New bill gets tough on polluters<\/p>\n
JAKARTA (JP): The House of Representatives passed a new
\nenvironment bill yesterday which imposes stiffer penalties on
\npolluters, with a maximum 15 years jail and a Rp 750 million
\n(US$278,000) fine.<\/p>\n
The bill also allows the government to seize the assets or
\nclose down activities of those convicted of polluting or damaging
\nthe environment.<\/p>\n
The bill now awaits President Soeharto's endorsement before it
\ncan be enacted.<\/p>\n
It replaces law No. 4\/1982 which allows for a maximum 10 years
\njail and a Rp 100 million fine.<\/p>\n
State Minister of Environment Sarwono Kusumaatmadja said at
\nthe House of Representatives building yesterday that the bill had
\nundergone substantial changes in order to be passed.<\/p>\n
The bill has 11 chapters containing 52 articles and was first
\nsubmitted to the House in January.<\/p>\n
It is the first of eight bills set to be passed by the House
\nbefore the end of its term next month.<\/p>\n
One of the most significant features of the new environment
\nbill is that it explicitly holds the people in charge of projects
\nresponsible for any of their activities that damage the
\nenvironment.<\/p>\n
"Projects or activities which use toxic materials, and or
\nproduce hazardous and toxic waste must pay directly should there
\nbe pollution," Sarwono said.<\/p>\n
Sarwono said unless the subject could prove the environmental
\ndamage was caused by natural disaster, war, or a third party,
\nthey were liable for punishment.<\/p>\n
Enforcement<\/p>\n
Despite the stronger legislation, Sarwono noted that
\nenforcement was a key element in avoiding environmental
\ndegradation.<\/p>\n
He has repeatedly complained that law enforcers did not
\nenforce the previous bill properly and that judges tended to be
\nlenient on those accused of damaging the environment.<\/p>\n
He underlined the role of law enforcers in supervising the
\nenvironmental protection and expressed hope that the new bill
\nwill facilitate this safeguard.<\/p>\n
"The bill will enable the police as well as government
\ninvestigators to investigate alleged environmental polluting," he
\nsaid.<\/p>\n
The bill also gives the public a greater role in protecting
\nthe environment.<\/p>\n
"Knowing that the successful management of our environment
\nalso relies on public participation; environmental organizations
\nand even the general public are given the right to file a lawsuit
\nfor the sake of the environment," he said.<\/p>\n
The new bill defines environmental organizations quite broadly
\nand includes non-governmental organizations and tribal community
\ngroups, as long as their organizational statutes stipulate an
\nenvironmental commitment.<\/p>\n
But the bill stipulates that plaintiffs can only demand the
\ncourt make rulings ordering someone to take measures related to
\npreserving the environment.<\/p>\n
The court could either rule that someone has violated other
\npeople's rights by polluting or damaging the environment or could
\norder someone to set up a pollution management unit to take
\naction.<\/p>\n
Sarwono said environmental cases could be brought to court or
\nresolved in out-of-court settlements<\/p>\n
Indonesian Democratic Party representatives in their
\nendorsement of the bill told the House that "with stronger
\nlegislation, it is hoped the government will not be reluctant to
\nenforce it, while on the other hand the public will be willing to
\naccept and comply with it". (aan)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/new-bill-gets-tough-on-polluters-1447893297",
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