Tuesday, 27 March 2012


         The Ministry of Environmental Affairs (KLH) spurred on accomplishment of another three Government Regulations (PP) after Release of PP No. 27/2012 on environmental permit. Three PP which were now being spurred on were rules on exploitation of Karst, peatland and garbage. The Ministry of KLH admitted that the effort to speed up finalization of the PP was not easy; because apart from intensive discussions with the related ministries there was often missing link in the process. “This is a great challenge to us. The process of accomplishing one PP alone takes so long. After a series of talks, discussions and stagnation here and there. This is the thing that slows down accomplishment of PP” the Minister of Environmental Affairs Balthasar Kambuaya disclosed to Business News” (19/3).

          Release of PP No. 22/2012 was also related to the Analysis is of Environmental Impact (Amdal). Issuance of Environmental Permit must be backed by Amdal based on in-depth analysis. Amdal was more than just formality by initiator or planner of activities Amdal as required by PP No. 27/2012 was different than stated in the previous PP, i.e. No. 27/1999”. PP of 2012 was replacement of PP 1999. The new PP was more than just analysis, but there were considerations and other requirements including administrative sanctions for violators” Balhatzar remarked.

         PP 27/2012 served as streamlining of Amdal process with duration of appraisal 125 working days including 3 documents. The role and competence of the technical team in evaluating Amdal was also getting stronger. Based on scheme of environmental permit which was stipulation of enforceable TUN with legal consequences over violations as regulated in Law No. 32/2009. This PP No. 27/2012 also changed the mindset of all stakeholders including planning of activities of business players as related to environmental of business players as related to environmental conservation. Now environmental affairs encompassed people’s social economy state and health. In the previous PP (No. 27/1999) violation of Amdal was not subject to punishment. “but in the new PP they were subject to legal and administrative sanctions; administrative sanctions include permanent abolition of permit” Blhatzal said.

       PP was implementation of Law No. 32/2009 which would strengthen safeguarding of the environment. PP could promote environmental feasibility as underlying environmental permit with clear and stringent sanction. “This PP does not paralyze investment but was pro-investment instead, because PP clearly regulated relationship between environmental permit and the process of law enforcement”.

      Responsibilities of Environmental Permit holders was part of the preconditions as written in the letter of permit for environmental protection and management (PPLH Permit) Permit was released at operational level. While environmental permit was given at the stage of planning. The PPLH permit included permit for wastage disposal, utilization of waste for soil application, permit for B3 (poisonous trash) wastage management and permit for disposal of waste to the sea. “All are specified in Article 48 point 2 PP No. 27/2012”.

      The Government was against the impression that there was bureaucracy which made business and investment difficult, because PP No. 27/2012 guaranteed the process of Amdal proper evaluation. It the past the process took 180 days, now only 125 days. The duration of process was exclusive of completing requirements, because as permit was being processed there were often incomplete documents”.

      People’s involvement was an essential matter in the Environmental Permit. Communities of the surrounding areas of projects were often disadvantaged by the stipulations. The people could be the decisive factor in determining business fit and proper state. Normally communities around the project were hopeful for getting employment. Application for environmental permit and release of permit must be announced three times during the planning stage. In the past regulation, business players were obliged to make one announcement i.e. at the stage before setting up of Amdal analysis to Non Governmental Organizations, or the village head might represent the community.

        The firmness of the new regulation was that civil servants (PNS) in the Ministries or Office of the Environmental Affairs were not permitted to scheme up Amdal or Environmental Monitoring Efforts (UKL-UPL) This stipulation was designed as effort to ensure accountability of Amdal or UKL-UPL as pure scientific analysis. PP would dramatically change protection system and management of environment.   

Business News - March 26, 2012     

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