Act concerning Basic Provisions for the Management of the Living Environment (Act No. 4 of 1982)

ACT OF THE REPUBLIC OF INDONESIA NO. 4 OF 1982 CONCERNING BASIC PROVISION FOR THE MANAGEMENT OF THE LIVING ENVIRONMENT*) WITH THE BLESSING OF GOD THE ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF INDONESIA Considering: a. that the living environment which is bestowed by God the Almighty upon the people of indonesian constitutes the living space of the Indonesaan people in all aspects and dimnention in accordance with the Wawasan Nusantra (Arcchipelagic Conceps) b. that the efective use of natural recources for the advancement of general welfare as stipulated in the constitution of 1945 and the aataitment of happiness based upon Pancasila , it is necessary to sustain the cability of the harmounius and balanceed by means of an integrated and comprhensive natioanal policy with due consideration of the needs of present and future generations; c. that a pocy of protecting and developing the living environment in relation to life among nation is in accordance and compatible with the growing awarness of mankind's living environment; d. that for the management of the living environment which is based on an integrated and comprehensive national policy ,it is necssary to enact legislation containing basic provition as the basis for the managemnt of the living environment. Recalling: 1.Artcle 5 Paragraf (1) ,article 20 Paragraph (1) and article 33 of the 1945; 2.The Decree of the People's consulativ assebly No.IV/MPR/ conserning the Guidliness of state Policy With the aproval of the House of Reprsentatives of the Republic of Indonesia DECIDES To enact : ACT ON BASIC PROVITION FOR THE MANAGEMENT OF THE LIVING ENVIRONMENT SECTION I GENERAL PROVISIONS 2 Article 1 As defined this act: 1.The living Environment is the spataial entity with all object potencial conditition and living environmrnt, including man and behavioir which in fluece the continuane of the life and welfare of and other living organissms. 2.The management of the living environment is an integrated effort in the utilization ,regulation, conservation ,wsupervision control restoration and development of living environment. 3.An ecosystem is the comprehensif total systemall interctig elements of the living environment. 4.carrying capacity of the environment is the capacity of ythe environmnet to support human life and that of other living organisms 5.Recources are elemens of the living environment consisting of human recources organic natural recources inorganic natutral recources and man made recources 6.An environment quality stabdars is the limit or standar for living organism, matter energy or necessary component and/or polutians the existance of which is toleranted in certan recources as element if the living environment. 7.Environment pollution is the entry or introduction of living organism, matter energy and/or other components into yhr environment, and /or change I the environmentl systeem due to man's activities or natural processes resulting in the decline to fungsion insuffciently or to its proper functions, 8.Environment damage is an action which directly or indirecttly effects the physicsl and/or organic characteristiscs of the environment which causes the environmnt to function insuffiently or the lose its proper function in suporting continued development. 9.Environmental impacts is a change in he enviroment caucaed by an activyty. 10.An aanlysis of environmental impact is a study of the impact of a planned activity on the living environment needed for decision -making process. 11.Cconservation of natural recources is the mangemnt of natural recources which ensures their continued supply by constantly maintaaing and improving their value and varity. 12.A self-relient community institutin is an organizatin which develops in a self-reliant manner on the basis of its own initiative and desire wthin the community and is concerned with and active in the field of the living environment. 13.Development with wnvironmnetal consideration is a conscious and planned endeavour to utillize of live. 14.Minister is the Mnister whose duty is the managemnt of the living environment. Article 2 The Indonesian living environment, based upon the Archipelagic concept, encompases the space where the Republic of Indonesia holds sovereighty ant exerciss sovereign right and jurisdiction. SECTION II PRINCIPLES AND OBJECTIVES Article 3 The Management of living environment is based upon sustenace of the capbility of the harmounious and balanced encironmnet to supoort contiued development for the improvement of human wlfare. 3 Article 4 The Objectives of the management of the living environment are; a. to achieve harmonious relation between man and the living environmnet as an objective of the development of the Indonesian individual in his totality; b. to control wisely the utilization of natural recources; c. to develop the Indonesian individualas a propenent of the living environment; d. toimplement deveopment with enviromnmntal consideration for the interest of present and future generations; e. to protect the ntion aganits the impact of activities outside the state's territory which causes encironmnetal damage and pollutio SECTION III RIGHT, OBLIGATION AND AUTHORITIES Article 5 1.Every person has the right to a good and healty living environment. 2.Every person has the obligattion to maintain the living envirommnret and to prevent and abate environmrntal damage and pollution. Article 6 1.Every person has the right and obligation to parcipate in the management of the livig environmnet 2.The participation as stated in Paragraph (1) of this Article shall be estabisshed by legislation Article 7 1.Every person engaged in an enteprise has the obligation to maintain the sustenance of the capability of the harmonious an balanceed living environment to dupport continued development. 2.The obligation as stated in Paragraph (1) alof this Article shalll be estabilished by legislation. Article 8 1.The Goverment shall estabish policies and take measures designed to encorage promotin of the effort to sustain the capability of the living enviromnet to support contined development. 2.The Goverment policies and measures as stated in Paragrapah (1) of this Article shall be estabilished by legislation Article 9 The Goverment has the obligation to cultivate and develop the public's wareness of its responsibility in the management of the environment by means if information guidance education and research in the field of the living environmnet. 4 Article 10 1.Natural recources are controlled by the state and utilized for the maximum welfare of the people 2.The Utilization of man-made recources which effect the livelihood of the gneral public shall be regulated by the state for the maximum welfare of the people 3.The Right to control and regulate by the state , as stated in Paragraph (1) and Paragraph (2) of this Article gives authority to; regulate the allocation development use reuse recycling provition , manangement and supervition of recources as stated in Paagraph (1) and Paragraph (2) of this Article; regulate legal action action and legal relation persons and/or other legal subject pertaing to recources as stated in Paragraph (1) and of this Article; regulate environmnetal taxes and retribution. 4.Futher provisions pertaining to Paragraph (3) of this Article shall be estabilished by legislation. SECTION IV PROTECTION OF THE LIVING ENVIRONMENT Article 11 Provisions on the Protection of inorganic natural recources shall be estabilished by an act. Article 12 Provisions on the consevation of organic natural recources and its ecosystem sahll be estabilished by an act. Aricle 13 Provisions on the protection of man-made recources shall be estabilished by an act Article 14 Provisions on the protection of culture heritage shall be estabilished by an act. Article 15 The protection of the living environmnet shall be based on environmnetal quality standars estabilished by legislation Article 16 Every plan which is considered likely to have a signiticant impact on the environmnet must be accompanied with an analysis of environmnetal impact. Carried out according to goverment regulations Article 17 Provision on the overall and sectoral prevention and abatement of damage and pollution of the living environmnet and its control shall be establish by legislation. 5 SECTION V INSTITUTIONS Article 18 1.The Management of the living environment on the national level shall be carried out in the integrated manner by means of institusion mechanism headed by a minister and estabilised by legislation. 2.The Management of the living in rlation to the integrated implementation of the natioanal policy pertaining to the management of the living environmnet be carried out sector out- wise by departemnt and non-departement institution in accordance with their respective function and responsibilities. 3.The management of he living environmnet in relation to the untegrated implementation of the natioanal policy pertaning to the management of the living environmnet shall be carried out on the regional level by Regional goverments in accordinance with the exixting legislation. Article 19 Self-reliant community institution sahll perform a supporting role in the management of the living environmnet. SECTION VI COMPENSATION AND RESTORATION Article 20 1.Whosoever damage and/or pluutes the living environment is liable for payament of compensation to victims whose rights to a good and helaty living environment have been violated 2.Procedures for the submission of complaints by victims, procedures for the investigation by a team type kind and extent of damages, and procedures for seeking compensation shall be establish by legislation. 3.Whosoever damages and/or polutes the living environmnet is liable for paymnet to the state of the costs of the restotation of the living environmnet shall be estabilished by legislation. 4.Procedures for the determination and payment of the costs of the restoration of the living environmnet shall be estabilished by legialation. Article 21 In certain activities pertaining to specific kinds of recources strict liablity rest on those causing the damage and/or poolution which shall be stipulated in relevant legislation. SECTION VII PENALTIES Article 22 6 1.Whosoever intentionaly does and action which causes damage or pullution of the living environmnet under the provisions of this and other act shall be lialble to punishment of imprisonmnet to maximum 10 yearsand/or a fine to a maximum of Rp. 100.000.000.00 2.Whosoever through negligence does an action which cuses damage or poooution of the living environmnet under the provisions of thhis and other acts shall be liable to punishment to a maximum of one year and/or a fine to a maximum of Rp. 1.000.000.00 3.Action as stated in Paragraph (1) of this Article constitute a crime and Action stated in Paragraph (2) of this Article constitute amisdemeanor SECTION VIII TRANSACTIONAL PROVISIONS Article 23 At the time act takes effect alll other regulations pertaining to the living environmnet shal remain in effect. Insofar as they do not confflict with this act. SECTION IX CONCLUDING PROVISIONS Article 24 This act takes effect as of the date of its promulgation In orther that the public be informed thre of it is hreby ordered that this act be promulgated by publication in the state gazzete of the Republic Of Indonesia. Done in Jakarta On March 11.1982 THE PRESIDENT OF THE REPUBLIC OF INDONESIA ttd S O E H A R T O Promulgated in Jakarta on March 11,1982 THE MINISTERY/STATE SECRETARY OF THE REPUBLIC OF INDONESIA SUDHARMONO, SH.