Draft bylaw seeks to punish polluters

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.