Achmad Shiva’ul Haq
Asjach
Scholar ID, Sinta ID, Scopus ID, WoS
ID
National development, which continues
to progress, brings consequences in the form of increased pressure on the
environment and social conditions of society. Development activities that are
not properly controlled may lead to pollution, environmental degradation,
social conflicts, and a decline in the quality of life. Therefore, the state
has established various environmental legal instruments as preventive measures
to ensure that development proceeds in harmony with the principles of
environmental protection and sustainable development.
Within the Indonesian environmental
law system, these instruments are implemented through the Strategic
Environmental Assessment (Kajian Lingkungan Hidup Strategis/SEA), environmental
approval in the form of Environmental Impact Assessment (Analisis Mengenai
Dampak Lingkungan/AMDAL), Environmental Management and Monitoring Efforts
(Upaya Pengelolaan Lingkungan dan Upaya Pemantauan Lingkungan/UKL-UPL), and
Environmental Management Commitment Statement (Surat Pernyataan Kesanggupan
Pengelolaan dan Pemantauan Lingkungan Hidup/SPPL).
The regulation of these instruments
is primarily stipulated in Law Number 32 of 2009 concerning Environmental
Protection and Management, as amended by Law Number 6 of 2023 on the Enactment
of the Job Creation Perppu. The existence of these instruments demonstrates
that Indonesian environmental law emphasizes a preventive approach in
controlling the environmental impacts of development activities.
The Strategic Environmental
Assessment (SEA) is a strategic instrument aimed at ensuring that the principle
of sustainable development is integrated into the formulation of development
policies, plans, and programs. The SEA does not only focus on environmental
aspects but also considers social dimensions and ecological sustainability in a
comprehensive manner. In practice, the SEA process begins with the
identification of policies, plans, or programs that are likely to have
environmental impacts. This is followed by an assessment of the implications of
such policies on environmental carrying capacity and load capacity, social
conditions of the community, and potential ecological risks that may arise.
If potential negative impacts are
identified, policy refinement alternatives are then developed to ensure greater
conformity with the principles of sustainable development. The results of this
assessment are subsequently formulated into recommendations that serve as a
basis for the government in determining development policies. In its
preparation process, the SEA also emphasizes the importance of public
participation, academics, and other stakeholders as an implementation of the
principles of openness and environmental democracy (Hardjasoemantri, 2005).
In addition to SEA, the Indonesian
environmental law system also recognizes environmental approval instruments
consisting of Environmental Impact Assessment (EIA/AMDAL), Environmental
Management and Monitoring Efforts (UKL-UPL), and Environmental Management
Commitment Statement (SPPL). Environmental approval essentially serves as a
fundamental requirement that must be fulfilled before a business activity
obtains operational licensing from the government. This instrument aims to
prevent environmental damage from the early planning stage of business
activities.
The Environmental Impact Assessment
(AMDAL) is a study of the significant impacts of a business or activity on the
environment. AMDAL is mandatory for activities that have the potential for
substantial environmental impacts, such as large-scale industrial development,
mining, power plants, and major infrastructure projects. The AMDAL preparation
procedure begins with a screening process to determine whether a proposed
activity is required to conduct an AMDAL. Afterward, the project initiator is
required to announce the planned activity to the public in order to obtain
input and feedback from stakeholders.
The next stage is the preparation of
the Terms of Reference for the Environmental Impact Assessment (KA-ANDAL),
which defines the scope of the environmental impact study. This is followed by
the preparation of the ANDAL document, the Environmental Management Plan (RKL),
and the Environmental Monitoring Plan (RPL). Once the documents are completed,
an environmental feasibility test is conducted by an assessment team involving
the government, experts, and community representatives. If declared feasible, the
government issues environmental approval as the basis for granting a business
license (Rahmadi, 2015).
In contrast to AMDAL, the UKL-UPL is
designated for business activities that do not have major and significant
environmental impacts, but still exert certain environmental influences. The
procedure is simpler, as business actors are only required to prepare
environmental management and monitoring documents in accordance with the
characteristics of their activities. After administrative and substantive
review by the relevant authorities, the government may issue environmental
approval for such activities.
Meanwhile, the SPPL is intended for
micro and small-scale enterprises with relatively minimal environmental
impacts. Under this mechanism, business actors are only required to submit a
statement of willingness to carry out environmental management and monitoring.
Although simplified, the SPPL still plays an important role as a legal
commitment by business actors to environmental protection.
Although the regulation of
environmental approval in Indonesia is relatively comprehensive, the author
argues that there are still various weaknesses in both normative and
implementation aspects. One of the main criticisms is the reduction of public
participation in the AMDAL process following regulatory changes under Law
Number 6 of 2023 concerning the Stipulation of the Job Creation Perppu. In the
previous regulatory framework, affected communities had broader opportunities
to submit objections to proposed projects. However, under the amended
regulation, public participation is considered to have become more limited,
potentially weakening the principle of environmental democracy.
In addition, in practice, AMDAL is
often treated merely as an administrative formality for obtaining business
permits. Many AMDAL documents appear theoretically sound but do not accurately
reflect real conditions in the field. This situation arises due to potential
conflicts of interest between project proponents and AMDAL consultants, who are
often funded by the project developers. As a result, the independence of
environmental assessments is frequently called into question.
Another weakness lies in the aspects
of monitoring and law enforcement. In many cases, companies that have obtained
environmental approval fail to implement their environmental management and
monitoring obligations as stated in the RKL-RPL documents. However,
administrative and criminal sanctions are often not applied effectively. This
condition indicates that the main issue in Indonesian environmental law is not
only related to regulation, but also to weak implementation and enforcement
mechanisms.
On the other hand, the Strategic
Environmental Assessment (SEA/ KLHS) as a strategic instrument has not yet been
fully used as the primary basis for development policy formulation. In
practice, KLHS is often treated merely as an administrative supporting document
without significantly influencing the direction of regional or national
development. This indicates that the economic development paradigm remains more
dominant than environmental protection.
According to the author, reform of
environmental approval regulations should be directed toward strengthening
public participation, improving the independence of AMDAL assessments, and
enhancing post-permit environmental monitoring. The government also needs to
strengthen environmental information transparency through digitalization of
documents so that the public can access and supervise the licensing process
more openly.
In addition, the principle of
sustainable development must be genuinely established as the main foundation in
national investment and development policies, so that economic interests do not
compromise environmental sustainability and the rights of future generations.
Thus, KLHS, AMDAL, UKL-UPL, and SPPL
are important instruments within the Indonesian environmental law system that
function to prevent environmental degradation caused by development activities.
However, the effectiveness of these instruments is highly dependent on the
state’s commitment to enforcing environmental law consistently, transparently,
and with ecological justice.
References
Hardjasoemantri, K. (2005). Hukum
tata lingkungan. Yogyakarta: Gadjah Mada University Press.
Keraf, A. S. (2010). Etika
lingkungan hidup. Jakarta: Kompas.
Rahmadi, T. (2015). Hukum
lingkungan di Indonesia. Jakarta: Rajawali Pers.
Soemarwoto, O. (2004). Ekologi,
lingkungan hidup dan pembangunan. Jakarta: Djambatan.
Law Number 32 of 2009 concerning
Environmental Protection and Management.
Law Number 6 of 2023 concerning the
Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job
Creation as Law.
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