Going green
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.