmentally Based Budget

Article 45
(1) The Government and the People's Representative Council of the Republic of Indonesia as well as regional governments
and Regional People's Representative Councils are required to allocate adequate budget to finance:
a. environmental protection and management activities; and
b. environmentally conscious development programs.
(2) The government is obliged to allocate an adequate special environmental allocation budget to be given to regions that
have good environmental protection and management performance.
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Article 46
In addition to the provisions referred to in Article 45, in order to restore environmental conditions whose quality has been
polluted and/or damaged at the time this law is enacted, the Government and regional governments are required to
allocate a budget for environmental restoration.

Paragraph 11
Environmental Risk Analysis

Article 47
(1) Every business and/or activity that has the potential to cause a significant impact on the environment, a threat to the
ecosystem and life, and/or human health and safety must carry out an environmental risk analysis.

(2) The environmental risk analysis as referred to in paragraph (1) includes:

a. risk assessment;
b. risk management; and/or c. risk
communication.
(3) Further provisions regarding environmental risk analysis are regulated in Government Regulations.

Paragraph 12
Environmental Audit

Article 48
The government encourages those responsible for businesses and/or activities to conduct environmental audits in order
to improve environmental performance.

Article 49
(1) The Minister requires environmental audits of:
a. certain businesses and/or activities that pose a high risk to the environment; and/or
b. the person responsible for the business and/or activities who demonstrates non-compliance with
legislation.
(2) The person responsible for the business and/or activity is obliged to carry out an environmental audit.
(3) Implementation of environmental audits on certain high-risk activities is carried out in a
periodically.

Article 50
(1) If the person responsible for the business and/or activity does not carry out the obligations as referred to in Article
49 paragraph (1), the Minister may carry out or assign an independent third party to carry out an environmental
audit at the expense of the person responsible for the business and/or activity concerned.

(2) The Minister announces the results of the environmental audit.

Article 51
(1) Environmental audits as referred to in Article 48 and Article 49 are carried out by auditors.
environment.
(2) Environmental auditors as referred to in paragraph (1) are required to have a certificate.
environmental auditor competency.
(3) The criteria for obtaining an environmental auditor competency certificate as referred to in paragraph (2) include the
following abilities:
a. understand the principles, methodology and procedures for environmental audits;
b. conducting environmental audits which include the planning, implementation,
drawing conclusions, and reporting; and
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c. formulate recommendations for improvement steps as a follow-up to the environmental audit.

life.
(4) The environmental auditor competency certificate as referred to in paragraph (2) is issued by an
environmental auditor competency certification body in accordance with the provisions of statutory
regulations.

Article 52
Further provisions regarding environmental audits as referred to in Articles 48 to 51 are regulated by Ministerial
Regulation.

Part Three
Countermeasures

Article 53
(1) Any person who pollutes and/or damages the environment is obliged to
prevention of environmental pollution and/or damage.
(2) Prevention of environmental pollution and/or damage as referred to in paragraph (1) is carried out by:

a. providing information on environmental pollution and/or damage warnings to

public;
b. isolation of environmental pollution and/or damage;
c. stopping sources of pollution and/or environmental damage; and/or
d. other ways that are in line with developments in science and technology.
(3) Further provisions regarding procedures for dealing with environmental pollution and/or damage as
referred to in paragraph (1) are regulated in Government Regulations.

Part Four
Recovery

Article 54
(1) Any person who pollutes and/or damages the environment is obliged to
carry out environmental function restoration.
(2) Restoration of environmental functions as referred to in paragraph (1) is carried out by
stages:
a. stopping sources of pollution and cleaning up polluting elements;
b. remediation;
c. rehabilitation;
d. restoration; and/or
e. other ways that are in line with developments in science and technology.
(3) Further provisions regarding the procedures for restoring environmental functions as referred to in
paragraph (2) are regulated in Government Regulation.

Article 55
(1) The holder of an environmental permit as referred to in Article 36 paragraph (1) is obliged to provide funds
guarantee for the restoration of environmental functions.
(2) Guarantee funds are deposited in a government bank appointed by the Minister, governor, or regent/
mayor in accordance with their authority.
(3) The Minister, governor or regent/mayor, in accordance with their authority, may appoint a third party to
carry out environmental function restoration using guarantee funds.
(4) Further provisions regarding the guarantee funds as referred to in paragraph (1) to
with paragraph (3) regulated in Government Regulation.
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Article 56
Further provisions regarding the control of environmental pollution and/or damage as referred to in Articles 13 to 55 are
regulated in Government Regulations.

CHAPTER VI

MAINTENANCE

Article 57
(1) Environmental maintenance is carried out through efforts: a.
conservation of natural resources; b.
natural resource reserves; and/or c. preservation of
atmospheric functions.
(2) Conservation of natural resources as referred to in paragraph (1) letter a includes the following activities:
a. protection of natural resources;
b. preservation of natural resources; and
c. sustainable use of natural resources.
(3) The natural resource reserves as referred to in paragraph (1) letter b are natural resources that cannot be managed
within a certain period of time.
(4) Preservation of atmospheric functions as referred to in paragraph (1) letter c includes: a. efforts
to mitigate and adapt to climate change; b. efforts to
protect the ozone layer; and
c. protection efforts against acid rain.
(5) Further provisions regarding the conservation and reservation of natural resources and the preservation of atmospheric
functions as referred to in paragraph (1) are regulated by Government Regulation.

CHAPTER VII

MANAGEMENT OF HAZARDOUS AND TOXIC MATERIALS

AND HAZARDOUS AND TOXIC WASTE

Part One
Management of Hazardous and Toxic Materials

Article 58
(1) Every person who imports, produces, transports, distributes, stores, utilizes, disposes of, processes and/or stores B3
into the territory of the Republic of Indonesia is obliged to manage B3.

(2) Further provisions regarding the management of B3 as referred to in paragraph (1) are regulated in Government Regulation.

Part Two
Management of Hazardous and Toxic Waste

Article 59
(1) Every person who produces B3 waste is obliged to manage the B3 waste.
produced.
(2) In the event that the B3 as referred to in Article 58 paragraph (1) has expired, its management shall follow the provisions
for B3 waste management.
(3) If an individual is unable to manage B3 waste themselves, the management will be handed over to another party.

(4) Management of B3 waste must obtain permission from the Minister, governor or regent/mayor in accordance with
with his authority.
(5) The Minister, governor or regent/mayor is obliged to include environmental requirements.
must be fulfilled and the obligations that must be complied with by B3 waste managers in the permit.
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(6) The decision to grant a permit must be announced.

(7) Further provisions regarding the management of B3 waste are regulated in Government Regulations.

Part Three
Dumping

Article 60
Every person is prohibited from dumping waste and/or materials into environmental media without permission.

Article 61
(1) Dumping as referred to in Article 60 may only be carried out with permission from
Ministers, governors, or regents/mayors according to their authority.
(2) Dumping as referred to in paragraph (1) may only be carried out at locations that have been
determined.
(3) Further provisions regarding the procedures and requirements for dumping waste or materials are regulated.
in Government Regulation.

CHAPTER VIII

INFORMATION SYSTEMS

Article 62
(1) The government and regional governments develop environmental information systems to support the implementation
and development of environmental protection and management policies.

(2) The environmental information system is carried out in an integrated and coordinated manner and is mandatory.
published to the public.
(3) The environmental information system must at least contain information regarding environmental status, environmental
hazard maps and other environmental information.
(4) Further provisions regarding environmental information systems are regulated by Ministerial Regulation.

CHAPTER IX

DUTIES AND AUTHORITIES OF THE GOVERNMENT AND REGIONAL GOVERNMENT

Article 63
(1) In environmental protection and management, the Government has the following duties and authorities:
a. determine national policies;
b. establish norms, standards, procedures and criteria;
c. determine and implement policies regarding national RPPLH;
d. determine and implement policies regarding KLHS; e. determine and
implement policies regarding amdal and UKL-UPL; f. conduct an inventory of national
natural resources and greenhouse gas emissions;
g. develop cooperation standards;
h. coordinate and implement pollution and/or damage control
environment;
i. determine and implement policies regarding biological and non-biological natural resources, biodiversity, genetic
resources, and the biosafety of genetically engineered products;
j. determine and implement policies regarding controlling the impacts of climate change and protecting the ozone layer;

k. determine and implement policies regarding B3, waste, and B3 waste;

l. establish and implement policies regarding marine environmental protection;
m. determine and implement policies regarding environmental pollution and/or damage
living across borders;
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n. carry out coaching and supervision of the implementation of national policies,

regional regulations, and regional head regulations;
o. carry out coaching and supervision of compliance of those responsible for businesses and/or activities
with environmental licensing provisions and laws and regulations;
p. develop and implement environmental instruments; q. coordinate and
facilitate cooperation and dispute resolution
interregional and dispute resolution;
r. develop and implement public complaint management policies; s. determine minimum service
standards;
t. establish policies regarding procedures for recognizing the existence of customary law communities,
local wisdom, and the rights of customary law communities related to environmental protection and
management; u. manage national
environmental information;
v. coordinate, develop and socialize the use of environmentally friendly technology;

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

environmental laboratory facilities and standards;
y. issuing environmental permits; z.
determining ecoregions; and aa. enforcing
environmental law.
(2) In environmental protection and management, the provincial government has the following duties and authorities:
a. determine provincial level policies;
b. determine and implement provincial-level KLHS; c. determine
and implement policies regarding provincial RPPLH;
d. determine and implement policies regarding environmental impact analysis and
UKL-UPL; e. conduct an inventory of natural resources and greenhouse gas emissions at the national level.
province;
f. develop and implement cooperation and partnerships;
g. coordinate and implement pollution and/or damage control
cross-district/city environment; h. provide
guidance and supervision on the implementation of policies, regulations
regions, and regulations of district/city heads;
i. conducting coaching and supervision of compliance of business and/or activity managers with
environmental licensing provisions and laws and regulations in the field of environmental protection
and management; j. developing and implementing
environmental instruments; k. coordinating and facilitating cooperation and
dispute resolution between districts/cities as well as dispute resolution;

l. provide coaching, technical assistance and supervision to districts/cities in the field of

programs and activities;
m. implementing minimum service standards;
n. establish policies regarding procedures for recognizing the existence of customary law communities,
local wisdom, and the rights of customary law communities related to environmental protection and
management at the provincial level;
o. managing environmental information at provincial level;
p. develop and socialize the use of environmentally friendly technology
life;
q. provide education, training, coaching, and awards; r. issue
environmental permits at the provincial level; and
s. enforce environmental law at the provincial level.
(3) In environmental protection and management, the district/city government has the duty and
authorized:
a. determine district/city level policies;
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b. determine and implement KLHS at district/city level;

c. determine and implement policies regarding district/city RPPLH;
d. determine and implement policies regarding environmental impact analysis and
UKL-UPL; e. conduct an inventory of natural resources and greenhouse gas emissions at the national level.
district/city; f.
developing and implementing cooperation and partnership; g. developing
and implementing environmental instruments; h. facilitating dispute resolution;
i. conducting coaching and supervision of
compliance of business and/or activity managers with environmental licensing provisions and laws and
regulations;
j. implementing minimum service standards;
k. implementing policies regarding procedures for recognizing the existence of customary law communities,
local wisdom, and the rights of customary law communities related to environmental protection and
management at the district/city level;
l. managing environmental information at district/city level;
m. develop and implement environmental information system policies at the local level
district/city; n.
providing education, training, coaching, and awards; o. issuing environmental
permits at the district/city level; and
p. enforce environmental law at the district/city level.

Article 64
The duties and authorities of the Government as referred to in Article 63 paragraph (1) are implemented and/or coordinated by the
Minister.

CHAPTER X

RIGHTS, OBLIGATIONS AND PROHIBITIONS

Part One
Right

Article 65
(1) Everyone has the right to a good and healthy living environment as part of human rights.
(2) Everyone has the right to environmental education, access to information, access to participation, and
access to justice in fulfilling the right to a good and healthy environment.
(3) Everyone has the right to submit proposals and/or objections to business plans and/or activities.
which is estimated to have an impact on the environment.
(4) Everyone has the right to play a role in protecting and managing the environment in accordance with
with statutory regulations.
(5) Everyone has the right to make a complaint regarding suspected pollution and/or damage.
environment.
(6) Further provisions regarding the complaint procedures as referred to in paragraph (5) are regulated.
with the Ministerial Regulation.

Article 66
Anyone who fights for the right to a good and healthy environment cannot be prosecuted criminally or sued civilly.
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Part Two
Obligation

Article 67
Everyone is obliged to maintain the sustainability of environmental functions and control environmental pollution and/or
damage.

Article 68
Every person who carries out business and/or activities is obliged to:
a. provide information related to environmental protection and management
true, accurate, open and timely; b. maintaining
the sustainability of environmental functions; and
c. comply with provisions regarding environmental quality standards and/or environmental damage standard criteria
life.

Part Three
Prohibition

Article 69
(1) Every person is prohibited from:
a. committing acts that result in environmental pollution and/or destruction;
b. bringing B3 which is prohibited according to statutory regulations into the territory
The Unitary State of the Republic of Indonesia;
c. entering waste originating from outside the territory of the Republic of Indonesia into the media
the environment of the Unitary State of the Republic of Indonesia;
d. importing B3 waste into the territory of the Unitary State of the Republic of Indonesia;
e. disposing of waste into environmental media;
f. disposing of B3 and B3 waste into environmental media;
g. releasing genetically engineered products into the environment in a way that is contrary to environmental conditions
with environmental laws and regulations or permits;
h. clearing land by burning; i. compiling an environmental impact
analysis without having an environmental impact analysis drafting competency certificate; and/or
j. providing false information, misleading information, removing information, damaging information, or providing
incorrect information.

(2) The provisions referred to in paragraph (1) letter h must be taken into serious consideration.
local wisdom in each region.

CHAPTER XI

ROLE OF SOCIETY

Article 70
(1) The community has the same rights and the broadest possible opportunities to play an active role in protecting and
managing the environment.
(2) The role of society can be in the form
of: a. social supervision; b.
providing advice, opinions, suggestions, objections, complaints; and/or
c. delivery of information and/or reports.
(3) The role of society is carried out to:
a. increase awareness in environmental protection and management;
b. increasing independence, community empowerment, and partnership; c. developing
community capabilities and pioneering;
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d. developing community responsiveness to carry out social supervision;

And
e. developing and maintaining local culture and wisdom in order to preserve the function
environment.

CHAPTER XII

SUPERVISION AND ADMINISTRATIVE SANCTIONS

Part One
Supervision

Article 71
(1) The Minister, governor or regent/mayor, in accordance with their authority, are required to supervise the compliance of those
responsible for businesses and/or activities with the provisions stipulated in laws and regulations in the field of environmental
protection and management.
(2) The Minister, governor or regent/mayor may delegate their authority to carry out supervision to technical officials/agencies
responsible for environmental protection and management.

(3) In carrying out supervision, the Minister, governor or regent/mayor shall appoint environmental supervisory officials who are
functional officials.

Article 72
Ministers, governors, or regents/mayors, in accordance with their authority, are required to supervise compliance of those
responsible for businesses and/or activities with environmental permits.

Article 73
The Minister may supervise the compliance of those responsible for businesses and/or activities whose environmental permits
are issued by the regional government if the Government considers that there have been serious violations in the field of
environmental protection and management.

Article 74
(1) The environmental supervisory officer as referred to in Article 71 paragraph (3) has the authority to:
a. carry out monitoring;
b. request information;
c. make copies of documents and/or make necessary notes;
d. entering certain places;
e. taking pictures;
f. making audio-visual recordings;
g. taking samples;
h. checking equipment;
i. checking installations and/or means of transportation; and/or
j. stop certain violations.
(2) In carrying out their duties, environmental supervisory officers can coordinate with civil servant investigative officers.

(3) The person responsible for the business and/or activity is prohibited from obstructing the implementation of the duties of the
environmental supervisory officer.

Article 75
Further provisions regarding the procedures for appointing environmental supervisory officials and the procedures for implementing
supervision as referred to in Article 71 paragraph (3), Article 73, and Article 74 are regulated in Government Regulations.
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Part Two
Administrative Sanctions

Article 76
(1) The Minister, governor or regent/mayor shall apply administrative sanctions to those responsible for businesses and/or
activities if during supervision violations of environmental permits are discovered.
(2) Administrative sanctions consist of: a.
written warning;
b. government coercion;
c. freezing of environmental permits; or
d. revocation of environmental permits.

Article 77
The Minister may apply administrative sanctions to those responsible for businesses and/or activities if the Government
considers that the regional government has intentionally failed to apply administrative sanctions to serious violations in the
field of environmental protection and management.

Article 78
Administrative sanctions as referred to in Article 76 do not exempt the person responsible for the business and/or activity
from responsibility for recovery and criminal penalties.

Article 79
The imposition of administrative sanctions in the form of freezing or revocation of environmental permits as referred to in
Article 76 paragraph (2) letters c and d is carried out if the person responsible for the business and/or activity does not
comply with government coercion.

Article 80
(1) Government coercion as 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. closing of wastewater or emission drainage channels;
d. demolition;
e. confiscation of goods or equipment that have the potential to cause violations; f. temporary suspension
of all activities; or g. other actions aimed at stopping
violations and actions to restore environmental functions.

(2) The imposition of government coercion can be imposed without prior warning if the violation committed results in:

a. a very serious threat to humans and the environment; b. a greater and wider impact
if the pollution and/or destruction is not stopped immediately; and/or

c. greater losses to the environment if pollution is not stopped immediately

and/or its destruction.

Article 81
Any person responsible for a business and/or activity who does not comply with government coercion may be subject to a
fine for any delay in implementing government coercion sanctions.
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Article 82
(1) The Minister, governor or regent/mayor has the authority to force those responsible for businesses and/or
activities to carry out environmental restoration due to environmental pollution and/or damage they have
caused.
(2) The Minister, governor or regent/mayor has the authority or may appoint a third party to carry out environmental
restoration due to environmental pollution and/or damage carried out by them at the expense of the person
responsible for the business and/or activity.

Article 83
Further provisions regarding administrative sanctions are regulated in Government Regulations.

CHAPTER XIII

ENVIRONMENTAL DISPUTE RESOLUTION

Part One
General

Article 84
(1) Settlement of environmental disputes can be done through the courts or outside the courts.
(2) The choice of resolving environmental disputes is made voluntarily by the parties involved.
dispute.
(3) A lawsuit through the courts may only be taken if the efforts to resolve the dispute outside the courts chosen
are declared unsuccessful by one or all of the disputing parties.

Part Two
Settlement of Environmental Disputes Outside the Court

Article 85
(1) Settlement of environmental disputes outside the courts is carried out to reach an agreement.
about:
a. form and amount of compensation;
b. recovery measures due to pollution and/or damage; c. certain
actions to ensure that pollution and/or damage will not recur;
and/or
d. actions to prevent negative impacts on the environment.
(2) Settlement of disputes outside the courts does not apply to environmental crimes as regulated in this Law.

(3) In resolving environmental disputes outside the courts, mediator services may be used.
and/or arbitrators to help resolve environmental disputes.

Article 86
(1) The community can form an institution that provides environmental dispute resolution services.
is free and impartial.
(2) The government and regional governments can facilitate the establishment of service provider institutions.
environmental dispute resolution that is free and impartial.

(3) Further provisions regarding institutions providing environmental dispute resolution services
regulated by Government Regulation.
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Part Three
Settlement of Environmental Disputes Through the Courts

Paragraph 1
Environmental Compensation and Restoration

Article 87
(1) Every person responsible for a business and/or activity who carries out an unlawful act in the form of environmental pollution and/or
destruction which causes loss to other people or the environment is obliged to pay compensation and/or carry out certain actions.

(2) Any person who transfers, changes the nature and form of a business,
and/or activities of a business entity that violate the law do not release the legal responsibility and/or
obligations of the business entity.
(3) The court may order payment of a penalty for each day of delay.
on the implementation of court decisions.
(4) The amount of the fine is decided based on statutory regulations.

Paragraph 2
Absolute Responsibility

Article 88
Any person whose actions, business and/or activities use B3, produces and/or
managing B3 waste, and/or which poses a serious threat to the environment, is absolutely responsible for any
losses that occur without the need to prove the element of fault.

Paragraph 3
Deadline for Filing Lawsuits

Article 89
(1) The expiration date for filing a lawsuit in court follows the time limit as stipulated in the provisions of the Civil
Code and is calculated from the time it is discovered that environmental pollution and/or damage has occurred.

(2) Provisions regarding expiration deadlines do not apply to environmental pollution and/or damage caused by
businesses and/or activities that use and/or
manage B3 and produce and/or manage B3 waste.

Paragraph 4
Government and Regional Government's Right to Sue

Article 90
(1) Government agencies and regional governments responsible for environmental matters have the authority to
file lawsuits for compensation and take certain actions against businesses and/or activities that cause
environmental pollution and/or damage resulting in environmental losses.

(2) Further provisions regarding environmental losses as referred to in paragraph (1)

regulated by Ministerial Regulation.
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Paragraph 5
Community Right to Sue

Article 91
(1) The public has the right to file a class action lawsuit for its own interests and/or for the interests of the public if it experiences
losses due to environmental pollution and/or damage.

(2) A lawsuit can be filed if there are similarities in facts or events, legal basis, and type
demands between group representatives and group members.
(3) Provisions regarding the community's right to sue are implemented in accordance with statutory regulations.
invitation.

Paragraph 6
Environmental Organizations' Right to Sue

Article 92
(1) In the context of implementing the responsibility for environmental protection and management, environmental organizations
have the right to file lawsuits in the interests of preserving environmental functions.
(2) The right to file a lawsuit is limited to demands to carry out certain actions without any
claim for damages, except for real costs or expenses.
(3) Environmental organizations may file a lawsuit if they meet the following requirements:
a. in the form of a legal entity;
b. confirms in its articles of association that the organization was founded for the purpose of preserving environmental
functions; and
c. has carried out real activities in accordance with its articles of association for at least 2 (two) years
year.

Paragraph 7
Administrative Lawsuit

Article 93
(1) Any person may file a lawsuit against a state administrative decision if:
a. state administrative bodies or officials issue environmental permits to businesses and/or
activities that require an AMDAL but are not equipped with an AMDAL document;
b. state administrative bodies or officials issue environmental permits for mandatory activities.
UKL-UPL, but not equipped with UKL-UPL documents; and/or
c. state administrative bodies or officials who issue business and/or activity permits that are not equipped with environmental
permits.
(2) The procedure for filing a lawsuit against a state administrative decision refers to the Law.
State Administrative Court Procedure.

CHAPTER XIV

INVESTIGATION AND EVIDENCE

Part One
Investigation

Article 94
(1) In addition to investigators who are officers of the Republic of Indonesia National Police, certain civil servants within
government agencies whose scope of duties and responsibilities are in the field of environmental protection and
management are given authority as investigators as referred to in the Criminal Procedure Law to conduct investigations
into environmental crimes.
(2) Civil servant investigators have the authority to:
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a. carry out checks on the veracity of reports or information regarding the action
criminal law in the field of environmental protection and management;
b. carry out investigations into any person suspected of committing a crime in the field of
environmental protection and management;
c. request information and evidence from everyone regarding the incident
criminal law in the field of environmental protection and management;
d. carry out examination of books, records and other documents relating to the action
criminal law in the field of environmental protection and management;
e. conducting inspections at certain places where evidence, bookkeeping, records and other documents are suspected; f.
confiscating materials and goods
resulting from violations that can be used as evidence.
in criminal cases in the field of environmental protection and management;
g. request expert assistance in carrying out criminal investigation duties in the field of
environmental protection and management;
h. stop the investigation;
i. entering certain places, taking pictures, and/or making audio-visual recordings;
j. conducting searches of the body, clothing, rooms and/or other places suspected of being
is a place where a crime was committed; and/or
k. arrest and detain perpetrators of criminal acts.
(3) In carrying out arrests and detentions as referred to in paragraph (2) letter k, civil servant investigators coordinate with investigators
who are officers of the Republic of Indonesia National Police.

(4) In the event that a civil servant investigator conducts an investigation, the civil servant investigator shall notify the investigator of the
Republic of Indonesia National Police and the investigator of the Republic of Indonesia National Police shall provide assistance to
ensure the investigation runs smoothly.
(5) The civil servant investigator shall notify the public prosecutor of the commencement of the investigation with a copy to the investigator
of the Republic of Indonesia National Police.
(6) The results of the investigation carried out by civil servant investigators are submitted to the prosecutor.
general.

Article 95
(1) In the context of enforcing the law against perpetrators of environmental crimes, integrated law enforcement may be carried out
between civil servant investigators, the police and the prosecutor's office under the coordination of the Minister.

(2) Further provisions regarding the implementation of integrated law enforcement are regulated by statutory regulations.

Part Two
Proof

Article 96
Valid evidence in the prosecution of environmental crimes consists of:
a. witness statements;
b. expert testimony;
c. letter;
d. instructions;
e. statement of the accused; and/or
f. other evidence, including evidence regulated in laws and regulations.
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CHAPTER XV

CRIMINAL PROVISIONS

Article 97
Criminal acts in this law are crimes.

Article 98
(1) Any person who intentionally commits an act that results in exceeding ambient air quality standards, water quality
standards, sea water quality standards, or environmental damage criteria, shall be punished with imprisonment for a
minimum of 3 (three) years and a maximum of 10 (ten) years and a fine of at least IDR 3,000,000,000.00 (three billion
rupiah) and a maximum of IDR 10,000,000,000.00 (ten billion rupiah).

(2) If the act as referred to in paragraph (1) results in injury and/or harm to human health, the perpetrator shall be punished
by imprisonment for a minimum of 4 (four) years and a maximum of 12 (twelve) years and a fine of at least IDR
4,000,000,000.00 (four billion rupiah).
rupiah) and a maximum of IDR 12,000,000,000.00 (twelve billion rupiah).
(3) If the act as referred to in paragraph (1) results in serious injury or death, the perpetrator shall be punished by
imprisonment for a minimum of 5 (five) years and a maximum of 15 (fifteen) years and a fine of at least IDR
5,000,000,000.00 (five billion rupiah) and a maximum of IDR 15,000,000,000.00 (fifteen billion rupiah).

Article 99
(1) Any person who, due to negligence, causes ambient air quality standards, water quality standards, sea water quality
standards or environmental damage criteria to be exceeded, shall be punished with imprisonment for a minimum of 1
(one) year and a maximum of 3 (three) years and a fine of at least IDR 1,000,000,000.00 (one billion rupiah) and a
maximum of IDR 3,000,000,000.00 (three billion rupiah).

(2) If the act as referred to in paragraph (1) results in injury and/or harm to human health, the punishment shall be a
minimum of 2 (two) years' imprisonment and
a maximum of 6 (six) years and a fine of at least IDR 2,000,000,000.00 (two billion rupiah) and a maximum of IDR
6,000,000,000.00 (six billion rupiah).
(3) If the act as referred to in paragraph (1) results in serious injury or death, the perpetrator shall be punished by
imprisonment for a minimum of 3 (three) years and a maximum of 9 (nine) years and a fine of at least IDR
3,000,000,000.00 (three billion rupiah) and a maximum of IDR 9,000,000,000.00 (nine billion rupiah).

Article 100
(1) Any person who violates wastewater quality standards, emission quality standards or disturbance quality standards shall
be punished with a maximum prison sentence of 3 (three) years and a maximum fine of IDR 3,000,000,000.00 (three
billion rupiah).
(2) The criminal acts referred to in paragraph (1) may only be imposed if the administrative sanctions that have been imposed are not
complied with or the violation is committed more than once.

Article 101
Any person who releases and/or distributes genetically engineered products into the environmental media in conflict with
environmental laws and regulations or permits as referred to in Article 69 paragraph (1) letter g, shall be punished with
imprisonment for a minimum of 1 (one) year and a maximum of 3 (three) years and a fine of at least IDR 1,000,000,000.00
(one billion rupiah) and a maximum of IDR 3,000,000,000.00 (three billion rupiah).
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Article 102
Any person who manages B3 waste without a permit as referred to in Article 59
Article (4), shall be punished with imprisonment of at least 1 (one) year and a maximum of 3 (three) years and a fine of at least
IDR 1,000,000,000.00 (one billion rupiah) and a maximum of IDR 3,000,000,000.00 (three billion rupiah).

Article 103
Any person who produces B3 waste and does not manage it as referred to in Article 59 shall be punished with imprisonment
for a minimum of 1 (one) year and a maximum of 3 (three) years and a fine of at least IDR 1,000,000,000.00 (one billion
rupiah) and a maximum of IDR 3,000,000,000.00 (three billion rupiah).

Article 104
Any person who dumps waste and/or materials into the environmental media without a permit as referred to in Article 60, shall
be punished with a maximum imprisonment of 3 (three) years.
years and a maximum fine of IDR 3,000,000,000.00 (three billion rupiah).

Article 105
Any person who brings waste into the territory of the Republic of Indonesia as referred to in Article 69 paragraph (1) letter c
shall be punished with a minimum prison sentence of 4 (four) years.
years and a maximum of 12 (twelve) years and a fine of at least IDR 4,000,000,000.00 (four hundred million rupiah).
billion rupiah) and a maximum of IDR 12,000,000,000.00 (twelve billion rupiah).

Article 106
Any person who brings B3 waste into the territory of the Republic of Indonesia as referred to in Article 69 paragraph (1) letter
d, shall be punished with a minimum prison sentence of 5 years.
(five) years and a maximum of 15 (fifteen) years and a fine of at least IDR 5,000,000,000.00 (five billion rupiah) and a
maximum of IDR 15,000,000,000.00 (fifteen billion rupiah).

Article 107
Any person who imports B3 which is prohibited according to statutory regulations into the territory of the Unitary State of the
Republic of Indonesia as referred to in Article 69 paragraph (1) letter b,
shall be punished with a minimum prison sentence of 5 (five) years and a maximum of 15 (fifteen) years
and a fine of at least IDR 5,000,000,000.00 (five billion rupiah) and a maximum of IDR 15,000,000,000.00 (fifteen billion
rupiah).

Article 108
Any person who carries out land burning as referred to in Article 69 paragraph (1) letter h, shall be punished with a minimum
prison sentence of 3 (three) years and a maximum of 10 (ten) years.
years and a fine of at least IDR 3,000,000,000.00 (three billion rupiah) and at most IDR 10,000,000,000.00 (ten billion rupiah).

Article 109
Any person who carries out business and/or activities without having an environmental permit as referred to in Article 36
paragraph (1) shall be punished with imprisonment for a minimum of 1 (one) year and a maximum of 3 (three) years and a
fine of at least IDR 1,000,000,000.00 (one billion rupiah) and a maximum of IDR 3,000,000,000.00 (three billion rupiah).

Article 110
Any person who prepares an environmental impact analysis without having an environmental impact analysis drafting
competency certificate as referred to in Article 69 paragraph (1) letter i, shall be punished with imprisonment for a maximum
of 3 (three) years and a maximum fine of IDR 3,000,000,000.00 (three billion rupiah).
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Article 111
(1) An environmental permit issuing official who issues an environmental permit without being accompanied by an
environmental impact analysis or UKL-UPL as referred to in Article 37 paragraph (1) shall be punished with
imprisonment for a maximum of 3 (three) years and a maximum fine of IDR 3,000,000,000.00 (three billion rupiah).
(2) The official who issues the business and/or activity permit issues the business and/or activity permit.
without being equipped with an environmental permit as referred to in Article 40 paragraph (1)
shall be punished with a maximum imprisonment of 3 (three) years and a maximum fine of IDR 3,000,000,000.00
(three billion rupiah).

Article 112
Any authorized official who intentionally fails to supervise the compliance of business and/or activity managers with
environmental laws and permits as referred to in Article 71 and Article 72, resulting in environmental pollution and/or
damage resulting in loss of human life, shall be punished with imprisonment for a maximum of 1 (one) year or a maximum
fine of Rp. 500,000,000.00 (five hundred million rupiah).

Article 113
Any person who provides false or misleading information, removes information, damages information or provides incorrect
information required in connection with supervision and law enforcement relating to environmental protection and
management as referred to in Article 69 paragraph (1) letter j shall be punished with imprisonment for a maximum of 1
(one) year and a maximum fine of IDR 1,000,000,000.00 (one billion rupiah).

rupiah).

Article 114
Every person responsible for a business and/or activity who does not comply with government coercion shall be subject to criminal penalties.
with a maximum prison sentence of 1 (one) year and a maximum fine of IDR 1,000,000,000.00 (one billion rupiah).

Article 115
Any person who intentionally prevents, obstructs or thwarts the implementation of the duties of environmental supervisory
officials and/or civil servant investigators shall be punished with imprisonment for a maximum of 1 (one) year and a
maximum fine of IDR 500,000,000.00 (five hundred million rupiah).

Article 116
(1) If an environmental crime is committed by, for, or on behalf of a business entity, criminal charges and criminal
sanctions will be imposed on:
a. business entity; and/or b.
person who gives the order to commit the crime or person who acts
as the leader of the activities in the crime.
(2) If the environmental crime as referred to in paragraph (1) is committed by a person,
based on employment relationships or other relationships that act within the scope of the business entity's work,
criminal sanctions are imposed on the person giving the order or the leader in the crime without considering whether
the crime was committed alone or together.
The same.

Article 117
If criminal charges are brought against the person who gave the order or the leader of the crime as referred to in Article
116 paragraph (1) letter b, the criminal threat imposed in the form of imprisonment and a fine is increased by one third.

Article 118
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For criminal acts as referred to in Article 116 paragraph (1) letter a, criminal sanctions are imposed on the business entity
represented by the management who has the authority to represent it in and outside the court in accordance with statutory
regulations as the functional actor.

Article 119
In addition to the criminal penalties referred to in this Law, business entities may be subject to
additional criminal or disciplinary measures in the form of:
a. confiscation of profits obtained from criminal acts; b. closure of all or part
of the business premises and/or activities; c. reparation for the consequences of
criminal acts; d. obligation to carry out
what was neglected without right; and/or
e. placement of the company under guardianship for a maximum of 3 (three) years.

Article 120
(1) In implementing the provisions as referred to in Article 119 letters a, b, c and d, the prosecutor coordinates with the
agency responsible for environmental protection and management to carry out the execution.

(2) In implementing the provisions as referred to in Article 119 letter e, the Government has the authority to manage business
entities that have been sanctioned by being placed under guardianship to implement court decisions that have
permanent legal force.

CHAPTER XVI

TRANSITIONAL PROVISIONS

Article 121
(1) When this Law comes into effect, within a maximum period of 2 (two) years, every business and/or activity that has a
business and/or activity permit but does not yet have an environmental impact analysis document is required to
complete an environmental audit.
(2) When this Law comes into effect, within a maximum period of 2 (two) years, every business and/or activity that has a
business and/or activity permit but does not yet have an UKL-UPL is required to create an environmental management
document.

Article 122
(1) At the time this Law comes into effect, within a maximum period of 1 (one) year, each drafter
Amdal must have an Amdal compiler competency certificate.
(2) At the time this Law comes into force, within a maximum period of 1 (one) year, each auditor
environmental auditors are required to have an environmental auditor competency certificate.

Article 123
All permits 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 no later than 1 (one) year from the date this
Law is enacted.

CHAPTER XVII

CLOSING

Article 124
When this Law comes into force, all laws and regulations which are implementing regulations of Law Number 23 of 1997
concerning Environmental Management
(State Gazette of the Republic of Indonesia 1997 Number 68, Supplement to the State Gazette of the Republic of Indonesia
Number 3699) is declared to remain in effect as long as it does not conflict with or has not been replaced by new regulations
based on this Law.
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Article 125
At the time this Law comes into force, Law Number 23 of 1997 concerning Environmental Management (State Gazette of the Republic of
Indonesia 1997 Number 68, Supplement to the State Gazette of the Republic of Indonesia Number 3699) is revoked and declared null
and void.

Article 126
The implementing regulations mandated in this Law shall be stipulated no later than 1 (one) year from the date this Law comes into force.

Article 127
This law shall come into force on the date of its promulgation.

In order for everyone to know, it is ordered that this Law be promulgated by placing it in the State Gazette of the Republic of Indonesia.

Approved in Jakarta
on October 3, 2009
PRESIDENT OF THE REPUBLIC OF INDONESIA,

Signed

DR. H. SUSILO BAMBANG YUDHOYONO

Enacted in Jakarta
on October 3, 2009
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ttd
ANDI MATTALATTA

STATE GAZETTE OF THE REPUBLIC OF INDONESIA 2009 NUMBER 140

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EXPLANATION
ON
LAW OF THE REPUBLIC OF INDONESIA
NUMBER 32 OF 2009
ABOUT
ENVIRONMENTAL PROTECTION AND MANAGEMENT

I. GENERAL

1. The 1945 Constitution of the Republic of Indonesia states that a good and healthy environment is a basic
right and constitutional right for every Indonesian citizen. Therefore, the state, government, and all
stakeholders are obliged to protect and manage the environment in the implementation of sustainable
development so that the Indonesian environment can remain a source and support for life for the
Indonesian people and other living things.

2. The Unitary State of the Republic of Indonesia is located at a crossroads between two continents and two
oceans with a tropical climate and weather and seasons that produce natural conditions of high value.
In addition, Indonesia has the second longest coastline in the world with a large population. Indonesia
has abundant biodiversity and natural resources. This wealth needs to be protected and managed in an
integrated environmental protection and management system between the marine, land, and air
environments based on the Nusantara insight.

Indonesia is also in a very vulnerable position to the impacts of climate change.

These impacts include decreased food production, disruption of water availability, the spread of pests
and plant and human diseases, rising sea levels, the sinking of small islands, and the extinction of
biodiversity.

The availability of natural resources in terms of quantity or quality is uneven, while development activities
require increasing natural resources. Development activities also contain the risk of pollution and
environmental damage.
This condition can result in a decrease in the carrying capacity, capacity and productivity of the
environment which ultimately becomes a social burden.

Therefore, the Indonesian environment must be protected and managed properly based on the principles
of state responsibility, sustainability, and justice. In addition, environmental management must be able
to provide economic, social, and cultural benefits based on the principles of caution, environmental
democracy, decentralization, and recognition and appreciation of local wisdom and environmental
wisdom.

Environmental protection and management requires the development of an integrated system in the
form of a national policy for environmental protection and management which must be implemented in a
principled and consistent manner from the center to the regions.

3. The use of natural resources must be in harmony, in harmony, and in balance with the function of the
environment. As a consequence, development policies, plans, and/or programs must be inspired by the
obligation to preserve the environment and realize sustainable development goals.

This law requires the Government and regional governments to conduct strategic environmental studies
(KLHS) to ensure that the principles of sustainable development are adhered to.
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has become the basis and integrated in the development of a region and/or policies, plans, and/or
programs. In other words, the results of the KLHS must be used as the basis for policies, plans and/
or development programs in a region. If the results of the KLHS state that the carrying capacity and
carrying capacity have been exceeded, the policies, plans, and/or development programs must be
revised in accordance with the recommendations of the KLHS and all efforts and/or activities that
have exceeded the carrying capacity and carrying capacity of the environment are no longer
permitted.

4. Science and technology have improved the quality of life and changed human lifestyles. The use of
chemical-based products has increased the production of hazardous and toxic waste. This requires
the development of a safe disposal system with minimal risk to the environment, health, and
survival of humans and other living things.

In addition to producing products that are beneficial to society, industrialization also has impacts,
including the production of hazardous and toxic waste, which if disposed of into the environment
can threaten the environment, health and survival of humans and other living creatures.

By realizing this, hazardous and toxic materials and their waste need to be protected and managed
properly. The territory of the Unitary State of the Republic of Indonesia must be free from hazardous
and toxic waste from outside the territory of Indonesia.

Realizing the potential negative impacts caused as a consequence of development, early impact
control efforts continue to be developed. Environmental impact analysis (amdal) is one of the
preemptive tools for environmental management that continues to be strengthened through
increased accountability in the implementation of amdal preparation by requiring a license for amdal
assessors and implementing certification for amdal document compilers, as well as by clarifying
legal sanctions for violators in the amdal field.

Amdal is also one of the main requirements in obtaining an environmental permit which must be
obtained before obtaining a business permit.

5. Preventive efforts in the context of controlling environmental impacts need to be implemented by

maximally utilizing monitoring and licensing instruments. In the case of environmental pollution and
damage that has occurred, repressive efforts need to be made in the form of effective, consequential,
and consistent law enforcement against environmental pollution and damage that has occurred.

In this regard, it is necessary to develop a clear, firm and comprehensive legal system for
environmental protection and management in order to guarantee legal certainty as a basis for the
protection and management of natural resources and other development activities.

This law also utilizes various legal provisions, both administrative law, civil law, and criminal law.
Civil law provisions include the settlement of environmental disputes outside the court and in the
court. Settlement of environmental disputes in court includes class action lawsuits, environmental
organization lawsuits, or government lawsuits. Through this method, it is hoped that in addition to
creating a deterrent effect, it will also increase the awareness of all stakeholders about the
importance of environmental protection and management for the lives of present and future
generations.
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6. Criminal law enforcement in this Law introduces the threat of minimum penalties in addition to
maximum penalties, expansion of evidence, criminal penalties for violations of quality standards,
integration of criminal law enforcement, and regulation of corporate crimes. Environmental criminal
law enforcement still pays attention to the principle of ultimum remedium which requires the
application of criminal law enforcement as a last resort after the application of administrative law
enforcement is deemed unsuccessful. The application of the principle of ultimum remedium only
applies to certain formal crimes, namely criminal penalties for violations of wastewater quality
standards, emissions, and disturbances.

7. The fundamental difference between Law Number 23 of 1997 concerning Environmental Management
and this Law is the strengthening contained in this Law regarding the principles of environmental
protection and management based on good governance because in every process of formulating
and implementing instruments for preventing environmental pollution and/or damage as well as
mitigation and law enforcement, the integration of aspects of transparency, participation,
accountability, and justice is required.

8. In addition, this Law also regulates:

a. the integrity of environmental management elements;
b. clarity of authority between the center and regions;
c. strengthening environmental control efforts;
d. strengthening of instruments for preventing environmental pollution and/or damage, which
include strategic environmental assessment instruments, spatial planning, environmental
quality standards, environmental damage standard criteria, environmental impact analysis,
environmental management efforts and environmental monitoring efforts, licensing,
environmental economic instruments, environmental-based laws and regulations, environmental-
based budgets, environmental risk analysis, and other instruments in accordance with
developments in science and technology;
e. utilization of permits as a control instrument;
f. utilization of ecosystem approaches;
g. certainty in responding to and anticipating global environmental developments;
h. strengthening environmental democracy through access to information, access to participation,
and access to justice as well as strengthening community rights in environmental protection
and management;
i. clearer enforcement of civil, administrative and criminal law;
j. strengthening of more effective and responsive environmental protection and management
institutions; and
k. strengthening the authority of environmental supervisory officers and civil servant investigators
civil environment.

9. This Law provides broad authority to the Minister to implement all governmental authority in the field
of environmental protection and management and to coordinate with other agencies. Through this
Law, the Government also provides very broad authority to regional governments in carrying out
environmental protection and management in their respective regions that are not regulated in Law
Number 23 of 1997 concerning Environmental Management.

Therefore, an institution that has a workload based on this Law is not enough to be just an
organization that determines and coordinates the implementation of policies, but an organization is
needed with a portfolio of determining, implementing, and supervising environmental protection
and management policies. In addition, the institution
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It is also expected to have the scope of authority to supervise natural resources for conservation purposes.
To ensure the implementation of the main tasks and functions of the institution, adequate funding support is
needed from the state revenue and expenditure budget for the Government and adequate regional revenue
and expenditure budget for local governments.

II. ARTICLE BY ARTICLE

article 1
Quite clear.

Article 2
Letter a
What is meant by "the principle of state responsibility" is:
a. The state guarantees that the use of natural resources will provide the greatest possible benefits for the
welfare and quality of life of the people, both the present and future generations.

b. The state guarantees citizens' rights to a good and healthy living environment.
c. the state prevents the exploitation of natural resources which results in
environmental pollution and/or damage.

Letter b
What is meant by the "principle of sustainability and continuity" is that every person bears obligations and
responsibilities towards future generations and towards fellow human beings within one generation by making
efforts to preserve the carrying capacity of the ecosystem and improve the quality of the environment.

Letter c
What is meant by "the principle of harmony and balance" is that the use of the environment must take into account
various aspects such as economic, social, cultural interests, and the protection and preservation of ecosystems.

Letter d
What is meant by the "principle of integration" is that environmental protection and management is carried out by
combining various elements or synergizing various related components.

Letter e
What is meant by the "principle of benefit" is that all development efforts and/or activities carried out are adjusted
to the potential of natural resources and the environment to improve community welfare and human dignity in
harmony with the environment.

Letter f
What is meant by the "principle of caution" is that uncertainty regarding the impact of a business and/or activity
due to limited mastery of science and technology is not a reason to postpone steps to minimize or avoid threats
to environmental pollution and/or damage.

Letter g
What is meant by the "principle of justice" is that environmental protection and management must reflect
proportional justice for every citizen, both across regions, across generations, and across genders.
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Letter h
What is meant by the “ecoregion principle” is that environmental protection and management must take into account the
characteristics of natural resources, ecosystems, geographical conditions, local community culture, and local wisdom.

Letter i
What is meant by the "principle of biodiversity" is that environmental protection and management must take into account
integrated efforts to maintain the existence, diversity and sustainability of natural biological resources consisting of plant natural
resources and animal natural resources which together with the non-biological elements around them as a whole form an
ecosystem.

Letter j
What is meant by the "polluter pays principle" is that every person responsible whose business and/or activities cause
environmental pollution and/or damage is obliged to bear the costs of environmental restoration.

Letter k
What is meant by the "participatory principle" is that every member of society is encouraged to play an active role in the
decision-making process and implementation of environmental protection and management, both directly and indirectly.

Letter l
What is meant by "the principle of local wisdom" is that in protecting and managing the environment, attention must be paid
to the noble values that apply in the social order of life.

Letter m
What is meant by "principles of good governance" is that environmental protection and management are inspired by the principles
of participation, transparency, accountability, efficiency and justice.

Letter n
What is meant by "the principle of regional autonomy" is that the Government and regional governments regulate and
manage their own government affairs in the field of environmental protection and management by taking into account the
specificities and diversity of regions within the framework of the Unitary State of the Republic of Indonesia.

Article 3
Quite clear.

Article 4
Quite clear.

Article 5
Quite clear.

Article 6
Quite clear.

Article 7
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Quite clear.

Article 8
Quite clear.

Article 9
Quite clear.

Article 10
Verse (1)
Quite clear.

Verse (2)
Letter a
is quite clear.
Letter b
is quite clear.
Letter c
is quite clear.
Letter d
Local wisdom in this verse includes customary rights recognized by the DPRD.
Letter e
Quite clear.
Letter f
Quite clear.

Verse (3)
Quite clear.
Verse (4)
Quite clear.
Verse (5)
Quite clear.

Article 11
Quite clear.

Article 12
is quite clear.

Article 13
Verse (1)
Control of environmental pollution and/or damage referred to in this provision includes control of: a. water, air,
and sea pollution; and b. ecosystem damage
and damage due to climate change.

Verse (2)
Quite clear.

Verse (3)
Quite clear.
Machine Translated by Google

Article 14
Quite clear.

Article 15
Verse (1)
What is meant by "region" is a space which is a geographical unit along with all related elements whose
boundaries and systems are determined based on administrative and/or functional aspects.

Verse (2)
Letter a
Quite clear.

Letter b
The environmental impacts and/or risks referred to include:
a. climate change; b.
damage, degradation, and/or extinction of biodiversity;
c. increasing intensity and scope of disaster areas of floods, landslides, droughts, and/or forest and
land fires;
d. decreasing quality and abundance of natural resources; e.
increasing conversion of forest areas and/or land; f. increasing number
of poor people or threats to sustainability
livelihood of a group of people; and/or
g. increased risks to human health and safety.

Verse (3)
Quite clear.

Article 16
Quite clear.

Article 17
Quite clear.

Article 18
Verse (1)
Community involvement is carried out through dialogue, discussion and public consultation.

Verse (2)
Quite clear.

Article 19
Quite clear.

Article 20
Verse (1)
Quite clear.

Verse (2)
Letter a
What is meant by "water quality standards" is the limit or level of living things.
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life, substances, energy, or components that are or should be present, and/or pollutant elements
whose presence is tolerated in water.
Letter b
What is meant by "wastewater quality standards" is the limit or level of pollutants that are tolerated for
input into water media.
Letter c
What is meant by "sea water quality standards" is the measurement limit or level of living creatures,
substances, energy, or components that are present or must be present and/or pollutant elements
whose presence is tolerated in sea water.
Letter d
What is meant by "ambient air quality standards" is the limit or level of substances, energy and/or
components that should be present, and/or pollutant elements whose presence is tolerated in ambient
air.
Letter e
What is meant by "emission quality standards" is the limit or level of pollutants that are tolerated for
input into the air media.
Letter f
What is meant by "disturbance quality standards" is the limit of the pollutant elements whose presence is
tolerated, which includes vibration, noise and odor.

Letter g
Quite clear.

Verse (3)
Quite clear.

Verse (4)
Quite clear.

Verse (5)
Quite clear.

Article 21
Verse (1)
Quite clear.

Verse (2)
Quite clear.

Verse (3)
Letter a
What is meant by "biomass production" is the form of utilization of land resources to produce biomass.

What is meant by "standard criteria for land damage for biomass production" is the limit of changes in
the basic properties of the land that can be tolerated in relation to biomass production activities.

The standard criteria for land degradation for biomass production include agricultural or cultivated land
and forests.
Letter b
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What is meant by "standard criteria for coral reef damage" is the limit of physical and/or biological changes
to coral reefs that can be tolerated.
Letter c
What is meant by "environmental damage related to forest and/or land fires" is the influence of changes to
the environment in the form of environmental damage and/or pollution related to forest and/or land fires
caused by a business and/or activity.

Letter d
Quite clear.
Letter e
Quite clear.
Letter f
Quite clear.
The letter
g is quite clear.
The letter

h is quite clear.

Verse (4)
Quite clear.
Verse (5)
Quite clear.

Article 22
Quite clear.

Article 23
Verse (1)
Letter a
Quite clear.
Letter b
Quite clear.
Letter c
is quite clear.
Letter d
is quite clear.
The letter
e is quite clear.
Letter f
Microorganisms in this letter include genetically engineered products.
The letter
g is quite clear.
Letter h
Quite clear.
Letter i
Quite clear.

Verse (2)
Quite clear.

Article 24
Machine Translated by Google

Quite clear.

Article 25
Letter a
Quite clear.

Letter b
Quite clear.
Letter c
Quite clear.
Letter d
Quite clear.
Letter e
Quite clear.
Letter f
Environmental management and monitoring plans are intended to avoid, minimize, mitigate, and/or
compensate for the impacts of a business and/or activity.

Article 26
Verse (1)
Community involvement is carried out in the process of public announcements and consultations in order to
gather suggestions and responses.
Verse (2)
Quite clear.
Verse (3)
Quite clear.
Verse (4)
Quite clear.

Article 27
What is meant by "other parties" includes environmental impact analysis preparation institutions or consultants.

Article 28
is quite clear.

Article 29
Quite clear.

Article 30
is quite clear.

Article 31
is quite clear.

Article 32
Quite clear.

Article 33
is quite clear.

Article 34
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Quite clear.

Article 35
Quite clear.

Article 36
Verse (1)
Quite clear.
Verse (2)
UKL-UPL recommendations are assessed by the environmental agency's technical team.
Verse (3)
Quite clear.
Verse (4)
Quite clear.

Article 37
Quite clear.

Article 38
Quite clear.

Article 39
Verse (1)
The announcement in this Article constitutes the implementation of information disclosure.
The announcement allows for public participation, especially those who have not used the opportunity in the
objection procedure, hearings, etc. in the permit decision-making process.

Verse (2)
Quite clear.

Article 40
Verse (1)
What is meant by business and/or activity permits in this paragraph includes permits referred to by other names
such as operating permits and construction permits.
Verse (2)
Quite clear.
Verse (3)
The changes referred to in this paragraph include, among other things, changes in ownership, changes in
technology, additions or reductions in production capacity, and/or changes in business location and/or activities.

Article 41
Quite clear.

Article 42
Verse (1)
Quite clear.
Verse (2)
Letter a
What is meant by "economic instruments in development planning" is an effort to internalize environmental
aspects into the planning and implementation of development and economic activities.
Machine Translated by Google

Letter b
What is meant by "environmental funding" is a system and mechanism for collecting and managing funds
used to finance environmental protection and management efforts. Environmental funding

comes from various sources, for example levies, grants, and others.
Letter c
Incentives are efforts to provide monetary and/or non-monetary encouragement or attraction to every
person or government and regional government to carry out activities that have a positive impact on natural
resource reserves and the quality of environmental functions.

Disincentives are the imposition of monetary and/or non-monetary burdens or threats on individuals or the
government and regional governments to reduce activities that have a negative impact on natural resource
reserves and the quality of environmental functions.

Article 43
Verse (1)
Letter a
What is meant by “natural resource balance” is a description of natural resource reserves and their
changes, both in physical units and in monetary value.

Letter b
What is meant by “gross domestic product” is the value of all goods and services produced by a country in
a certain period.

What is meant by “gross regional domestic product” is the value of all goods and services produced by a
region in a certain period.
Letter c
What is meant by "inter-regional environmental compensation/reward mechanisms" are compensation/
reward methods carried out by people, communities, and/or regional governments as users of environmental
services to environmental service providers.

Letter d
What is meant by "internalization of environmental costs" is including the costs of environmental pollution
and/or damage in the calculation of production costs or the costs of a business and/or activity.

Verse (2)
Letter a
What is meant by "environmental restoration guarantee funds" are funds prepared by a business and/or
activity to restore the quality of the environment that has been damaged due to its activities.

Letter b
What is meant by "response funds" are funds used to respond to environmental pollution and/or damage
arising from a business and/or activity.

Letter c
What is meant by "trust/assistance funds" are funds originating from grants and donations for the benefit
of environmental conservation.
Verse (3)
Letter a
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What is meant by "procurement of environmentally friendly goods and services" is procurement that
prioritizes goods and services that are labeled environmentally friendly.

Letter b
What is meant by "environmental tax" is a levy by the Government and regional governments on anyone
who utilizes natural resources, such as groundwater extraction tax, fuel oil tax, and swallow's nest tax.

What is meant by "environmental retribution" is a levy imposed by the regional government on anyone
who uses facilities provided by the regional government, such as wastewater treatment retribution.

What is meant by "environmental subsidies" is the convenience or reduction of burden given to anyone
whose activities have an impact on improving environmental functions.

Letter c
What is meant by "environmentally friendly financial institution system" is a financial institution system
that implements environmental protection and management requirements in the financing policies and
practices of banking and non-banking financial institution systems.

What is meant by "environmentally friendly capital market" is a capital market that applies environmental
protection and management requirements for companies entering the capital market or public companies,
such as the application of environmental audit requirements for companies that will sell shares on the
capital market.

Letter d
What is meant by "trading of waste and/or emission disposal permits" is the buying and selling of waste
and/or emission quotas that are permitted to be disposed of into the environmental media between
those responsible for businesses and/or activities.
Letter e
What is meant by "payment for environmental services" is the payment/reward given by the user of
environmental services to the provider of environmental services.

Letter f
What is meant by "environmental insurance" is insurance that provides protection in the event of
environmental pollution and/or damage.

Letter g
What is meant by an “environmentally friendly label system” is the provision of marks or labels to
environmentally friendly products.
Letter h
Quite clear.

Verse (4)
Quite clear

Article 44
is quite clear.

Article 45
Machine Translated by Google

Verse (1)
Quite clear.
Verse (2)
The performance criteria for environmental protection and management include, among other things,
performance in maintaining conservation areas and reducing the level of environmental pollution and/or
damage.

Article 46
is clear enough.

Article 47
Verse (1)
What is meant by “environmental risk analysis” is a procedure that is used, among other things, to assess
the release and distribution of genetically engineered products and the cleaning up of B3 waste.

Verse (2)
Letter a
In this provision, “risk assessment” includes the entire process starting from hazard identification,
estimating the magnitude of consequences or effects, and estimating the possibility of undesirable
impacts, both on human safety and health and the environment.

Letter b
In this provision, “risk management” includes risk evaluation or selection of risks that require
management, identification of risk management options, selection of actions for management, and
implementation of the selected actions.
Letter c
What is meant by “risk communication” is the interactive process of exchanging information and
opinions among individuals, groups and institutions regarding risk.

Verse (3)
Quite clear.

Article 48
Quite clear.
Article 49
Verse (1)
Letter a
What is meant by "certain high-risk businesses and/or activities" are businesses and/or activities
which, if an accident and/or emergency occurs, will have a large and widespread impact on human
health and the environment, such as petrochemicals, oil and gas refineries, and nuclear power plants.

Environmental audit documents contain: a.

information covering the purpose and process of the audit; b. audit findings;

c. audit conclusions; and

d. supporting data and information.
Letter b
Quite clear.

Verse (2)
Machine Translated by Google

Quite clear.
Verse (3)
Quite clear.

Article 50
Quite clear.

Article 51
Quite clear.

Article 52
Quite clear.

Article 53
Quite clear.

Article 54
Verse (1)
Quite clear.
Verse (2)
Letter a
Quite clear.
Letter b
What is meant by "remediation" is an effort to restore environmental pollution to improve the quality
of the environment.
Letter c
What is meant by "rehabilitation" is a recovery effort to restore the value, function and benefits of the
environment including efforts to prevent land damage, provide protection and repair the ecosystem.

Letter d
What is meant by "restoration" is an effort to restore the environment or parts of it to function as
before.

Letter e
Quite clear.
Verse (3)
Quite clear.

Article 55
Quite clear.

Article 56
Quite clear.

Article 57
Verse (1)
What is meant by "environmental maintenance" is an effort made to maintain the preservation of
environmental functions and prevent environmental degradation or damage caused by human actions.

Letter a
Machine Translated by Google

Conservation of natural resources includes, among others, conservation of water resources, forest
ecosystems, coastal and marine ecosystems, energy, peatland ecosystems, and karst ecosystems.

Letter b
Natural resource reserves include natural resources that can be managed in the long term and for a
certain period of time according to needs.

To implement natural resource reservations, the Government, provincial government, or district/city

government and individuals can build:
a. biodiversity parks outside forest areas;
green open space (RTH) of at least 30% of the area of the island/archipelago; b. and/or

c. planting and maintaining trees outside forest areas, especially evergreen plants
rare.
Letter c
Quite clear.

Verse (2)
Letter a
Quite clear.
Letter b
What is meant by "natural resource preservation" is an effort to maintain the integrity and authenticity
of natural resources and their ecosystems.
Letter c
Quite clear.
Verse (3)
Quite clear.
Verse (4)
Letter a
What is meant by "climate change mitigation" is a series of activities carried out in an effort to reduce
the level of greenhouse gas emissions as a form of effort to overcome the impacts of climate change.

What is meant by "climate change adaptation" is an effort made to increase the ability to adapt to
climate change, including climate diversity and extreme climate events so that the potential for
damage due to climate change is reduced, opportunities arising from climate change can be utilized,
and the consequences arising from climate change can be overcome.

Letter b
Quite clear.
Letter c
Quite clear.
Verse (5)
Quite clear.

Article 58
Verse (1)
The obligation to manage B3 is an effort to reduce the potential risk to the environment in the form of
pollution and/or environmental damage, considering that B3 has a large potential to cause negative impacts.
Machine Translated by Google

Verse (2)
Quite clear.

Article 59
Verse (1)
B3 waste management is a series of activities that include reduction, storage, collection, transportation,
utilization, and/or processing, including the disposal of B3 waste.

Verse (2)
Quite clear.
Verse (3)
What is meant by other parties are business entities that manage B3 waste and have obtained permits.

Verse (4)
Quite clear.
Verse (5)
Quite clear.
Verse (6)
Quite clear.
Verse (7)
Quite clear.

Article 60
Quite clear.

Article 61
Quite clear.

Article 62
Verse (1)
The environmental information system includes, among other things, ecological character diversity,
population distribution, distribution of natural resource potential, and local wisdom.
Verse (2)
Quite clear.
Verse (3)
Quite clear.
Verse (4)
Quite clear.

Article 63
Quite clear.

Article 64
Quite clear.

Article 65
Verse (1)
Quite clear.

Verse (2)
The right to environmental information is a logical consequence of the right to play a role in environmental
management based on the principle of openness. The right to
Machine Translated by Google

Environmental information will increase the value and effectiveness of participation in environmental
management, in addition to opening up opportunities for the community to actualize their rights to a good
and healthy environment. Environmental information as referred to in this paragraph may be in the form of
data, statements, or other information relating to environmental protection and management which,
according to their nature and purpose, are open to the public, such as environmental impact analysis
documents, reports, and evaluations of environmental monitoring results, both compliance monitoring and
monitoring of changes in environmental quality and spatial planning.

Verse (3)
Quite clear.
Verse (4)
Quite clear.
Verse (5)
Quite clear.
Verse (6)
Quite clear.

Article 66
This provision is intended to protect victims and/or informants who take legal action due to environmental pollution
and/or destruction.

This protection is intended to prevent retaliation from the reported party through criminal sanctions and/or civil
lawsuits while still paying attention to the independence of the judiciary.

Article 67
Quite clear.

Article 68
Quite clear.

Article 69
Verse (1)
Letter a
Quite clear.
Letter b
B3 prohibited in this provision include, among others, DDT, PCBs and dieldrin.
Letter c
The prohibitions in these provisions are exempt from those regulated in statutory regulations.

Letter d
What is prohibited in this letter includes imports.
Letter e
Quite clear.
Letter f
Quite clear.
Letter g
Quite clear.
Letter h
Quite clear.
Letter i
Machine Translated by Google

Quite clear.

Letter j
Quite clear.

Verse (2)
The local wisdom referred to in this provision is to burn land with a maximum land area of 2 hectares per
head of family to plant local varieties of plants and surrounded by fire breaks to prevent the spread of fire to
the surrounding areas.

Article 70
Verse (1)
Quite clear.
Verse (2)
Letter a
Quite clear.
Letter b
The provision of suggestions and opinions in these provisions is included in the preparation of KLHS and
AMDAL.
Letter c
Quite clear.
Verse (3)
Quite clear.

Article 71
Quite clear.

Article 72
Quite clear.

Article 73
What is meant by "serious violation" is an unlawful act that results in relatively large pollution and/or environmental
damage and causes public unrest.

Article 74
Quite clear.

Article 75
Quite clear.

Article 76
Quite clear.

Article 77
Quite clear.

Article 78
Quite clear.

Article 79
Machine Translated by Google

Quite clear.

Article 80
Verse (1)
Quite clear.
Verse (2)
Letter a
What is meant by a “very serious threat” is a situation that has the potential to seriously endanger
the safety and health of many people so that its handling cannot be postponed.

Letter b
Quite clear.
Letter c
Quite clear.

Article 81
Quite clear.

Article 82
Quite clear.

Article 83
Quite clear.

Article 84
Verse (1)
The provisions in this paragraph are intended to protect the civil rights of the disputing parties.

Verse (2)
Quite clear.
Verse (3)
The provisions in this paragraph are intended to prevent different decisions regarding an environmental
dispute in order to ensure legal certainty.

Article 85
Quite clear.

Article 86
Quite clear.

Article 87
Verse (1)
The provisions in this paragraph are the realization of the principle in environmental law called the polluter
pays principle. In addition to being required to pay compensation, polluters and/or environmental destroyers
can also be burdened by the judge to take certain legal actions, for example an order to:

a. installing or repairing waste processing units so that the waste complies with
determined environmental quality standards;
b. restoring environmental functions; and/or
c. eliminate or destroy the causes of pollution and/or
environmental destruction.
Verse (2)
Machine Translated by Google

Quite clear.
Verse (3)
The imposition of a fine for each day of delay in carrying out a court order to carry out certain actions is for
the sake of preserving environmental functions.

Verse (4)
Quite clear.

Article 88
What is meant by "absolutely responsible" or strict liability is that the element of fault does not need to be proven by
the plaintiff as a basis for payment of compensation. The provisions of this paragraph are lex specialis in lawsuits
regarding unlawful acts in general. The amount of compensation that can be charged to environmental polluters or
destroyers according to this Article can be determined up to a certain limit.

What is meant by "until a certain time limit" is if according to the provisions of laws and regulations, insurance is
required for the business and/or activities concerned or environmental funds are available.

Article 89
Quite clear.

Article 90
Verse (1)
What is meant by "environmental loss" is loss arising from environmental pollution and/or damage that is not
private property.

Certain actions are preventive and mitigating actions against pollution and/or damage and the restoration of
environmental functions to ensure that negative impacts on the environment do not occur or recur.

Verse (2)
Quite clear.

Article 91
Quite clear.

Article 92
Quite clear.

Article 93
Quite clear.

Article 94
Verse (1)
Quite clear.
Verse (2)
Quite clear.
Verse (3)
What is meant by coordination is the act of consulting in order to obtain assistance with personnel, facilities
and infrastructure needed in an investigation.
Verse (4)
Machine Translated by Google

The notification in this Article does not constitute a notification of the commencement of an investigation,
but rather to emphasize the form of coordination between civil servant investigators and police investigators
of the Republic of Indonesia.
Verse (5)
Quite clear.
Verse (6)
Quite clear.

Article 95
Quite clear.

Article 96
Letter a
Quite clear.
Letter b
Quite clear.
Letter c
Quite clear.
Letter d
Quite clear.
Letter e
Quite clear.
Letter f
What is meant by other evidence includes, information that is spoken, sent, received, or stored electronically,
magnetically, optically, and/or similarly; and/or evidence of data, recordings, or information that can be read,
seen, and heard that can be issued with and/or without the help of a means, whether written on paper, any
physical object other than paper, or recorded electronically, not limited to writing, sound or images, maps,
designs, photos or the like, letters, signs, numbers, symbols, or perforations that have meaning or that can
be understood or read.

Article 97
Quite clear.

Article 98
Quite clear.

Article 99
Quite clear.

Article 100
Quite clear.

Article 101
What is meant by "releasing genetically engineered products" is a statement that acknowledges the results of
genetically engineered product breeding to become superior varieties and can be distributed after fulfilling the
requirements based on statutory regulations.

What is meant by "distributing genetically engineered products" is any activity or series of activities in the context of
distributing genetically engineered product commodities to the public, whether for trade or not.
Machine Translated by Google

Article 102
Quite clear.

Article 103
is clear enough.

Article 104
is clear enough.

Article 105
Quite clear.

Article 106
Quite clear.

Article 107
is clear enough.
Article 108
is clear enough.

Article 109
is clear enough.

Article 110
Quite clear.

Article 111
is quite clear.

Article 112
is clear enough.

Article 113
False information referred to in this Article may be in the form of documents or oral statements that do not correspond to the
actual facts or information that is incorrect.

Article 114
is clear enough.

Article 115
Quite clear.

Article 116
Quite clear.

Article 117
is clear enough.

Article 118
The term functional actor in this Article refers to business entities and legal entities.
Machine Translated by Google

Criminal charges are imposed on the leaders of business entities and legal entities because criminal acts committed by
business entities and legal entities are functional crimes, so that
criminal acts are imposed and sanctions are imposed on those who have authority over the physical perpetrator and accept
the actions of the physical perpetrator.
What is meant by accepting actions in this Article includes agreeing to, allowing, or not adequately supervising the actions
of the physical perpetrator, and/or having policies that allow the crime to occur.

Article 119
Quite clear.

Article 120
Quite clear.

Article 121
Quite clear.

Article 122
Quite clear.

Article 123
The permits in this provision include, for example, permits for managing B3 waste, permits for discharging wastewater into
the sea, and permits for discharging wastewater into water sources.

Article 124
Quite clear.

Article 125
Quite clear.

Article 126
Quite clear.

Article 127
Quite clear.

SUPPLEMENTARY STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 5059