New bill gets tough on polluters

New bill gets tough on polluters

JAKARTA (JP): The House of Representatives passed a new
environment bill yesterday which imposes stiffer penalties on
polluters, with a maximum 15 years jail and a Rp 750 million
(US$278,000) fine.

The bill also allows the government to seize the assets or
close down activities of those convicted of polluting or damaging
the environment.

The bill now awaits President Soeharto's endorsement before it
can be enacted.

It replaces law No. 4/1982 which allows for a maximum 10 years
jail and a Rp 100 million fine.

State Minister of Environment Sarwono Kusumaatmadja said at
the House of Representatives building yesterday that the bill had
undergone substantial changes in order to be passed.

The bill has 11 chapters containing 52 articles and was first
submitted to the House in January.

It is the first of eight bills set to be passed by the House
before the end of its term next month.

One of the most significant features of the new environment
bill is that it explicitly holds the people in charge of projects
responsible for any of their activities that damage the
environment.

"Projects or activities which use toxic materials, and or
produce hazardous and toxic waste must pay directly should there
be pollution," Sarwono said.

Sarwono said unless the subject could prove the environmental
damage was caused by natural disaster, war, or a third party,
they were liable for punishment.

Enforcement

Despite the stronger legislation, Sarwono noted that
enforcement was a key element in avoiding environmental
degradation.

He has repeatedly complained that law enforcers did not
enforce the previous bill properly and that judges tended to be
lenient on those accused of damaging the environment.

He underlined the role of law enforcers in supervising the
environmental protection and expressed hope that the new bill
will facilitate this safeguard.

"The bill will enable the police as well as government
investigators to investigate alleged environmental polluting," he
said.

The bill also gives the public a greater role in protecting
the environment.

"Knowing that the successful management of our environment
also relies on public participation; environmental organizations
and even the general public are given the right to file a lawsuit
for the sake of the environment," he said.

The new bill defines environmental organizations quite broadly
and includes non-governmental organizations and tribal community
groups, as long as their organizational statutes stipulate an
environmental commitment.

But the bill stipulates that plaintiffs can only demand the
court make rulings ordering someone to take measures related to
preserving the environment.

The court could either rule that someone has violated other
people's rights by polluting or damaging the environment or could
order someone to set up a pollution management unit to take
action.

Sarwono said environmental cases could be brought to court or
resolved in out-of-court settlements

Indonesian Democratic Party representatives in their
endorsement of the bill told the House that "with stronger
legislation, it is hoped the government will not be reluctant to
enforce it, while on the other hand the public will be willing to
accept and comply with it". (aan)