Going green

Imperfections notwithstanding, the new environment law, which the House of Representatives passed Friday, is a welcome improvement on the current one, which dates from 1982. While the present law provides for penalties of a maximum of 10 years in prison and/or a Rp 100 million fine for offenders, the new legislation makes it possible for the state to penalize violators with sentences of up to 15 years in prison and/or a maximum fine of Rp 750 million. The new law also allows the state to seize the assets or close down the activities of those found guilty of causing environmental damage.

One of the most significant features of the new law, according to State Minister of Environment Sarwono Kusumaatmadja, is that it explicitly holds people in charge of industrial or construction projects responsible for any damage done to the environment because of their activities.

Moreover, the minister said, since successful environmental management depends to a large extent on public participation, environmental organizations as well as the general public are given the right to file lawsuits to protect the environment. No doubt, this is welcome news for those who have feared the new law would deny nongovernmental organizations, which have so far been most active, a role in protecting the environment.

To say all this is certainly not to belittle either the old law's significance or the work that has been done under the previous minister of environment, Emil Salim. It was under his leadership that a true public awareness of the importance of environmental protection began to emerge. And as for the old law, it was considered quite progressive for its time. The question is, why has success been so limited.

The answer can be found in Minister Sarwono's remark that despite the stronger measures provided by the new legislation, enforcement is still the key to preventing environmental degradation. Lax enforcement of the law has been a frequent complaint, expressed by officials and concerned citizens alike. In some cases in the past, even court verdicts seemed ineffective in forcing violators to abide by the law. More often, judges tended to be lenient in their verdicts.

Yet despite the stronger legislation, another deficiency besides enforcement needs to be corrected. If highly educated people such as judges still lack sufficient awareness of the importance of environmental protection, what can one expect of the average man in the street? It is sad but probably true that, at present, the only people who fully recognize the urgency of the problem are those whose lives are directly affected by environmental damage. Therefore, a greater awareness among the general public needs to be aroused.

Fifteen years have passed since the old law came into being. During those years, the industrialization process has continued at a considerable pace. That pace is certain to increase in the coming years as the nation continues to pursue its national development goals. Further environmental degradation is certain to occur unless timely steps are taken to stem the tide of destruction.

The new law, which now awaits presidential endorsement, is a welcome step in that direction, although a wider approach, which should include an extensive public education program, is needed if success is to be assured. The best time to act is now, while the damage is still manageable.