Strong environmental authority needed<\/p>\n
By Jim Scherer<\/p>\n
JAKARTA (JP): Critics of government efforts at environmental
\nprotection in Indonesia need to look at the legal framework that
\nmakes enforcement actions difficult.<\/p>\n
Recently, Minister of Environment Sarwono Kusumaatmadja
\nannounced the names of companies that were rated black under the
\n\"Proper\" rating system for their failure to meet environmental
\nstandards.<\/p>\n
The immediate and logical reaction is to ask why legal action
\nisn't being taken against these black companies. The answer is
\nthat the environmental impact management agency (Bapedal) has
\nlittle enforcement authority.<\/p>\n
The request to investigate the companies and take corrective
\nactions has been made to the police, the only authority able to
\ndo so.<\/p>\n
A recent article in The Jakarta Post lamented the
\nenvironmental damage being done to the Pulau Seribu group of
\nislands off the coast of Jakarta.<\/p>\n
It pointed out that many ministries and provincial agencies
\nhave differing regulatory responsibilities for these valuable
\necologic resources, but that no agency does anything to stop the
\ndegradation taking place on a daily basis because it is not their
\nprimary responsibility.<\/p>\n
On Jan. 15, in an article appearing in this newspaper,
\nprofessor Otto Sumarwoto criticized the Amdal process which
\ngrants permits to new development and industry projects without
\nproper environmental consideration.<\/p>\n
Professor Otto correctly pointed out that putting
\nenvironmental regulatory responsibility under ministries whose
\nprimary reason for being is development and use of natural
\nresources will always mean the environmental considerations will
\nbe ignored or brushed over.<\/p>\n
Minister Sarwono rightfully pointed out at the opening of a
\nBapedal regional office in Pekanbaru on Jan. 16 that
\nenvironmental problems are mounting due to rapid economic
\ndevelopment here.<\/p>\n
How can the present environment be maintained in the face of
\nsuch growth, polluters and a badly fragmented regulatory system?
\nWhat is needed to force the use good environmental management?
\nWhat is needed to stop the degradation of coral reefs,
\ncoastlines, riverbanks and the quality of life in general?<\/p>\n
There must be one strong environmental authority. The United
\nStates learned in the late 1960s that having many federal
\nagencies and differing state laws was ineffective in preventing
\nenvironmental degradation.<\/p>\n
In 1970 the personnel and authorities of fifteen separate
\nagencies were combined in the U.S. Environmental Protection
\nAgency (EPA), which is now the primary authority for
\ninvestigating, prosecuting, fining, closing down and imprisoning
\nthose who damage the environment.<\/p>\n
The EPA was given authority to be part of all major
\ndevelopment planning to ensure that development projects were
\nfollowing environmental procedures.<\/p>\n
In Indonesia there must be a strong environmental body with
\nthe regulatory authority to issue monetary fines, reject or
\ncancel operating permits, bring criminal actions against willful
\nviolators, and give industry and developers a clear signal that
\nthey must operate in a correct and environmentally sound manner.<\/p>\n
But when the ministries of industry, forestry, mining, and
\ntransportation have the same degree of authority as Bapedal, an
\nagency without full ministerial authority, it is not surprising
\nthat we must depend on the voluntary compliance of industry.<\/p>\n
We don't have to look far to see that everyone does not
\nvoluntarily do the right thing without the threat of punishment.
\nIndonesia cannot rely solely on voluntary compliance to protect
\nthe environment over the next ten years of explosive economic
\ngrowth.<\/p>\n
We are currently assisting Bapedal in amendments to Law No.
\n4\/1982 in order to empower the Ministry of Environment to take
\nstrong action while using other ministries and provincial
\ngovernments as implementing agencies.<\/p>\n
Will these changes be implemented? Only if the voice of the
\npeople is loud, clear and forceful. Shame, losing face,
\nencouraging compliance, negotiation, and strong talk are the
\ncultural tools of today and tomorrow but they need to be backed
\nup by a strong enforceable authority when they don't work.<\/p>\n
The writer is a former regional administrator for the U.S.
\nEnvironmental Protection Agency and is currently team leader for
\nthe Bapedal Legal Mandate, Enforcement and Compliance Project.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/strong-environmental-authority-needed-1447893297",
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