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)