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greater public interest at stake," Sarwono said of the bill submitted by the government earlier this year to amend the outdated No. 14/1982 Environment Law.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)