Control of Pollution and Environmental Damage

Indonesian Positive Law-

Control of pollution and environmental damage is regulated in Article 13 –Article 56 of Law Number 32 of 2009 concerning Environmental Protection and Management.

In this description it is stated regarding:

Definition of Environmental Pollution and Damage

Environmental Pollution

Environmental pollution in Article 1 number 14 of Law Number 32 of 2009 concerning Environmental Protection and Management is the entry or inclusion of living things, substances, energy, and/or other components into the environment by human activities so that it exceeds the established environmental quality standards.

Environmental Damage

Environmental damage is a direct and/or indirect change in the physical, chemical, and/or biological properties of the environment that exceeds the standard criteria for environmental damage. (Article 1 number 17 of Law No. 32 of 2009)

Measures to Control Pollution and Environmental Damage

Control of pollution and environmental damage is carried out in the context of preserving environmental functions carried out by the central and local governments as well as the responsible for businesses or activities in accordance with their respective authorities, roles and responsibilities, including:

1. Prevention.
2. Coping.
3. Recovery.

Prevention

This instrument for preventing pollution and environmental damage consists of:

1. Strategic Environmental Assessment (KLHS).
2. Layout.
3. Environmental quality standards.
4. Standard criteria for environmental damage.
5. Environmental Impact Assessment (AMDAL).
6. Environmental Management Efforts-Environmental Monitoring Efforts (UKL-UPL).
7. Licensing.
8. Environmental economic instruments.
9. Environmental-based budgets.
10. Analysis of environmental risks.
11. Environmental audit.
12. Other instruments according to the needs and / or developments of science.

Strategic Environmental Studies

The Strategic Environmental Assessment (KLHS) is a series of systematic, thorough and participatory analyses to ensure that the principles of sustainable development have become the basis and integrated in the development of an area and/or policies, plans, and/or programs.

To maintain the sustainability of environmental functions and community safety, every regional spatial planning must be based on a Strategic Environmental Assessment (KLHS) by taking into account the carrying capacity and carrying capacity of the environment.

Environmental Quality Standards

Environmental quality standards are a measure of the limit or level of living things, substances, energy, or components that are or must be present and/or polluting elements that are considered to be present in a particular resource as elements of the environment.

Standard Criteria for Environmental Damage

The standard criteria for environmental damage is a measure of the limit of changes in the physical, chemical, and/or biological properties of the environment that can be considered by the environment to be able to preserve its function.

Environmental Impact Analysis

Environmental Impact Assessment (AMDAL) is a study of the important impacts of a planned business and/or activity on the environment that are necessary for the decision-making process regarding the implementation of a business and/or activity.

Environmental Management Efforts and Environmental Monitoring Efforts

Environmental Management and Environmental Monitoring Efforts (UKL-UPL) is the management and monitoring of businesses and/or activities that do not have an important impact on the environment that are necessary for the decision-making process regarding the implementation of a business and/or activity.

Licensing

The permit here is an environmental permit, is a permit granted to everyone who carries out business and/or activities that are required to amdal or UKL-UPL in the context of environmental protection and management as a prerequisite for obtaining a business and/or activity permit.

Environmental Economic Instruments

An environmental economic instrument is a set of economic policies to encourage the central government, local governments, or everyone towards preserving the functioning of the environment.

Environmental-Based Budget

An environmental-based budget means a sufficient budget for the financing of environmental protection and management activities, and environmentally sound development programs.

Environmental Risk Analysis

This environmental risk analysis includes, risk assessment, risk management, risk communication, and is further regulated in government regulations.

Environmental Audit

An environmental audit is an evaluation carried out to assess the compliance of the person in charge of a business and/or activity to the legal and policy requirements set by the government.

Countermeasures

Countermeasures against pollution and/or environmental damage after environmental damage and/or pollution occur are carried out by:

1. Providing information warning of pollution and/or environmental damage to the community.
2. Isolation of pollution and/or environmental damage.
3. Termination of sources of pollution and/or environmental damage.
4. Another way that corresponds to the development of science and technology.

Recovery

Environmental restoration must be carried out by people who pollute and / or damage the environment with the following stages:

1. Termination of sources of pollution and cleaning of polluting elements.
2. Remediation.
3. Rehabilitation.
4. Restoration.
5. Another way that corresponds to the development of science and technology.

Further provisions on remedial procedures and recovery procedures are regulated in government regulations. -RenTo201222-