Govt seeks environment audit power
Govt seeks environment audit power
JAKARTA (JP): The government has drafted a bill which seeks to
empower it to order companies to carry out environmental audits,
State Minister of Environment Sarwono Kusumaatmadja said
yesterday.
Under the bill containing amendments to the 1982 Environmental
Law, auditing can become compulsory instead of voluntary.
"It (the new law) will give the government a tool to clobber
entrepreneurs who refuse to comply," Sarwono told reporters after
the first reading of the bill in a plenary session of the House
of Representatives.
The bill, submitted on Jan. 29, does not stipulate the kind of
enterprises that will be required to conduct environmental
audits, leaving that decision to the government.
At least two large American joint ventures, the oil company PT
Caltex Pacific Indonesia and the gold and copper mining firm PT
Freeport Indonesia, have voluntarily completed environmental
audits.
The bill strengthens the penalties on those destroying 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.
Sarwono has repeatedly complained that the 1982 law has not
been fully implemented by law enforcers and that judges have
tended to be lenient on defendants in environmental cases.
He told the House yesterday that a tighter law was needed to
give the state the necessary legal instruments to meet the
environmental challenges of the 21st century.
Another major addition in the bill, according to Sarwono, is a
clause allowing environmental organizations to sue enterprises
for environmental offenses, for the environment's sake but not
for making claim compensation.
Compensation claims can only be made by those who have been
affected by breaches of the environmental law.
The Indonesian Forum for the Environment (Walhi), the
country's leading green campaigner, was not impressed with the
bill, calling it a step backward from the 1982 law.
In a statement, Walhi said the bill sought to "castrate"
people's participation in the management and supervision of the
environment, which was guaranteed under the current law.
The bill recognizes a role for the public but adds a clause
saying that their participation is subject to "prevailing laws".
Walhi said this clause, while formalizing the public's role,
was likely to restrict people's participation which was against
Article 28 of the Constitution on freedom of expression.
The bill deletes an article in the 1982 law that recognizes
non-governmental organizations' (NGOs) participation in
environmental management, Walhi noted.
Many NGOs, which have helped preserve the environment, could
lose their legitimacy, it said. (aan)
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