Indonesian EIA Laws & Regulations:

Some On-the-Ground Challenges

in Environmnetal Monitoring

Erik Teguh Primiantoro, MES

Deputy Director for EIA Systems Development and
Technical Assistances

Ministry of Environment and Forestry-Indonesia

DG for Forestry and Environmental Planning
Directorate for Environmental Impact Prevention
of Business and Activty
 Environmental Permit Governance in Indonesia
Planning Stage Project Implementation Stage

Environmental Protection & Management

(EPM) Permits i.e. Wastewater, LA and Hazardous
1 Management, and Dumping Permits

The Business
Environmental
Permit
and/or Activity Implementation of the Project Activity
Permits (Pre‐Construction, Construction, Operation &
Maintanance, Post‐Operation/Decommissioning)
EIA Proces
(Amdal/UKL-UPL) Forest
Ulitization
2
(IPPKH) or Implementation of Environmental
Conversion the Environmental
Audit
Proposed Permit Permit & EPM Permits
Project
• IPPKH: if the proposed

Spatial Plan
project is located in the
Production and/or Environmental
3
Protected Forest; Monitoring/Inspection
• The Conversion Permit: if Environmental
the proposed project is Compliance based on
General/ located in the Conversion Environmental Law the environmental
Detail Forest Enforcement standards
The Project Implementation & Environmental Monitoring Systems
Implementation Stage
Environmental Compliance with:
1. Environmental
Impacts: Laws &
The environmental
Regulations
changes result from
Pre-Construction, Contruction, businesses and/or 2. Environmental
Operation-Maintenance & Post activities Permit & EMPs
Operation

The EIA Infrastructures for the

The Projec Proponent/
Implementation of effective implementation:
Permit Holder implements:
EIA (Environmental 1. Laws and Regulations;
1. The requirements and
Permit & 2. Technical Guidelines;
obligations of EP and
EPM Permits)
EPM Permits; 3. Institutions responsible for
2. Environmental environmental monitoring;
The Government &
Management Plan; 4. Resources i.e. Human
Local Governments:
3. Environmental resources, Technologies
Environmental
Monitoring Plan ; financial resources ;
Monitoring,
4. Continuous Compliance Inspection 5. Public Participation and
Improvement. and Law Enforcement Information Disclosure ;
 Obligations of Environmental Permit Holders

Environmental Permit Holders have responsibilities to:

a. Comply with the requirements and obligations contained
the Environmental Permit and Environmental
Protection and Management Permit;
b. Create and submit report on the implementation of the
requirements and obligations in the permit to the Minister
of Environment, the Governor, or regent / mayor  the
report must be delivered periodically every 6 months,
and
c. Provide a guarantee fund for the restoration of
environmental functions in accordance with the
regulations

Source: Government Regulation No. 27 Year 2012 on Environmental Permit Article 53

The Authority of Environmental Inspectors in Indonesia

According to Article 74 of EPMA 32/2009,

The environmental Inspector has the
authority to:
1. Conduct environmental monitoring;
2. Ask for information;
3. Make copy of relevant documents;
4. Enter certain places;
5. Take photographs;
6. Make audio‐video recording;
7. Take environmental samples;
8. Inspect equipments;
9. Inspect installations and/or
transportation equipments, and/or
10. Stop certain environmental violations
 Some On-the-Ground Challenges in
Environmnetal Monitoring
1. Improving the Quality of EIA so as to Enhance:
a. the Effectivess of EMP Implementation; and
b. Environmental Monitoring & Compliance;
2. The Integrated System: Key for An Effective EIA
Implementation Monitoring;
3. Improving the Capacity and Optimizing the Resources for
Monitoring the EIA Implementation
4. Strengthen Administrative and Penal Sanctions under EPMA
32/2009;
5. Strengthen Public Participation and Information Disclosure
in Monitoring the EIA Implementation
 Improving the Quality of EIA, Enhancing the Effectivess of EMP
Implementation and Environmental Compliance
Planning Stage: Pre- Operation & Post-
Construction
FS or DED Construction Maintenance Operation

Quality of EIA Document: Quality of Implementation of Environmental

1. TOR Management and Monitoring Plan
2. EIS by the PROJECT PROPONENT
3. EMP (Environmental
Management and
Monitoring Plan) Quality of EIA Implementation
Monitoring & Environmental
Compliance by the Central and Local
Governments

How to Improve the Enhance the

Quality of EMP: Efffectiveness of Improve
1. Detail; EIA/EMP sustainability of
2. Operational; Implementation the approved
3. Site‐specific; and Environmental project
4. Enforceable Compliance
The Integrated System: Key for An Effective EIA
Implementation Monitoring (1)
1 2
EA for EIA Environmental
Waste Permit
Waste
Water Water
Discharge Discharge
EA for Land Land
Permit Permit
Application Application
(River and (River and
Permit Permit
Marine) Marine)
Next slide

EA for Dumping Permit Dumping Permit

EA for other EPM Permits other EPM Permits

Integrate Environment Integrate EPM Permits into

Assessments for EPM Permits Environmental Permit
into EIA (Just one Permit)
 The Integrated System: Key for Effective EIA
Implementation Monitoring (2)
3 4
Implementation Reports of: Environmental Monitoring and
Environmental Compliance for:
Waste Permit
Water EPM Permits: Environmental
Discharge Permit
Permit Land
(River and Application 1. Waste water
Marine) Permit discharge; PROPER
From
Previous 2. Land (The
slide Applications; Corporate
Dumping Permit Performance
3. Dumping;
Rating
4. others Program)
other EPM Permits

An Integrated Environmental An Integrated Environmental

Permit Implementation Report Monitoring and Environmental
(Just one Report for All) and On‐
line Reporting Systems Compliance Systems
Improving the Capacity and Optimizing the Resources
The Capacity Required:
Environmental Environment/ 1. The Laws & Regulations;
Approved Impacts Ecosystem 2. Technical & scientific
Project Competencies;
3. Management Competencies

1 2 3
Implementation of EIA Implementation Improve
Envinmental Impact Monitoring & sustainability
Assessment Envitonmental
of the
(EP & EPM Pemits Compliance
(THE PROJECT Inspection approved
PROPONENT) (THE GOVERNMENT) project

1. Qualified HSE Manager; 1. Certified Environmental Compliance Inspector

2. Certified Environmental 2. Certified Environmental Monitoring Personal ;
Pollution Control Managers;
3. Accredited Environmental Lab;
3. Accredited Environmental Lab;
4. Environmental Technologies;;
4. Environmental Technologies;
5. Budget (Financial Resources): 5. Budget (Financial Resources): Cost‐Center  Profit
Cost‐Center  Profit Center; Center (protecting the Environmental Assests);
6. Effective Networking. 6. Effective Networking;
Strengthen Administrative and Penal Sanctions under EPMA 32/2009
Article 98‐100 of EPMA 32/2009:
Article 111 of EPMA
Violating environmental pollution standard and
32/2009:
(1) Officials: granting envirommental degradation criteria  Imprisonment and fine
environmental
permit without
AMDAL:
Imprisonment and
fine
(2) Officials granting
business and/or
activity permit
without
environmental
permit:
Imprisonment and
fine

Article 71 of GR 27/2012:
Article 109 of EPMA 32/2009: Without Administrative Sanction for Environmental Permit
Holders do not:
having an environmental permit: a. Comply with the Environmental Permit and
Imprisonment & Fine EMP Permit;
b. submit the report
 Strengthen Public Participation and Information
Disclosure in Monitoring the EIA Implementation
Minister of Environment, Assign Environmental Inspectors
to follow‐up and verify
Governor Community’s complaint &
Regent/Mayor Information
(in accordance with their authority)

Public (Local
Communities)

1. Access to :information,
participation, and justice in Environmental Inspectors
the fullfilment of the right to in Indonesia
good and healthy
environment
2. Make a complaint of alleged
environmental pollution and
degradation;
3. Social supervision; Obligation to provide information
4. Suggestion,opinions, inputs, related to environmental protection
objection and complaint; Project Proponent:
and management truthfully,
5. Provision of information and
Implementation of accurately, transparently and
/or report Environmental Permit & punctually
EPM Permits
 Thank You
For Further Information, Please Contact:

Ministry of Environment and Forestry ‐ Indonesia

Directorate General for Forestry and Environmental Planning
Directorate for Environmental Impact Prevention of Business and Activity

Jl. D.I. Panjaitan Kab. 24 Kebon Nanas Jakarta Timur 13410

Building A Floor 6, Telp/Fax: 021‐85904925
http://www.menlh.go.id/ and http://www.dadu‐online.com