LAW OF THE REPUBLIC OF INDONESIANUMBER 32 YEAR 2009
CONCERNINGPROTECTION AND MANAGEMENT OF ENVIRONMENTBY THE GRACE OF GOD ALMIGHTYPRESIDENT OF THE REPUBLIC OF INDONESIA,

Consideringa. that a good and healthy environment shall become the fundamental right toevery citizen of Indonesia as cited in Article 28H of the 1945 Constitution of
the Republic of Indonesia;b. that the national economic development as mandated by the 1945 Constitutionof the Republic of Indonesia shall be organized based on the principles ofsustainable and environmentally-friendly development;c. that the spirit of regional autonomy of the governance of the Republic ofIndonesia has brought changes of relationship and authority between thecentral and local governments, including in regard of environmental
protection and management;d. that in considering the environmental quality that is currently declining and has
threatened the survival of life of humans and other living things and there is aneed of protection and environmental management on a serious andconsistent basis by all the stakeholders;e. that the global warming is increasing to result a climate change that isexacerbating the environmental degradation therefore it is necessary to
conduct the protection and management of environment;
f. that in order to ensure the legal certainty and the protection of the right ofevery person to earn a good and healthy living environment as part of theoverall protection of the ecosystem, it shall be necessary to amend Law
Number 23 Year 1997 on Environmental Management;
g. that based on the considerations as cited in paragraphs a, b, c, d, e, and f, it
shall be necessary to enact a Law on Protection and Management ofEnvironment.

Referring to in

Articles 20, 21, 28H paragraph (1) and Article 33 paragraphs (3) and (4) of the1945 Constitution of the Republic of Indonesia and with a joint approval fromIndonesian People's House of Representatives (DPR), President of the Republic of

Indonesia:

DECIDESTo Enact

LAW ON PROTECTION AND MANAGEMENT OF ENVIRONMENT.
CHAPTER I
GENERAL PROVISION
Article 1
In this Law what is meant by:
1. Environment shall be an integral space with all the things, resources, condition,and living creatures including humans and their behaviors that affect thenature and the continuity of livelihood and the welfare of human beings andother living creatures.
2. Protection and Management of Environment shall be a systematic andintegrated effort to preserve the environment and prevent pollution and/ or
damage to environment, of which includes planning, utilization, control,
maintenance, supervision, and enforcement of laws.
3. Sustainable Development shall be a consciously planned effort that combines
the environmental, social, and economic aspects into developmental
strategies in order to ensure the environmental integrity and safety,
capability, welfare, and quality of life of the present generation and future
generations.
4. Plan on Protection and Management of Environment, hereinafter referring to
RPPLH, shall be a written plan that includes potentials, environmental issues,
as well as protection and management of environment in a certain period oftime.
5. Ecosystem shall be the orderliness of the elements of environment in entire
and complete interactions of all units that create the balance, stability, andproductivity of the environment.
6. Preservation of environmental functions shall be a series of efforts to maintainthe carrying and holding capacities of the environment.
7. Carrying Capacity of Environment shall be the ability of the environment tosupport humans, other living beings, and the balance between them.
8. Holding Capacity of Environment shall be the ability of environment to absorb

substances, energy, and/or other components incorporated into it naturally or
intentionally.
9. Natural Resources shall be environmental elements such as biological and nonbiological resources that overall create a unified ecosystem.
10. Strategic Environmental analysis, hereinafter referring to KLHS, shall be aseries of analyses on a systematic, entire and participatory basis to ensurethat the principles of sustainable development have become an integrated
basis of development in region and/or in policy, plan and/or program.
11. An Analysis about Environmental Impact, hereinafter referring to AMDAL,
shall be a study of significant impact of undertakings and/or activities to theenvironment based on a plan that needs a process of decision-making on how
to carry out such undertakings and/or activities.
12. Effort or program of environmental management and environmental
monitoring, hereinafter referring to UKL-UPL shall be the management andmonitoring of the operations and/or the activities that do not have significant
impacts to the environment and it also is necessary for a process of decision
making in regard of such undertakings and/or activities.
13. Standard of Environmental Quality shall be the threshold limit or level of living
creatures, substances, energy, or components that are existing or have to be
existing and/or pollutant elements that are still tolerable in a certain resource
as an element of environment.
14. Environmental Pollution shall be the inclusion of living creatures, substances,energy, and/or other components naturally or intentionally into theenvironment because of human activities, of which has exceeded theenvironmental quality standard as set up.
15. Criteria of Environmental Damage shall be the measurement of the limit ofphysical, chemical and/or biological changes in environment that can be
tolerated by the environment in preserving its function.
16. To Damage Environment shall be an act of people who pose direct or indirectchanges of physical, chemical and/or biological conditions of environmentthat exceed the standardized criteria of environmental damage.
17. Environmental Damage shall be a direct and/or indirect change of physical,
chemical and/or biological condition of environment that goes beyond thestandardized criteria of environmental damage.
18. Conservation of Natural Resources shall be the management of natural

resources to ensure astute utilization and sustained availability while
maintaining and improving the quality and diversity of the environment.
19. Climate Change shall be the change of climate that is attributable directly or
indirectly by human activities that cause changes in the composition of global
atmosphere and in addition there are also changes of the natural climate
variability as observed in a comparable period of time.
20. Waste shall be the residue from undertakings and/or activities.
21. Hazardous and toxic material, hereinafter referring to B3 shall be thesubstance, energy, and/or other component in regard of the nature,
concentration, and/or amount can either directly or indirectly pollute and/or
damage the environment, and/or endanger the environment, health, andsurvival of humans and other living beings.
22. Waste of hazardous and toxic material or substance, hereinafter referring to
B3 Waste shall be the remnant (residue) from undertakings and/or activities
that contain B3 substance.
23. Management of B3 Waste shall be an activity that involves the reduction,collection, storage, transport, use, process, and/or landfill of wastes.
24. Dumping (disposal) shall be the activity of discharging, placing, and/or
entering waste and/or material in certain amount, concentration, time, andarea of site with specific requirements into a media of environment.
25. Environmental Dispute shall be a dispute between two or of more parties
arising from the activities that have a potential impact and/or have an existing
impact to the environment.
26. Environmental Impact shall be the effect of changes in environment caused byundertakings and/or activities.
27. Environmental Organization shall be a group of people organized and formed
based on their own intention with the objectives of activities related toenvironment.
28. Environmental Audit shall be the evaluation conducted to assess thecompliance of those who are responsible for the undertakings and/or
activities with the legal and policy requirements as set up by the government.
29. Ecoregion shall be a geographic region that has common characteristics,
climate, soil, water, native flora, and fauna as well as patterns of humaninteraction with the nature that describe integrity of natural andenvironmental systems.
30. Local Wisdom shall be the noble values that are applicable in the life of local
community in order to protect and manage the environment on a sustainablebasis.
31. Indigenous or Traditional Community shall be a group of people that havehistorically settled in a particular geographical area because of their ties to theorigins of ancestors, strong relationship with environment, and value systemthat determine their economic, politic, social, and legal systems.
32. Every Individual or Citizen shall be an individual or business entity of either
legal establishment (based on laws) or not.
33. Economic Instrument of Environment shall be a set of economic policies toencourage the Government, local government, or any individual to sustain theenvironment functions.
34. Serious Threat shall be a threat in a wide range of impacts to the environmentthat causes a social unrest.
35. Environmental Permit shall be a permit granted to any individual in doing
undertakings and/or activities that are obliged to provide AMDAL or UKL-UPL
in regard of the environmental protection and management as a prerequisite
to obtain a permit of undertakings and/or activities.
36. Permit of Undertakings and/or activities shall be the permit issued by atechnical agency in regard of the undertakings and/or activities.
37. Central Government, hereinafter referring to Government, shall be thePresident of the Republic of Indonesia who holds the power of governance of
the Republic of Indonesia as cited in the 1945 Constitution of the Republic ofIndonesia.
38. Local Government shall be the Governor, Regent or Mayor, and the officials of
local government.
39. Minister shall be the Minister who is in charge of governmental affairs in theprotection and management of environment.
CHAPTER II
PRINCIPLE, OBJECTIVE, AND SCOPE
Part OnePrinciple
Article 2
Protection and Management of Environment shall be implemented based on theprinciple as follows:a. State’s responsibility;b. Sustainable Preservation;c. Harmony and Balance;d. Integration;e. Benefit;
f. Prudence;g. Justice;h. Ecoregions;i. Biodiversity;
j. Polluter subject to paying;k. Participation;l. Local Wisdom;
m. Good Governance; andn. Regional Autonomy.
Part Two
Objective
Article 3
Protection and Management of Environment shall be aimed as follows:a. to protect the territory of the Republic of Indonesia from pollution and/or damage of the environment;b. to ensure the safety, health, and life of humans;c. to guarantee the continuity of the life of living creatures and thepreservation of ecosystems;
d. to preserve the environmental functions;e. to achieve harmony, synchronization, and balance of environment;
f. to guarantee justice (fairness) for the sake of the present and future
generations;g. to ensure the compliance with and the protection of rights toenvironment as part of human rights;
h. to control the use of natural resources on a wise basis;i. to realize a sustainable development; andj. to anticipate any of global issues on environment.
Part Three
Scope
Article 4
Protection and Management of Environment shall include a scope as follows:a. planning;b. utilization;c. control;d. maintenance;
e. supervision; andf. law enforcement.
CHAPTER III
PLANNING
Article 5Planning on the protection and management of environment shall be conducted
through stages as follows:a. inventorying the environment;b. zoning the eco-region; andc. preparing RPPLH.
Part One
Inventorying the Environment
Article 6

(1) Inventorying the environment as cited in Article 5 letter a shall include theinventorying of environment as follows:a. On a National level;b. On a level of island/islands (archipelago); andc. on a level of area of ecoregion.
(2) Inventorying the environment shall be conducted in order to collect data andinformation of natural resources, of which to include:a. potential and availability;
b. types to be utilized;
c. form of control;d. knowledge of management;
e. type of damage; andf. conflict and causes of conflict arising from the management.
Part Two
Zoning the Eco-region
Article 7(1) Inventorying the environment as cited in Article 6 paragraph (1) letters a and b
shall be the basis of zoning the eco-region and be implemented by Minister
after coordinating with relevant agencies.
(2) Zoning the eco-region as cited in paragraph (1) shall be implemented by taking
into account the similarities of:a. landscape characteristics;
b. watershed;c. climate;d. flora and fauna;e. socio-cultural condition;f. economy;g. community institutions; andh. result of environmental inventory.
Article 8Inventorying the environment on a level of eco-region as cited in Article 6paragraph (1) letter c shall be undertaken in order to determine the carrying
capacity and loading capacity as well as the reserves of natural resources.
Part Three
Preparation of Plan on Management and Protection of Environment
Article 9(1) RPPLH as cited in Article 5 letter c shall consist of:a. RPPLH on a national basis;b. RPPLH on a provincial basis; andc. RPPLH on a basis of regency/ municipality.
(2) RPPLH on a national basis as cited in paragraph (1) letter a shall be preparedbased on national inventorying.
(3) RPPLH on a provincial basis as cited in paragraph (1) letter b shall be preparedby referring to:a. RPPLH on a national basis;b. inventorying on the level of island/ islands; andc. inventorying on the level of area of ecoregion.
(4) RPPLH on a basis of regency/ municipality as cited in paragraph (1) letter cshall be prepared by referring to:a. RPPLH on a provincial basis;b. inventorying on the level of island/ islands; andc. inventorying on the level of area of ecoregion.
Article 10(1) RPPLH as cited in Article 9 shall be prepared by Minister, Governor or
Regent/Mayor based on the authority.

(2) The preparation of RPPLH as cited in paragraph (1) shall consider as follows:a. the diversity of characters and ecological functions;b. population distribution;c. potential distribution of natural resources;
d. local wisdom;e. aspirations of people or community; andf. climate change.
(3) RPPLH shall be regulated by as follows:a. government regulations for RPPLH on a national basis;b. provincial regulations for RPPLH on a provincial basis; andc. local regulations of Regency/ Municipality for RPPLH on a basis ofregency/ municipality.
(4) RPPLH shall include as follows:a. the plan on utilization and/or reserves of natural resources;b the plan on maintenance and protection of quality and/ or function ofenvironment;c. the plan on controlling, monitoring and utilizing as well as conserving
the natural resources; andd. the plan on adaptation to and mitigation of climate changes.
(5) RPPLH shall become the basis of preparing the plans on long-term and mediumterm development.
Article 11
Further provisions concerning the environmental inventory as cited in Article 6,
the determination of eco-region as cited in Articles 7 and 8, and RPPLH as cited in
Articles 9 and 10 shall be regulated under a Government Regulation.
CHAPTER IV
Utilization
Article 12

(1) Utilization of natural resources shall be based on RPPLH.
(2) In case that RPPLH as cited in paragraph (1) has yet to be finally prepared, theutilization of natural resources shall be conducted based on the carrying
capacity and the holding capacity of environment by taking into account:a. the continuity of process and the sustainability of environmental
functions;b. the sustainability of environmental productivity; andc. the safety, quality of life and welfare of community.
(3) The carrying capacity and the holding capacity of environment as cited inparagraph (2) shall be determined by:a. Minister for the carrying capacity and the loading capacity ofenvironment on a national basis and on a basis of island / islands;
b. Governor for the carrying capacity and the holding capacity ofenvironment on a provincial basis and on a basis of ecoregion of interregencies/inter-municipalities; orc. Regent/Mayor for the carrying capacity and the holding capacity ofenvironment on a basis of regency/ municipality and on a basis ofarea of ecoregion in a regency/municipality.
(4) Further provisions on procedures for determining the carrying capacity and theholding capacity of environment as cited in paragraph (3) shall be regulated
under a government regulation.
CHAPTER V
CONTROL
Part One
General
Article 13(1) The control of pollution and/or damage of environment shall be conducted forthe sake of environmental conservation.
(2) the control of pollution and/or damage of environment as cited in paragraph(1) shall include:a. prevention;b. solution (overcoming); andc. recovery.
(3) the control of pollution and/or damage of environment as cited in paragraph(1) shall be conducted by Government, Local Government, and those who arein charge of the undertakings and/or activities based on the authorities, roles
and responsibilities.
Part Two
Prevention
Article 14
Instruments to prevent the pollution and/or damage of environment shall include:a. KLHS;b. spatial plan;c. standard quality of environment;
d. standard criteria of environmental damage;e. AMDAL;
f. UKL-UPL;
g. permits;h. environmental and economic instruments;
i. laws and regulations on environment;
j. budget for environment;k. analysis of environmental risks;l. environmental audit; andm. other instruments as per needs and/or based on the advancement ofsciences.
Section 1
Strategic Review of Environment

Article 15(1) Government and Local Government shall be obliged to prepare KLHS toensure that the principles of sustainable development have been made as thebasis and integration of development in region and/or as the basis of policies,
plans and/or programs.
(2) Government and Local Government shall be obliged to implement KLHS as
cited in paragraph (1) in the preparation or evaluation of:a. the spatial plan (RTRW) along with the details of plan, the long-termplan of development (RPJP), and the medium-term plan ofdevelopment (RPJM) on national basis and on the bases of province
and regency/municipality; andb. policies, plans and/or programs that could potentially impact and/or
cause risk to environment.
(3) KLHS shall be conducted based on a mechanism as follows:a. review or assessment of the effect of policies, plans, and/or programs
to environmental conditions in region;b. alternative formulation for the improvement of policies, plans and/or
programs; andc. recommendations for the improvement of decision-making, plan,and/or program that integrate the principles of sustainable
development.
Article 16
KLHS shall include the review or assessment of:a. carrying capacity and holding capacity of environment for the sake ofdevelopment;b. estimation of the impacts and risks of environment;c. performance of ecosystem services;d. efficient use or utilization of natural resources;e. level of vulnerability and adaptive capacity to climate change; andf. level of resilience and potential of biodiversity.

Article 17(1) The result of KLHS as cited in Article 15 paragraph (3) shall become the basis ofpolicy, plan, and/or program of development in region.
(2) In case that the result of KLHS as cited in paragraph (1) states that the carrying
capacity and holding capacity have been exceeded,a. the policy, plan, and / or program of development shall be corrected
as in accordance with the recommendation of KLHS; andb. any undertakings and/or activities that have exceeded the carrying
capacity and holding capacity shall no longer be allowed.
Article 18(1) KLHS as cited in Article 15 paragraph (1) shall be implemented by involving thecommunity and stakeholders.
(2) Further provisions concerning the procedures for the implementation of KLHS
shall be regulated under a Government Regulation.
Section 2
Spatial
Article 19(1) To maintain the sustainability of environment and the safety of people, any
spatial plan shall be based on KLHS.
(2) Spatial plan of territory as cited in paragraph (1) shall be made by taking into
account the carrying capacity and holding capacity of environment.
Section 3
Standard Quality of Environment
Article 20(1) Determination on the pollution of environment shall be measured based on thestandard quality of environment.
(2) Standard quality of environment shall include:a. standard quality of water;b. standard quality of waste water;c. standard quality of sea water ;d. ambient air quality standard;e. standard quality of emissions;f. standard quality of disturbance; andg. another standard quality based on the advancement of science andtechnology.
(3) Everyone shall be allowed to dispose wastes into the environment with thefollowing requirements:
a. to meet the standard quality of environment; andb. to obtain a permit from Minister, Governor or Regent/Mayor based on
the authority.
(4) Further provisions on the standard quality of environment as cited in paragraph(2) letters a, c, d, and g shall be regulated under a Government Regulation.
(5) Further provisions on the standard quality of environment as cited in paragraph(2) letters b, e, and f shall be regulated under a Ministerial Decree.
Section 4
Criteria on Standard of Environmental Damage
Article 21(1) To determine the damage of environment there shall be the criteria on thestandard of environmental damage.
(2) The criteria on the standard of environmental damage shall include the criteriaon the standard of ecosystem damage and the standard of damage caused byclimate change.
(3) Criteria on the standard of ecosystem damage shall include:a. criteria on the standard of damage of land of biomass production;b. criteria on the standard of damage of coral reefs;
c. criteria on the standard of environmental damage related to forest fire

and/or land fire;d. criteria on the standard of damage of mangrove;e. criteria on the standard of damage of sea grass beds;
f. criteria on the standard of damage of peat land;g. criteria on the standard of damage of karst; and / orh. criteria on the standard of damage of other ecosystems as inaccordance with the advancement of science and technology.
(4) Criteria on the standard of damage caused by climate change shall be based onparameters as follows:a. rise of temperature;b. rise of sea level;c. storm; and/or
d. drought.
(5) Further provisions on the criteria of the standard of damage of environment ascited in paragraphs (3) and (4) shall be regulated under a Government
Regulation.
Section 5
Amdal
Article 22(1) Any undertakings and/or activities that have significant impacts to theenvironment shall be subject to the preparation of AMDAL.
(2) Significant impact shall be determined based on the following criteria:
a. the large number of residents who will be affected by the undertakings
and/or activities;
b. the size of area of impact;c. the intensity and duration of impact;d. many of other environmental components that will be affected;

e. the cumulative nature of effects;
f. the reversibility or irreversibility of the impact; and / org.other criteria as in accordance with the advancement of science andtechnology
Article 23(1) Criteria of the undertakings and/or activities that have significant impacts andare subject to AMDAL shall include as follows:a. the changing of patterns of land and landscape;b. the exploitation of natural resources, both of renewable and nonrenewable sources;
c. any of the processes and activities that can potentially cause pollution
and/or damage to environment and also it is considered as a waste ofnatural resources and a decline of utilization;d.

any of the processes and activities that may affect the naturalenvironment, nurtured environment as well as the social and cultural
surroundings;

e. any of the processes and activities that will affect the preservation ofnatural resource conservation and/or the protection of cultural
heritage;f. the introduction of species of plants, animals, and microorganisms;
g. the manufacture and use (utilization) of biological and non-biologicalmaterials;
h. the activities that have a high risk and/or affect the system of defenseof the country; and / ori. the application of technology that is predicted to have a great potentialof affecting the environment.
(2) Further provisions on the type of undertakings and/or activities that are
subject to the completion of AMDAL as cited in paragraph (1) shall be
regulated under a Ministerial Decree.
Article 24
Document of AMDAL as cited in Article 22 shall be the basis of determining theenvironmental feasibility.
Article 25
AMDAL document shall include:
a. review or assessment of the impact of undertakings and/or activities
based on the plan;b. evaluation of activities around the location of undertakings and/or
activities based on the plan;c. feedbacks or inputs and responses from the community (local people)
in regard of the plan on the undertakings and/or activities;
d. forecasts of the magnitude and nature of significant impacts that mightoccur when carrying out the undertakings and/or activities based on
the plan;e. holistic evaluation of the impacts that may occur in order to determine
the environmental feasibility or infeasibility; andf. plan on the environmental management and monitoring.
Article 26(1) Document of AMDAL as cited in Article 22 shall be prepared by the initiator or
instigator by involving the local community.
(2) The involvement of local community shall be based on the principles oftransparency by providing complete information and notification prior to theimplementation of project.
(3) The local community as cited in paragraph (1) shall include:a. the would-be affected people;
b. environmentalists; and/orc. the people who will be affected by any decision in the process of
AMDAL.
(4) Local community as cited in paragraph (1) shall be allowed to express acomplaint or protest against the document of AMDAL.
Article 27
In preparing the document of AMDAL, the initiator or instigator as cited in Article

26 paragraph (1) shall be allowed to ask for assistance from another party.
Article 28(1) The initiator or instigator of AMDAL as cited in Article 26 paragraph (1) and
Article 27 shall have a certificate of competency in preparing AMDAL.
(2) The criteria for obtaining a certificate of competency in preparing AMDAL as
cited in paragraph (1) shall include:
a. mastery of methodology in preparing AMDAL;
b. ability to undertake scoping, forecasting, and evaluating impacts andmaking decision; andc. the ability of preparing a plan on the management and monitoring ofenvironment.
(3) Certificate of competency in preparing AMDAL as cited in paragraph (1) shallbe issued by a certification agency for competency in preparing AMDAL asdetermined by Minister and in incompliance with the prevailing laws andregulations;(4) Further provisions on the certification and criteria of competency in preparing
AMDAL shall be regulated under a Ministerial Decree.
Article 29(1) Document of AMDAL shall be assessed by Commission for AMDAL Assessment
created by Minister, Governor or Regent/Mayor based on the authority.
(2) Commission for AMDAL Assessment shall possess a license from Minister,
Governor or Regent/ Mayor based on the authority.
(3) Requirements and procedures for licensing as cited in paragraph (2) shall be
regulated under a Ministerial Decree.
Article 30(1) Members of Commission for AMDAL Assessment as cited in Article 29 shallconsist of representatives from:a. environmental agency;
b. relevant technical agency;c. expert in the knowledge of types of undertakings and/or activities thatare being assessed;d. expert in the knowledge of the impacts of the undertakings and/or
activities that are being assessed;
e. representative(s) of local communities that are potentially affected;
andf. environmental organizations.
(2) In conducting the duties the Commission for AMDAL Assessment shall be
assisted by a technical team made up of independent experts who willconduct technical studies and a secretariat that is created for such a purpose.
(3) Independent expert(s) and the secretariat as cited in paragraph (3) shall be
determined by Minister, Governor or Regent/Mayor based on the authority.
Article 31
Based on the assessment by the Commission for Amdal Assessment, Minister,
Governor or Regent/Mayor based on the authority shall determine the feasibility
or infeasibility of environment.
Article 32(1) Government and Local Government shall assist the preparation of AMDAL for
undertakings and/or activities for the category of low economy, of which hassignificant impact to the environment.
(2) The assistance for the preparation of AMDAL as cited in paragraph (1) shall bein form of facilitation, cost, and/or process of preparing AMDAL.
(3) The criteria of the undertakings and/or activities in the category of low
economy shall be regulated as in compliance with the prevailing laws andregulations.
Article 33
Further provisions on AMDAL as cited in Articles 22 through 32 shall be regulated
under a Government Regulation;
Section 6
UKL-UPL
Article 34

(1) Any of undertakings and/or activities that are not included in the criteria andare subject to preparation of AMDAL as cited in Article 23 paragraph (1) shallbe obligatory to possess UKLUPL.
(2) Governor or Regent/Mayor shall determine the type of undertakings and/or
activities that are required to be equipped with UKL-UPL.
Article 35(1) Undertakings and/or activities that are not required to be equipped with UKLUPL as cited in Article 34 paragraph (2) shall be equipped with a statement on
the capability of environmental management and monitoring.
(2) Determination of the type of undertakings and/or activities as cited inparagraph (1) shall be based on the criteria as follows:a. not included in the category of significant impact as cited in Article 23
paragraph (1); andb. activities of micro and small enterprises.
(3) Further provisions on UKL-UPL and statement of statement on the capability ofenvironmental management and monitoring shall be regulated under a
Ministerial Decree.
Section 7
PermitArticle 36(1) Any of the undertaking and/or activities that are required to possess AMDAL or
UKL-UPL shall be obliged to obtain an environmental permit.
(2) Environmental permit as cited in paragraph (1) shall be issued based on thedetermination of environmental feasibility as cited in Article 31 or based on
the recommendation of UKL-UPL.
(3) The environmental permit as cited in paragraph (1) shall obligatorily include therequirements based on the determination of environmental feasibility or
recommendation of UKL-UPL.
(4) The environmental permit shall be issued by Minister, Governor or
Regent/Mayor based on the authority.
Article 37

(1) Minister, Governor or Regent/Mayor based on the authority shall reject theapplication for environmental permit if the application for permit is not
equipped with AMDAL or UKL-UPL.
(2) The environmental permit as cited in Article 36 paragraph (4) shall be canceledif:a.

the fulfillment of requirements of the application for the permit
contains legal defection, error, abuse, untruth and/or falsification ofdata, documents, and/or information;b. the issuance is not equipped with the fulfillment of requirements asstated in the decision by the Commission for Environmental Feasibility
or in the recommendation of UKL-UPL; orc. the obligations as stated in the document of AMDAL or UKL-UPL are
not fulfilled or implemented by the individual who is in charge of theundertakings and/or activities.
Article 38
In addition to the provisions as cited in Article 37 paragraph (2) the environmental
permit can also be canceled by a verdict from an administrative court.
Article 39(1) Minister, Governor or Regent/Mayor based on their respective authorities
shall be obliged to announce any of the applications for environmental
permits and the decisions on them.
(2) The announcement as cited in paragraph (1) shall be conducted in a simple
way that the public can easily access to it.
Article 40(1) The environmental permit shall become a requirement for obtaining a permitof the undertakings and/or activities.
(2) In case that the environmental permit is revoked, the permit of undertakings
and/or activities shall be canceled.
(3) In case that the undertakings and/or activities undergo some changes, theindividual in charge of the undertakings and/or activities shall be obliged torenew the environmental permit.
Article 41

Further provisions on the permits as cited in Articles 36 through 40 shall be
regulated under a Government Regulation.
Section 8
Economic Instrument of Environment
Article 42(1) In order to preserve the function of environment, Government and Local
Government shall be obliged to develop and implement economic
instruments of environment.
(2) Economic instruments of environment as cited in paragraph (1) shall include:a. the planning on development and economic activity;b. the funding of environment; andc. the granting of incentives and/or imposing disincentives.
Article 43(1) Instrument of planning on development and economic activities as cited in
Article 42 paragraph (2) letter a shall cover as follows:a. the balances of natural and environmental resources;b. the preparation of gross domestic product (GDP) and gross domestic
product in region that includes depletion of natural resources anddegradation of environment;c. the mechanism of compensation/reward of environment between
regions; andd. the internalization of environmental costs.
(2) The instrument of environmental funding as cited in Article 42 paragraph (2)letter b shall include:a. the guarantee of environmental fund for restoration;b. the fund for pollution prevention and/or damage and restoration ofenvironment; andc. trust fund/ aid for conservation.
(3) Incentives and/or disincentives as cited in Article 42 paragraph (2) c shall begranted to and imposed on:a. the procurement of goods and services that are environmentallyfriendly;b. the application of taxes, levies and subsidies for environment;c. the development of system of financial institutions and capital market
on an environmentally-friendly basis;d. the development of system of permit for the transaction of waste
disposal and/or emissions;e. the development of system of payment for environmental services;
f. the development of environmental insurance;
g. the development of system of environmentally-friendly labeling; andh. the system of awards for performances in regard of environmental
protection and management.
(4) Further provisions on economic instruments of environment as cited in Article
42 and Article 43 paragraphs (1) through (3) shall be regulated under aGovernment Regulation.
Section 9
Environment-based Laws and Regulations
Article 44
In drafting the laws and regulations on both national and regional levels it shall benecessary to take into account the protection of environmental functions and theprinciples of protection and management of environment as in compliance withthe provisions of this Law.
Section 10
Environment-based Budget
Article 45(1) Government and People's House of Representatives (DPR) of the Republic ofIndonesia and Local Government and local house of representatives (DPRD)
shall allocate a sufficient budget to finance as follows:

a. the activities for the protection and management of environment; andb. the programs on environment-based development.
(2) Government shall allocate sufficient funds for special budgets of environment
to be given to regions that have good performance on the protection andmanagement of environment.
Article 46
In addition to the provisions as cited in Article 45 and in order to restore thecondition of environment, of which the quality has been degrading because ofpollution and/or damage at the time of the enactment of this Law, Governmentand Local Government shall allocate funds for the restoration of the environment.
Section 11
Environmental Risk Analysis
Article 47(1) Any of the undertakings and/or activities that can potentially generatesignificant impact to environment and threats to ecosystems and life, and/or
to human health and safety shall be subject to conducting environmental risk
analysis.
(2) The analysis of environmental risks as cited in paragraph (1) shall include:a. the assessment of risk;b. the management of risk; and / orc. the communication of risk.
(3) Further provisions on environmental risk analysis shall be regulated under aGovernment Regulation.
Section 12
Environmental Audit
Article 48
Government shall encourage the individual in charge of undertakings and/or
activities to conduct environmental audit in order to improve the performance ofenvironment.

Article 49(1) Minister shall impose the obligations on environmental audit to:a. the individual who is in charge of the undertakings and/or activities
with high risk to environment; and/or
b. the individual who is in charge of the undertakings and/or activities but
demonstrating non-compliance with the prevailing laws andregulations.
(2) The individual who is in charge of the undertakings and/or activities shall beobliged to conduct environmental audit.
(3) The environmental audit shall be conducted to certain activities with high-risk
on a regular basis.
Article 50(1) In case that the individual or person who is in charge of the undertakings
and/or activities fails to fulfill the obligations as cited in Article 49 paragraph(1), Minister shall be allowed to conduct or assign an independent third party
to conduct an environmental audit on the expense of the individual or person
who is in charge of the undertakings and/or activities ,(2) Minister shall announce the result of environmental audit.
Article 51(1) An environmental audit as cited in Articles 48 and 49 shall be conducted by anenvironmental auditor.
(2) Environmental auditor as cited in paragraph (1) shall be certified for thecompetency in environmental auditing.
(3) Criteria for obtaining a certificate of competency in environmental auditing as
cited in paragraph (2) shall include the abilities of:a. understanding the principles, methodologies, and governance ofenvironmental auditing;b. conducting an environmental audit in the stages of planning,
implementing, concluding and reporting; andc. formulating some recommendations for corrective measures as afollow-up to an audit of environment.

(4) Certificate of competency in environmental auditing as cited in paragraph (2)shall be issued by a certification agency of competency in environmental
auditing as in compliance with the prevailing laws and regulations.
Article 52
Further provisions on environmental audit as cited in Articles 48 through 51 shallbe regulated under a Ministerial Decree.
Part Three
Overcoming (Solution)
Article 53(1) Any person or individual who pollutes and/or damages the environment shallbe obliged to overcome (solve) or tackle the pollution and/or the damage ofthe environment.
(2) The activity to overcome the pollution and/or the damage to the environment
as cited in paragraph (1) shall be carried out as follows:a. providing information and warning about the pollution and/or damage
to the environment to the local community;b. isolating the pollution and/or damage to the environment;c. terminating the source of pollution and/or damage to the environment;
and / ord. doing another way that is in accordance with the advancement ofscience and technology.
(3) Further provisions concerning the procedures to overcome (solve) the
pollution and/or damage to the environment as cited in paragraph (1) shall be
regulated under a Government Regulation.
Part Four
Recovery
Article 54(1) Any person or individual who pollutes and/or damages the environment shallbe obliged to recover the functions of environment.
(2) The recovery of the function of environment as cited in paragraph (1) shall beconducted in stages as follows:a. terminating the source of pollution and cleaning up the substances ofpollutants;
b. remediating;c. rehabilitating;d. restoring; and / ore. doing another way that is in accordance with the advancement ofscience and technology.
(3) Further provisions concerning the procedures for restoring the functions ofenvironment as cited in paragraph (2) shall be regulated under a Government
Regulation.
Article 55(1) The holder of environmental permit as cited in Article 36 paragraph (1) shallprovide a guarantee fund for the restoration of environment.
(2) The guarantee funds shall be deposited in a governmental bank as appointed
by Minister, Governor or Regent/Mayor based on the authority.
(3) Minister, Governor or Regent/Mayor based on the authority shall be allowed
to assign a third party to conduct restoration of the functions of environment
with the use of the guarantee fund.
(4) Further provisions on the guarantee fund as cited in paragraphs (1) through (3)shall be regulated under a Government Regulation.
Article 56
Further provisions on the control of pollution and/or damage of environment ascited in Articles 13 through 55 shall be regulated under a Government Regulation.
CHAPTER VI
MAINTENANCE
Article 57(1) Maintenance of environment shall be conducted by ways of:a. conservation of natural resources;

b. reserves of natural resources; and/or
c. preservation of the function of atmosphere.
(2) Conservation of natural resources as cited in paragraph (1) letter a shall cover
the activities of:a. protecting the natural resources;
b. preserving the natural resources; andc. sustaining the natural resources.
(3) Preserving the natural resources as cited in paragraph (1) letter b shall be of
the natural resource that cannot be managed in a certain period of time.
(4) Sustaining the function of atmosphere as cited in paragraph (1) letter c shall
include:a. the mitigation and adaptation to climate change;b. the protection of ozone layer; andc. the safeguard against acid rain.
(5) Further provisions on the conservation and reserves of natural resources andthe preservation of the function of atmosphere as cited in paragraph (1) shallbe regulated under a Government Regulation.
CHAPTER VII
MANAGEMENT OF HAZARDOUS AND TOXIC (B3) SUBSTANCES AND WASTESPart One
Management of Hazardous and Toxic (B3) Substances
Article 58(1) Every person who imports to the territory of the Republic of Indonesia,
produces, transports, distributes, stores, utilizes, removes, processes, and / orstockpiles B3 substances shall be obliged to conduct a management of B3
substances.
(2) Further provisions on the management of B3 substances as cited in paragraph(1) shall be regulated under a Government Regulation.
Part TwoManagement of Hazardous and Toxic (B3) Wastes
Article 59(1) Every person who generates B3 wastes shall conduct a management of B3
wastes.
(2) In case that B3 substances as cited in Article 58 paragraph (1) have expired, thesubstances shall be subject to a management of B3 wastes.
(3) In case that the person or individual is unable to self-manage the B3 wastes,
the management shall be delegated to another party.
(4) The management of B3 wastes shall be equipped with a permit issued by
Minister, Governor or Regent/ Mayor based on the authority.
(5) Minister, Governor or Regent/ Mayor shall include the environmental
requirements that have to be fulfilled and the obligations to be complied withas cited in the permit of management of B3 wastes.
(6) The decision to grant a permit shall obligatorily be announced.
(7) Further provisions on the management of B3 wastes shall be regulated under aGovernment Regulation.
Part Three
Dumping
Article 60
Every person or individual shall be prohibited to dump the wastes and/or
substances to environmental medium without permission.
Article 61(1) Dumping as cited in Article 60 shall be allowed with an approval from Minister,
Governor or Regent/ Mayor based on the authority.
(2) Dumping as cited in paragraph (1) shall be conducted in a predetermined
location.
(3) Further provisions concerning the procedures and requirements for dumping
the wastes or substances shall be regulated under a Government Regulation.
CHAPTER VIII
INFORMATION SYSTEM

Article 62(1) Government and Local Government shall develop an information system onenvironment in order to support the implementation of environmental policy
and the management of environment.
(2) The information system on environment shall be coordinated and integrated
and it has to be published to the public.
(3) The system of information on environment shall at least contain theinformation about the status of environment, the map of environmental
hazard, and other environmental information.
(4) Further provisions on the system of environmental information shall be
regulated under a Ministerial Decree.
CHAPTER IX
DUTIES AND AUTHORITIES OF GOVERNMENT AND LOCAL GOVERNMENT
Article 63(1) In regard of the protection and management of environment, Government’s
duties and authorities shall be as follows:a. to make national policies;b. to set up norms, standards, procedures, and criteria;c. to make and implement national policies on RPPLH;
d. to make and implement policies on KLHS;
e. to make and implement policies on AMDAL and UKL-UPL;
f. to conduct inventorying of national natural resources and emission ofgreenhouse gas;g. to develop a standard of cooperation;h. to coordinate and conduct the control of pollution and/or damage ofenvironment;i. to make and implement policies on natural bio resources and non-bio
resources, biodiversity, genetic resources, bio-safety and geneticallymodified products;

j. to make and implement policies on the control of impacts of climatechange and the protection of ozone layers;
k. to make and implement policies on B3, wastes, and B3 wastes;
l. to make and implement policies on the protection of marine
environment;
m. to make and implement policies on pollution and/or damage ofenvironment across the national borders;n. to guide and monitor the implementation of national policies, local
regulations, and regulations of region heads;
o. to guide and monitor the compliances of the person or individual in
charge of the undertakings and/or activities with the environmental
permit as well as the prevailing laws and regulations;p. to develop and apply the environmental instruments;
q. to coordinate and facilitate cooperation, to settle disputes between
regions and to solve the disputes;
r. to develop and implement policies in regard of public complaints;
s. to set up a minimum standard of services;t. to make policies on the procedures of recognition of the customs ofindigenous people, local wisdom, and indigenous rights in regard of
the protection and management of environment;
u. to manage the national information on environment;
v. to coordinate, develop, and disseminate the use of environmentalfriendly technologies;
w. to provide education, training, coaching, and awards;
x. to develop a means of and a standard of environmental laboratory;
y. to issue environmental permits;z. to determine area of eco-region; andaa. to enforce environmental laws.
(2) In the protection and management of environment, the provincial

government’s duties and authorities shall be as follows:a. to make policies on provincial level;b. to make and implement KLHS on provincial level;c. to make and implement policies of RPPLH on provincial level;
d. to make and implement policies of AMDAL and UKL-UPL;
e. to conduct inventorying of natural resources and greenhouse-gas
emissions on provincial level;
f. to develop and implement cooperation and partnerships;
g. to coordinate and implement the activities to control pollution and/or
damage of environment in inter-regency/ municipality;
h. to conduct guidance and monitoring of the implementation of policies,
local regulations, and regulations of heads of regency/ municipality;
i. to guide and monitor the compliances of the person or individual in
charge of the undertakings and/or activities with the environmental
permit as well as the prevailing laws and regulations;j. to develop and implement the environmental instruments;
k. to coordinate and facilitate cooperation and to settle disputes of interregencies/ inter-municipalities and to find solution of the disputes;
l. to conduct guidance, technical assistance and monitoring ofregencies/municipalities over the programs and activities;
m. to implement a minimum standard of services;n. to make policies on the procedures of recognition of the customs ofindigenous people, local wisdom, and indigenous rights in regard of
the protection and management of environment on provincial level;o. to manage environmental information on provincial level;p. to develop and socialize the application of environmentally-friendly
technologies;
q. to provide education, training, guidance (coaching), and awards;
r. to issue environmental permits on provincial level; ands. to enforce or uphold the environmental laws on provincial level.
(3) In regard of protection and management of environment, the local governmentof regency/municipality shall conduct the duties and authority as follows:a. to make policies on the level of regency/ municipality;
b. to prepare and implement KLHS on the level of regency/ municipality;
c. to make and implement policies of RPPLH on the level of regency/municipality;
d. to make and implement policies of AMDAL and UKL-UPL;
e. to conduct inventorying of natural resources and greenhouse-gas
emissions on the level of regency/ municipality;
f. to develop and implement cooperation and partnerships;
g. to develop and implement environmental instruments;h. to facilitate and settle disputes;
i. to guide and monitor the compliances of the person or individual in
charge of the undertakings and/or activities with the environmental
permit as well as the prevailing laws and regulations;j. to implement a minimum standard of services;k. to implement policies on the procedures of recognition of the customsof indigenous people, local wisdom, and indigenous rights in regard of
the protection and management of environment on the level ofregency/ municipality;
l. to manage environmental information on the level of regency/municipality;
m. to develop and implement policies on the system of environmental
information on the level of regency/ municipality;
n. to provide education, training, coaching, and awards;
o. to issue environmental permits on the level of regency/ municipality;
andp. to enforce or uphold the environmental laws on the level of regency/municipality.

Article 64
The duties and authority of Government as cited in Article 63 paragraph (1) shallbe conducted and/or coordinated by Minister.
CHAPTER X
RIGHT, RESPONSIBILITY AND PROHIBITIONPart One
Right
Article 65(1) Everyone shall be entitled to a good and healthy environment as part ofhuman rights.
(2) Everyone shall have the right to environmental education, access to
information, access to participation and access to justice in fulfilling the rightto a good and healthy environment.
(3) Everyone shall have the right to giving advice and/or objecting to a plan ofundertakings and/or activities that may lead to an increase of environmental
impacts.
(4) Everyone shall have the right to participating in environmental protection andmanagement as in compliance with the prevailing laws and regulations.
(5) Everyone shall be entitled to expressing complaints against an alleged
pollution and/or damage of environment.
(6) Further provisions concerning the procedures of complaints as cited inparagraph (5) shall be regulated under a Ministerial Decree.
Article 66
Everyone who fights for the right to a good and healthy environment shall not be
prosecuted based on criminal and civil lawsuits.
Part Two
Responsibility
Article 67
Everyone shall be obliged to preserve the functions of environment and to control

the pollution and/or damage of environment.
Article 68
Everyone who is in charge of undertakings and/or activity shall do as follows:a. to provide information in regard of the protection and management ofenvironment on a correct, accurate, transparent, and timely basis;b. to maintain and sustain the environmental functions; andc. to comply with the regulations on the standard of environmental quality and/or
the standard of criteria on environmental damage.
Part Three
Prohibition
Article 69(1) Everyone shall be prohibited:a. to carry out activities that cause pollution and/or damage ofenvironment;b. to bring B3 that is prohibited by the prevailing laws and regulations into
the territory of the Republic of Indonesia;c. to bring wastes from outside the territory of the Republic of Indonesia to
the media of environment within the territory of the Republic ofIndonesia ;d. to bring B3 wastes into the territory of the Republic of Indonesia;
e. to dispose waste into the environment;
f. to dispose B3 and B3 waste into the environmental media;
g. to release genetically modified products to the environmental media
that are contrary to the prevailing laws and regulations or theenvironmental permit;h. to conduct land clearing with a method of slashes and burns;
i. to prepare AMDAL without possessing a certificate of competency inpreparing AMDAL; and/or
j. to provide false and misleading information, to lose information, to spoil

information, or to give incorrect information.
(2) The provisions as cited in paragraph (1) letter h shall include the serious
attention to the local wisdom in the respective regions.
CHAPTER XIROLE OF PEOPLE
Article 70(1) The people shall have rights and equal opportunities to playing an active role in
the protection and management of environment.
(2) The role of people shall be in form of:a. social monitoring;b. giving advice, opinion, suggestion, objection and complaint; and/or
c. giving information and/or submitting a report.
(3) The people shall play their respective roles for the sake of:a. raising the awareness of the management and protection ofenvironment;
b. increasing self-reliance, empowering the community and improving thepartnerships;
c. developing the capacity and initiative of the community;d. increasing the community responsiveness to social monitoring; ande. developing and maintaining the culture and local wisdom in order tosustain the functions of environment.
CHAPTER XII
MONITORING AND ADMINISTRATIVE SANCTION
Part One
Monitoring
Article 71(1) Minister, Governor or Regent/Mayor based on the authority shall monitor orsupervise the compliances of those who are in charge of undertaking and/or

activities with the prevailing laws and regulations on environmental
protection and management.
(2) Minister, Governor or Regent/Mayor shall be allowed to delegate the authorityof monitoring (supervising) to official/ agent who is in charge of the protection
and management of environment.
(3) In conducting the monitoring, Minister, Governor or Regent/Mayor shall assign
a functional official for environmental monitoring.
Article 72
Minister, Governor or Regent/Mayor based on the authority shall monitor orsupervise the compliances of those who are in charge of the undertaking and/or
activities with the environmental permit.
Article 73
Minister shall be allowed to monitor or supervise the compliances of those whoare in charge of the undertaking and/or activities whose environmental permits
are issued by Local Government in case that Government considers there havebeen serious violations to the protection and management of environment.
Article 74(1) The official for environmental monitoring as cited in Article 71 paragraph (3)shall be authorized for as follows:a. monitoring;b. requesting information;c. making copies of documents and/or making necessary records;
d. entering certain places;
e. taking pictures;
f. making audio-visual recordings;
g. taking samples;h. checking tools and equipment;
i. checking the installation and/or a means of transport; and / or
j. stopping certain violations.

(2) In conducting the duties the official for environmental monitoring shall beallowed to coordinate with civil servants as the officials of investigation.
(3) The person or individual who is in charge of the undertakings and/or activities
shall be prohibited from impeding the implementation of duties of the official
for the sake of environmental monitoring.
Article 75
Further provisions on the procedure for the assignment of official forenvironmental monitoring and the procedure for the implementation ofmonitoring as cited in Article 71 paragraph (3), Articles 73 and 74 shall be
regulated under a Government Regulation.
Part Two
Administrative sanction
Article 76(1) Minister, Governor or Regent/Mayor shall impose an administrative sanction
against the person in charge of the undertakings and/or activities in case thatduring the monitoring is found a violation to environmental permit.
(2) Administrative sanction shall include:a. written warning;b. compulsion by Government;c. suspension of environmental permit; ord. revoke of environmental permit.
Article 77
Minister shall impose an administrative sanction against the person in charge ofthe undertakings and/or activities in case that Government considers that Local
Government has deliberately not imposed an administrative sanction against any
serious violation in regard of the protection and management of environment.
Article 78
The administrative sanction as cited in Article 76 shall not relieve the person in
charge of the undertakings and/or activities from any obligation and criminal
punishment.

Article 79
The administrative sanction such as suspension or revoke of environment permit
as cited in Article 76 paragraph (2) letters c and d do shall be imposed upon incase that the person in charge of the undertakings and/or activities fails toaccomplish the compulsion by Government.
Article 80(1) Compulsion by Government as cited in Article 76 paragraph (2) letter b shall bein form of:a. temporary suspension of production activities;
b. relocation of production facilities;
c. shutting the sewage or waste disposal;
d. demolition;e. seizure of goods or equipment that can potentially cause violation;f. temporary suspension of all activities; org. Other measures aimed to stop the violation and to restore theenvironmental functions.
(2) Compulsion by Government shall be imposed without any prior warning incase that the violation may cause:
a. a very serious threat to humans and environment;b. greater impact in wider scope if the pollution and/or damage is not
immediately stopped; and/or
c. greater losses to the environment if the pollution and/or damage is not
immediately stopped.
Article 81
Any person in charge of the undertakings and/or activities, who fails toaccomplish the compulsion by Government, shall be subject to a fine for any delayof the execution of the sanction in form of compulsion by Government.
Article 82(1) Minister, Governor or Regent/Mayor shall be authorized to compel the person
in charge of the undertakings and/or activities to restore the environment

from the pollution and/or damage.
(2) Minister, Governor or Regent/Mayor shall be authorized to assign a third party
to conduct the restoration of environment from the pollution and/or damage,of which the expense shall be borne by the person in charge of theundertakings and/or activities
Article 83
Further provisions concerning the administrative sanction shall be regulated
under a Government Regulation.
Chapter XIIISETTLEMENT OF ENVIRONMENTAL DISPUTEPart One
General
Article 84(1) Environmental disputes shall be settled at court or outside the court.
(2) The option on how to settle an environmental dispute shall be voluntarily
decided by the parties in dispute.
(3) A lawsuit filed at Court shall be allowed if the option to settle the dispute outof the Court has been declared unsuccessful by one or both parties in dispute.
Section Two
Environmental Dispute to be Settled outside the Court
Article 85(1) Environmental dispute shall be settled outside the Court in order to reach adeal on:a. the type and amount of compensation;b. the recovery action in regard of the pollution and/or damage;c. specific action to ensure there is no reoccurrence of pollution and/or
damage; and/or
d. action or measure to prevent negative impacts to environment.

(2) The dispute settled outside the Court shall not be allowed for any
environmental crime as regulated under this Law.
(3) In regard of the settlement of dispute outside the Court it shall be allowed touse the services of mediator and/or arbitrator to help resolve theenvironmental dispute.
Article 86(1) The people shall be allowed to create an agency of services on how to settle
the environmental disputes and the agency shall be independent andimpartial.
(2) Government and Local Government shall be allowed to facilitate the creationof such an independent and impartial agency of services for the settlement ofenvironmental disputes.
(3) Further provisions on the agency of services for the settlement ofenvironmental disputes shall be regulated under a Government Regulation.
Part Three
Settlement of Environmental Disputes at Court
Section 1
Compensation and Recovery of Environment
Article 87(1) Every person or individual in charge of the undertakings and/or activities who
commits any illegal action in regard of pollution and/or damage ofenvironment that can cause harm to other humans or environment shall beobliged to pay compensation and/or take specific actions.
(2) Every person or individual who commits wrongdoings that breach the laws
such as handing over and changing the nature and form of the undertakings
and/or activities shall not make the entity free from any legal charge and/or
obligation that might be imposed on the entity.
(3) The Court shall be allowed to determine the compulsory payment (fine) uponany delay of the execution of the Court verdict.
(4) The amount of money for the compulsory payment (fine) shall be based on
the prevailing laws and regulations.
Section 2

Absolute Responsibility
Article 88
Everyone whose action, undertakings and/or activities that use B3, produce
and/or manage B3 wastes, and/or pose a serious threat to environment shall beabsolutely responsible for the losses incurred without previously proving thetypes of faults.
Section 3
Deadline of Expiration to File Lawsuit
Article 89(1) The deadline of expiration to file a lawsuit at the Court shall follow the deadline
as regulated under the provisions of Civil Law and as of the date of thefindings of pollution and/or damage to environment.
(2) The deadline of expiration shall not be applicable to the pollution and/or
damage to environment that is caused by the undertakings and/or activities
that use and/or manage B3 and also produce B3 wastes.
Section 4
Government and Local Government’s Rights to Lawsuits
Article 90(1) Governmental Agency and Local Government in charge of environment shallbe authorized to file lawsuits and claims for the compensation of damages
and the compulsion of specific action against those who are in charge ofundertakings and/or activities that cause pollution and/or damage ofenvironment and environmental losses.
(2) Further provisions on environmental losses as cited in paragraph (1) shall be
regulated under a Ministerial Decree.
Section 5
People’s Right to Class Action (Lawsuit)
Article 91(1) People shall have the right to filing a class action (lawsuit) for the sake ofthemselves or on behalf and/or for the benefit of the community in case that

there are losses caused by the pollution and/or damage of environment.
(2) A class action (lawsuit) can be filed in case there is similarity of facts or events,
and type of claims by the group or the members of group.
(3) The provisions concerning the people’s right to class action (lawsuit) shall be incompliance with the prevailing laws and regulations.
Section 6
Environmental Organization’s Right to Lawsuit
Article 92(1) In regard of the implementation of the responsibility for the protection andmanagement of environment, any of environmental organizations shall beentitled to filing a lawsuit for the sake of the sustainable functions of theenvironment.
(2) The right to filing a lawsuit shall be restricted to a claim for taking certain
actions without any claim for compensation, except certain cost or real
spending.
(3) Any of the environmental organizations shall be allowed to file a lawsuit basedon the requirements as follows:a. it is a legal entity;b. it is asserted in the Statute of the environmental organization that it
was founded for the sake of sustainable functions of environment;
andc. it has been carrying out its real activities based on its Statute for aperiod of no less than 2 (two) years.
Section 7
Administrative lawsuit
Article 93(1) Any person shall be allowed to file a lawsuit against the verdict of the State’s
Administrative Court, in case that:a. the agency or the official of State’s Administrative Court has issued anenvironmental permit for the undertakings and/or activities that aremandatory to prepare AMDAL but no document of AMDAL has been

prepared yet;b. the agency or the official of State’s Administrative Court has issued anenvironmental permit for the activities that require UKL-UPL, but nodocument of UKL-UPL has been prepared yet; and / orc. the agency or the official of State’s Administrative Court has issued apermit of undertakings and / or activities but not equipped with anenvironmental permit.
(2) The procedures to file a lawsuit against the verdict of the State’s Administrative
Court shall refer to the Law on Procedures of State’s Administrative Court.
Chapter XIV
INVESTIGATION AND EVIDENCE
Part One
Investigation
Article 94(1) In addition to investigator from the police of the Republic of Indonesia, certain
official of civil servant in the government agency whose scope of duties andresponsibilities are in the protection and management of environment shallbe authorized to become an investigator as cited in the Procedures under the
Criminal Codes and conduct an investigation over the environmental crimes.
(2) The investigator of civil servant shall be authorized:
a. to verify a report or information on criminal violation in regard ofenvironmental protection and management;b. to conduct an investigation of any person who is suspected ofcommitting criminal violation in regard of environmental protection
and management;c. to ask for information and evidence from any person concerning thecriminal violation in regard of environmental protection andmanagement;
d. to conduct an investigation of books, records, and other documents
concerning the criminal violation in regard of environmental
protection and management;
e. to conduct investigation in certain places that are allegedly having

evidences, books, records, and other related documents;
f. to confiscate the material and goods related to the violence that can beused as evidences in a criminal case in regard of environmental
protection and management;
g. to ask for assistance from expert when conducting the duties ofinvestigation on criminal violation in regard of environmental
protection and management;
h. to cease an investigation;i. to enter certain places, to take pictures, and / or to make audio-visual
recordings;
j. to conduct a search of body, clothing, room, and/or other places thatare suspected of being the scenes of crimes; and / ork. to arrest and detain the criminal violator.
(3) In conducting the arrest and detention as cited in paragraph (2) letter k, theinvestigator of civil servant shall coordinate with the investigator from thepolice of the Republic of Indonesia.
(4) In case that the investigator of civil servant is conducting an investigation, theinvestigator of civil servant shall notify the investigator from the police of the
Republic of Indonesia and the investigator from the police of the Republic ofIndonesia shall give assistance in order to succeed such an investigation.
(5) The investigator of civil servant shall notify about the commencement ofinvestigation to a public prosecutor with carbon copy to the investigator fromthe police of the Republic of Indonesia.
(6) The result of investigation conducted by the investigator of civil servant shallbe submitted to the public prosecutor.
Article 95(1) In regard of law enforcement against the criminal violator of environment, it
shall be suggested that integrated law enforcement be conducted by theinvestigator of civil servant, the investigator from the police, and theprosecutor (attorney) under the coordination by Minister.
(2) Further provisions concerning the implementation of integrated law
enforcement shall be regulated based on the prevailing laws and regulations.

Part Two
Evidence
Article 96
Valid evidences in criminal prosecution shall include as follows:a. statement by witness;b. testimony by expert;c. letter;d. clue(s)e. testimony by defendant; and/or
f. others , including evidences as regulated under the prevailing laws andregulations.
CHAPTER XVCRIMINAL INDICTMENT
Article 97
Criminal indictment under this Law shall be considered as crimes.
Article 98(1) Any person who intentionally commits violation (wrongdoing) that exceeds theambient limit of standard of air quality, water quality, seawater quality, or the
standard criteria of environmental damage, shall be punished withimprisonment of minimum 3 (three) years and maximum 10 (ten) years and afine of at least Rp3,000,000,000 (three billion rupiah) and at most
10,000,000,000 (ten billion rupiah).
(2) In case that the violation as cited in paragraph (1) causes injury and/or hazard
to human health, the person shall be punished with imprisonment forminimum 4 (four) years and maximum 12 (twelve) years and a fine of at least
Rp4,000,000,000 (four billion rupiah) and at most Rp12,000,000,000 (twelve
billion).
(3) In case that the violation as cited in paragraph (1) causes injury or death, theperson shall be punished with imprisonment of minimum 5 (five) years andmaximum 15 (fifteen) years and a fine of at least Rp5,000,000,000 (five billion

rupiah) and at most Rp15,000,000,000 (fifteen billion rupiah).
Article 99(1) Any person because of being negligent causes the exceeding of the limit ofambient standard of air quality, water quality, seawater quality, or the
standard criteria of environmental damage, shall be punished withimprisonment for minimum 1 (one) year and maximum 3 (three) years and afine of at least 1,000,000,000 (one billion rupiah) and at most
Rp3,000,000,000 (three billion rupiah).
(2) In case that the negligence as cited in paragraph (1) causes injury and/or
hazard to human health, the person shall be punished with imprisonment forminimum 2 (two) years and maximum 6 (six) years and a fine of at least
Rp2,000,000,000 (two billion rupiah) and at most Rp6,000,000,000 (six billion
rupiah).
(3) In case that the negligence as cited in paragraph (1) causes injury and/or deathof human, the person shall be punished with imprisonment for minimum 3(three) years and maximum 9 (nine) years and a fine of at least
Rp3,000,000,000 ( three billion rupiah) and at most Rp9,000,000,000 (ninebillion rupiah).
Article 100(1) Any person who violates the quality standard of waste water, the quality
standard of emissions or the quality standard of disturbances shall becriminally punished with maximum imprisonment of 3 (three) years and amaximum fine of Rp3,000,000,000 (three billion rupiah).
(2) The criminal violation as cited in paragraph (1) shall be imposed in case that theadministrative sanction that has been imposed is not accomplished or theviolation is committed more than once.
Article 101
Every person who releases and/or distributes genetically engineered products tothe media of environment, of which is contrary to the prevailing laws andregulations or the environmental permit as cited in Article 69 paragraph (1) letterg, shall be punished with imprisonment for minimum 1 (one) year and maximum 3(three) years and a fine of at least 1,000,000,000.00 (one billion rupiah) and at
most Rp3,000,000,000 (three billion rupiah).
Article 102

Every person who undertakes the management of B3 waste without a permit ascited in Article 59 paragraph (4) shall be punished with imprisonment forminimum 1 (one) year and maximum 3 (three) years and a fine of at least
1,000,000,000 (one billion rupiah) and at most Rp3,000,000,000 (three billion
rupiah).
Article 103
Every person who generates B3 waste and does undertake the management ascited in Article 59, shall be punished with imprisonment for minimum 1 (one) year
and maximum 3 (three) years and a fine of at least 1,000,000,000 (one billion
rupiah ) and at most Rp3,000,000,000 (three billion rupiah).
Article 104
Every person who undertakes the dumping of waste and/or substance toenvironmental media without a permit (approval) as cited in Article 60, shall bepunished with imprisonment for minimum 3 (three) years and a fine of maximum
Rp3,000,000,000 (three billion rupiah).
Article 105
Every person who brings waste into the territory of the Republic of Indonesia ascited in Article 69 paragraph (1) letter c, shall be punished with imprisonment forminimum 4 (four) years and maximum 12 (twelve) years and a fine of at least
Rp4,000,000,000 (four billion rupiah) and at most Rp12,000,000,000 (twelve
billion).
Article 106
Every person who brings B3 waste into the territory of the Republic of Indonesia
as cited in Article 69 paragraph (1) letter d, shall be punished with imprisonment
for minimum 5 (five) years and maximum 15 (fifteen) years and a fine of at least
Rp5,000,000,000 (five billion rupiah) and at most Rp15,000,000,000 (fifteen billion
rupiah).
Article 107
Every person who brings B3 into the territory of the Republic of Indonesia, of
which is prohibited by the prevailing laws and regulations and as cited in Article
69 paragraph (1) letter b, shall be punished with imprisonment for minimum 5(five) years and maximum 15 (fifteen) years and a fine of at least Rp5,000,000,000(five billion rupiah) and at most Rp15,000,000,000 (fifteen billion rupiah).
Article 108

Every person who clears the land area based on a slash-and-burn method as citedin Article 69 paragraph (1) letter h, shall be punished with imprisonment forminimum 3 (three) years and maximum 10 (ten) years and a fine of at least
Rp3,000,000,000 (three billion rupiah) and at most 10,000,000,000 (ten billion
rupiah).
Article 109
Every person who conducts the undertaking and/or activities without anenvironmental permit as cited in Article 36 paragraph (1) shall be punished withimprisonment for minimum 1 (one) year and maximum 3 (three) years and a fineof at least 1,000,000,000 (one billion rupiah) and at most Rp3,000,000,000 (threebillion rupiah).
Article 110
Every person who prepares AMDAL without having a certificate of competency in
AMDAL preparation as cited in Article 69 paragraph (1) letter i, shall be punishedwith imprisonment for maximal 3 (three) years and a fine of at most
Rp3,000,000,000 (three billion rupiah) ,Article 111(1) Official in charge of the issuance of environmental permit who has issued aenvironmental permit but not equipped with an environmental impact
analysis or UKL-UPL as cited in Article 37 paragraph (1), shall be punished withimprisonment for maximum 3 (three) years and a fine of at most
Rp3,000,000,000 (three billion rupiah).
(2) Official in charge of the issuance of permit of undertakings and/ or activities
who has issued a permit of undertakings and/ or activities but not equippedwith environmental permit as cited in Article 40 paragraph (1), shall bepunished with imprisonment for maximum 3 (three) years and a fine of at
most Rp3, 000,000,000 (three billion rupiah).
Article 112
Every governmental official based on the authority has deliberately failed to
conduct the monitoring of the compliance of the person or individual in charge ofthe undertakings and/or activities with the prevailing laws and regulations andthe environmental permit as cited in Articles 71 and 72, and of which has caused
pollution and/or damage of the environment and a loss of human lives, shall bepunished with imprisonment for maximum 1 (one) year or a fine of at most
Rp500,000,000 (five hundred million rupiah).

Article 113
Any person who provides false and misleading information, lose information,
spoils information, or provides incorrect information as required for the sake ofmonitoring and law enforcement in regard of the protection and management ofenvironment as cited in Article 69 paragraph (1) letter j, shall be punished withimprisonment for maximum 1 (one) year and a fine of at most 1,000,000,000 (onebillion rupiah).
Article 114
Each person or individual in charge of the undertakings and/or activities whodoes not accomplish the compulsion by Government, shall be punished withimprisonment for maximum 1 (one) year and a fine of at most 1,000,000,000 (onebillion rupiah).
Article 115
Any person who intentionally prevents, hinders, or disturbs the implementationof the duties of environmental monitoring by the governmental official and/or theinvestigation by the investigator of civil servant, shall be punished withimprisonment for maximum 1 (one) year and a fine of at most Rp500,000,000(five hundred million rupiah).
Article 116(1) In case that the environmental crime was committed by, for, or on behalf of anentity of undertakings, the criminal prosecution and criminal sanction shall be
imposed on:a. the entity of undertakings; and/or
b. the person or individual who gave an order to commit the criminal
violation or the person as the leader of the activity in committing thecriminal violation.
(2) In case that the environmental crime as cited in paragraph (1) was committed
by a person, who is based on the work relation (employment) or other relation
acting in a scope of the entity’s undertakings, the criminal sanction shall be
imposed upon the instructor or the leader in regard of criminal violation byignoring whether the criminal violation was conducted individually or jointly.
Article 117
In case that the criminal persecution will be imposed on the person who instructs(instructor) or the leader of the criminal violation as cited in Article 116 paragraph(1) letter b, the criminal sanction in form of imprisonment and a fine shall bemade one-third greater.
Article 118
In regard of the criminal violation as cited in Article 116 paragraph (1) letter a, thecriminal sanction shall be imposed on the entity of undertakings as represented
by the people in management who are functionally authorized to represent theentity of undertakings inside and outside the court as in compliance with theprevailing laws and regulations.
Article 119
In addition to criminal sanction as cited in this Law, the entity of undertakings
shall be subject to additional criminal charges or disciplinary actions as follows:a. to apprehend the profits derived from the crimes;
b. to shut or terminate all or part of the undertakings and/or activities;c. to conduct the repairing of the damage caused by the crime;d. to oblige to do what has been neglected without any right; and/or
e. to place the entity under guardianship for no longer than 3 (three)
years.
Article 120(1) In implementing the provisions as cited in Article 119 letters a, b, c, and d, theprosecutor in coordination with the agency in charge of the protection andmanagement of environment shall perform the execution.
(2) In implementing the provisions as cited in Article 119 paragraph e, theGovernment shall be authorized to manage the entity of undertakings that is
sanctioned to be placed under guardianship in order to execute the court
verdict that has a permanent legal force.
CHAPTER XVI
TRANSITIONAL PROVISION
Article 121(1) At the time of the enactment of this Law, in a period of no longer than 2 (two)years every entity of undertakings and/or activities that has obtained a permitof undertakings and/or activities but has yet to obtain the document of

AMDAL, shall be obliged to complete the environmental audit.
(2) At the time of the enactment of this Law, in a period of no longer than 2 (two)years every entity of undertakings and/or activities that has obtained a permitof undertakings and/or activities but has yet to obtain UKL-UPL, shall beobliged to prepare the document of environmental management.
Article 122(1) At the time of the enactment of this Law, in a period of no later than 1 (one)year, every person who prepares the AMDAL shall be obliged to obtain acertificate of competency in preparing AMDAL.
(2) At the time of the enactment of this Law, in a period of no later than 1 (one)year, every environmental auditor shall be obliged to obtain a certificate ofcompetency of environmental auditor.
Article 123
All the permits for the management of environment that have been issued by
Minister, Governor or Regent/Mayor based on the authority shall be integrated
into a permit of environment in a period of no later than 1 (one) year as of theenactment of this Law.
CHAPTER XVIICLOSING PROVISION
Article 124
At the time of the effectiveness of this Law, all the implementing regulations of
Law Number 23 Year 1997 on Environmental Management (State Gazette of the
Republic of Indonesia Year 1997 Number 68, Supplement to State Gazette of the
Republic of Indonesia Number 3699) shall be declared to remain effective as longas not contradictory to, or having yet to be replaced by the new regulations basedon this Law.
Article 125
At the time of the enactment of this Law, Law Number 23 Year 1997 on
Environmental Management (State Gazette of the Republic of Indonesia Year
1997 Number 68, Supplement to State Gazette of the Republic of Indonesia
Number 3699) shall be revoked and declared no longer effective.
Article 126

The implementing regulations for this Law shall be enacted or issued in a periodof no longer than 1 (one) year after the enactment of this Law.
Article 127
This Law shall be effective as of the date of enactment. That everybody shall bemade aware of, and the enactment of this Law shall be published in theState Gazette of the Republic of Indonesia.
Stipulated in Jakarta
Dated October 3, 2009PRESIDENT OF
THE REPUBLIC OF INDONESIA
SignedDR. H. SUSILO BAMBANG YUDHOYONO
Enacted in Jakarta
Dated October 3, 2009
Minister of Justice and Human Rights
Of the Republic of Indonesia,
SignedANDI MATTALATTA
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2009 NUMBER 140