The Fate Of The Environment In The Omnibus Law RUU Cilaka

JAKARTA - The government has submitted a draft and presidential letter (Surpres) of the Omnibus Law on the Job Creation Bill. However, in the draft submitted to the DPR, the government removed articles related to environmental permits as a condition for obtaining a business license.

In the draft Job Creation Bill, Article 40 was deleted. "The provisions of Article 40 are deleted," reads Article 23 point 19 of the Job Creation Bill. We have confirmed the draft received by the draft that was submitted to the Legislation Body (Baleg) of the DPR RI.

Deputy Chairman of Baleg Willy Aditya confirmed that the draft was the same. "Yes, this (draft) has been submitted," said Willy, to VOI in Jakarta, Friday, February 14.

As is known, environmental permits are currently regulated in Article 40 paragraph (1) of Law Number 32 of 2009 concerning Environmental Protection and Management.

In this rule it is clearly written, an environmental permit is a requirement for obtaining a business or activity permit. Here is the sound of the article:

Art 40

(1) An environmental permit is a requirement for obtaining a business and / or activity license.

(2) In the event that the environmental permit is revoked, the business and / or activity license is canceled.

(3) In the event that the business and / or activity changes, the person in charge of the business and / or activity is obliged to renew the environmental permit.

Not only an environmental permit. The Omnibus Law on Cipta Kerja has also changed a number of definitions. One of them is about analysis of environmental impacts or AMDAL. In the Law on Environmental Protection and Management, the definition of Amdal is contained in Article 1 number 11.

In addition, this bill also changes the definition contained in number 12 related to monitoring and number 35 related to environmental permits. In Law Number 32 Year 2009 it is written:

11. Analysis of environmental impacts, hereinafter referred to as Amdal, is a study of the significant impacts of a planned business and / or activity on the environment which is required for the decision-making process regarding the conduct of a business and / or activity.

12. Environmental management efforts and environmental monitoring efforts, hereinafter referred to as UKL-UPL, are the management and monitoring of businesses and / or activities that do not have a significant impact on the environment which are required for the decision-making process regarding the conduct of a business and / or activity.

35. An environmental permit is a license that is given to every person who carries out a business and / or activity that is obliged to have an Amdal or UKL-UPL in the framework of environmental protection and management as a prerequisite for obtaining a business and / or activity license.

Following are the changes in the Job Creation Bill:

11. Analysis of environmental impacts, hereinafter referred to as Amdal, is a study of significant impacts on the environment of a business and / or activity which is planned to be used as a consideration for decision making regarding the conduct of a business and / or activity.

12. Environmental management efforts and environmental monitoring efforts, hereinafter referred to as UKL-UPL, are standards in the management and monitoring of businesses and / or activities that do not have a significant impact on the environment.

35. Environmental Approval is a Decree of Environmental Feasibility or Statement of Capability in Environmental Management.

Balancing

Willy said the DPR had received a complete draft of the Work Creation Omnibus Law Bill. Thus, the DPR will immediately schedule a meeting to make a decision on the council organs that will discuss the bill.

To convince all voices from different parties, he hopes that the discussion of the Omnibus Law will be in the Legislation Body so that he can confirm it.

"The process after this, the Bamus DPR as the 'Little DPR' will hold a meeting to determine the tools that will discuss the Omnibus Job Creation. The factions will later make a list of problem inventories," said Willy.

"So, if it is decided to be discussed at the Legislation Body, I will invite all parties to provide notes and input. Including trade unions, environmental organizations, human rights organizations, all of them," added Willy.

Willy invites all parties with an interest in the Job Creation Bill to prepare critical notes and inputs. With this critical note and input from various groups, a complete law product can be produced.

"Everyone can prepare notes of criticism and their input. NasDem will be very open to receiving them to be voiced in the discussion later," said Willy.

"Please all get in touch with members of the NasDem Party faction at the central and regional levels to oversee this. We are very ready to guard your voices. Including the voices of journalists," he continued.

KLHK guarantees environmental aspects

Minister of Environment and Forestry (LHK) Siti Nurbaya Bakar dismissed the issue of eliminating environmental regulations in the Omnibus Law of the Job Creation Bill. Basically, this bill still prioritizes the strength to preserve the environment. In fact, that environmental standard has an executable power that must be implemented.

"Environmental standards have the power to enforce, the power for us to question. And that will be stipulated in a government regulation. So, it is not true to say that the Amdals were removed and others. That's not true. Amdal is permanent," said Siti, at the DPR Building, Parliament Complex, Senayan, Jakarta, Wednesday, February 12.

In this bill, said Siti, the Ministry of Environment and Forestry was assigned to regulate two things. The first is the environmental aspect. Second, about land acquisition. Both of them will still pay attention to environmental aspects.

"Only, the difference is that environmental requirements are not borne by the private sector, but made as a standard (from the government). It is not imposed on the private sector at the beginning. But it becomes a standard. When it becomes a standard and is not met, it (the private sector) is also affected," he explained.

As is known, the draft Omnibus Law on the Job Creation Bill consists of 79 bills, 15 chapters, and 174 articles which are planned to be discussed in the DPR. Later, the discussion will involve seven commissions. Regarding land acquisition, if the current provisions stipulate the minimum area in the form of numbers, then in the omnibus law it is determined based on natural biogeophysical criteria.

So, said Siti, it is hoped that all provinces can develop together. "So, in the past, the figure had to be a percentage. Now, this is now in the form of a proportional percentage according to its natural biogeophysical form. However, the principle becomes simpler, makes it easier for development but still maintains the environment. The details will be disseminated later," he said.