Draft bylaw seeks to punish polluters
Bambang Nurbianto The Jakarta Post/Jakarta
The Jakarta administration has submitted to the City Council a draft of a bylaw that seeks to reduce air pollution in the capital.
The draft is a welcome development for some 10 million Jakartans, who have to put up with unhealthy air virtually the whole year.
According to the City Environmental Management Agency (BPLHD), Jakarta's air was clean for only 51 days in 2003 -- meaning for 314 days the residents were breathing air hazardous to health.
BPLHD's data reflected studies conducted by the Clean Emission Partner in 2002 that concluded that air pollution in the city had cost Jakartan some Rp 1.8 trillion (US$200 million) in health costs and is set to increase to Rp 4.3 trillion in 2015 if the government fails to take the necessary measures to mitigate the pollution.
Experts have warned that heavy air pollution may cause various health problems including cancer, tuberculosis, poor intellectual development among children, fertility and respiratory problems.
The draft bylaw, scheduled to be endorsed by the City Council in early February, is expected to provide the city administration with a solid legal basis to control activities -- both individual and institutional -- that emit hazardous substances into Jakarta's air.
Article 6 (1) of the bylaw requires businesses or activities conducted by individuals or institutions to abide by prevailing standards for emissions, noise and odorous substances.
It also states that emissions, noise and odors may come from either static or mobile sources.
Article 6 (2) stipulates that any business or activity that may produce or sell goods that have the potential to emit harmful emissions and/or disturb ambient or indoor air are required to meet fuel standards and/or other specifications.
Those who violate the rulings face numerous sanctions.
First, violators face six months imprisonment or a Rp 5 million (US$555.56) fine as stipulated in Article 18.
Second, Article 12 states that violators are required to shoulder the cost of removing the source of pollution and improving air quality, and third, violators are required to compensate other parties that may suffer economic or human losses due to the air pollution.
Article 18 also arms the administration with the authority to close down companies that ignore its warnings.
The draft bylaw, however, has several weaknesses. The immediate criticism of the draft is its lack of detail. Such a weakness, according to a number of non-governmental organizations, will cause problems in its implementation.
The draft bylaw, for example, does not comprehensively rule how to address problems on vehicular emission, which causes 70 percent of the air pollution in urban areas like Jakarta.
It does not explicitly require automotive vehicles to undergo emission tests although BPLHD head Kosasih Wirahadikusumah acknowledges that it will be the only legal basis to force private vehicle owners to meet emission standards.
Another weakness is that the draft cannot be immediately applied because its implementation must await a number of gubernatorial decrees to support the draft bylaw.
The governor, among others, needs to issue decrees on emission standards, technical guidance for improving air quality, compensation for those affected by air pollution, and administrative sanctions for violators.
Therefore, the city councillors need to consult various sectors in society, including those concerned with clean air campaigns, before they pass the draft into law.
Otherwise, Jakartans will be unable to enjoy clean and fresh air because the city administration will not be able to force air polluters to stop their activities and Jakarta's air will still be among the dirtiest in the world.