Environmental audits to be made compulsory

Environmental audits to be made compulsory

JAKARTA (JP): A new environment bill will empower the
government to order companies to conduct environmental audits,
State Minister of Environment Sarwono Kusumaatmadja says.

The bill, which will be endorsed by the House of
Representatives today, will also enable authorities to use
auditing results to incriminate those alleged of any violations.

"By definition, auditing is voluntary. It's like a medical
checkup. But (the bill, if passed) will give the government the
authority to make it compulsory when there is greater public
interest at stake," Sarwono said of the bill submitted by the
government earlier this year to amend the outdated No. 14/1982
Environment Law.

Sarwono did not say what kind of enterprises would be required
to conduct the environmental audits, but the bill's early draft
said the decision on the issue would be left to the government.

At least two large American joint ventures, oil company PT
Caltex Pacific Indonesia and gold and copper mining firm PT
Freeport Indonesia, have voluntarily completed environmental
audits.

Sarwono said the government would also be able to order
environmental audits if there was no other way to detect the
cause of an environmental problem.

"By nature, environmental audits should be proactive. A good
company should audit itself regularly. Auditing is not an
indication that there is a problem, it could also serve as a
preemptive measure," Sarwono said.

"However, if there is a potential for crime, then government
investigators will cooperate with the National Police to hold an
investigation," he said.

Sarwono has repeatedly complained that the 1982 law has not
been fully enforced and that judges have tended to be lenient on
defendants in environmental cases.

"There had been many unclear legal stipulations in the
previous law, so court judges could easily dismiss a case," he
said, promising that such loopholes would no longer be found in
the new document.

"If a company breaks certain environmental standards, it will
be liable for (them)," he said, adding that the document will
also allow both single and class action lawsuits by the
government or members of the public.

The new document attempts to introduce harsher penalties for
those damaging the environment, setting a maximum jail term of 15
years for offenses that result in death or severe injury, and a
maximum fine of Rp 750 million (US$312,000). The current law
stipulates a maximum jail term of 10 years and a Rp 100 million
fine.

NGOs

Commenting on criticism aired by many non-governmental
organizations (NGOs) that the new bill will eliminate people's
right to participate in environmental management, Sarwono said:
"There has been much progress in the current (bill) compared to
the previous one."

"The public's right to participate will not only be
guaranteed, it will even be stronger, so please don't worry," he
said.

The bill allows the participation of environmental
organizations in the management of the environment, he said.

"Environmental organizations can take the form of NGOs, mass
organizations, professional associations, clubs of nature lovers
and so on as long as they state in their organizational statutes
that they have environmental programs," Sarwono said. (aan)