Act No. 4 of 1982 on the basic provisions for the management of the living environment

Act of the Republic of Indonesia No. 4 of 1982 concerning Basic Provisions for the Management of the Living Environment This translation is not a legal document. The Indonesian text is binding. OFFICE OF THE MINISTER OF STATE FOR DEVELOPMENT SUPERVISION AND THE ENVIRONMENT ACT OF lHE REPUBLIC OF INDONESIA NO. 4 OF 1982 CONCERNING BASIC PROVISI<lNS FOR THE MANAGEMENT OF THE LIVING ENVIRONMENT WITH THE BLESSINGS OF GOD THE ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF INDONESIA Considering: a. that the living environment, which is bestowed by God the Al­ mighty upon the people of Indonesia, constitutes the living space of the In­ donesian people, iil all its aspects and dimensions in acc<>rdance with the Wawasan Nusantara (Archipelagic Concept); b. that in the effective use of natural resources for the advancement of general welfare as stipulated in the Constitution of 1945 and the attain­ ment of happiness based upon Panca­ sila, it is necessary to sustain the capability of the harmonious and balanced living environment to support continued development by means of an integrated and comprehensive na­ tional policy with due consideration of the needs of present and future generations; c~ that a policy of protecting and developing . the Hv~g environment in relation to lire among nations is in accordance and compatible with the growing awareness of mankind's living environment; d. that for the management of the U\'.ing environmept, which is based on an integrated ... and comprehensive national policy, it is necessary to enact legislation containing basic provisions as the 'basis for the management of the living environment. Recalling: I. Article 5 Paragraph (1), Ar­ ticle 20 Paragraph (1) and Article 33 of the Constitution of 1945; 2. The Decree of the People's Consultative Assembly No. IV /W'R/ 1918' concerning the Guidelines of State Policy. With the approval of the House of Representatives of the Republic of Indonesia DECIDES to enact: ACT ON BASIC PROVISIONS FOR THE MANAGEMENT OF THE LI­ VING ENVIRONMENT. SECTION I GENERAL PROVISIONS Article 1 As defined under this Act: 1. The living environment is the spatial entity with all objects, poten: tials, conditions an.d living organisms, including man and . his behaviour, which influence th~ continuance of the life and welfare of man and other living organisms. 2. The management of the living environment is an int~grated effort in the utilization, regulation, conserva­ tion, supervision, control, restoration and development of the living environ­ ment. 3. An ecosystem is the compre­ hensive, total system of all interacting elements of the living environment. 4. Carrying capacity of the en­ vironment is the capability of the environment to support human life and that of other living organisms. 5. Resources are elements of the living environment consisting of hu­ man resources, organic natural re­ sources, inorganic natural resources, and man-made resources. 6. An environmental quality standard is the limit or standard for Hving organisms, matters, energy, exist­ ing or necessary components and/ or pollutants, the existence of which is tolerated in certain resources as ele­ ments of the living environment. 7. Environmental pollution is the entry or introduction of living organisms, matters, energy and/ or other components into the environ­ ment, and/ or change in the environ­ mental system due to man's activities or natural processes resulting in the decline of the environmental quality to such a level which causes the environment to function insufficiently or to lose its proper functions. 8. Environmental damage is an action which directly or indirectly affects . the physical and/or organic characteristics of the environment which causes the environment to function insufficiently or to lose its proper functions in supporting contin­ ued development. 9. Environmental impact is a change in the environment caused by an activity. 10. An analysis of environmental impact is a study of the impact of a planned activity on the living environ­ ment needed for decision-making proces~ 11. Conservation of natural resources is the management of natural resources which ensures their wise utilization and, in the case of renew­ able natural resol.!rces, ensures their continued supply by constantly main­ taining and improving their value and variety. 12. A self-reliant community in­ stitution is an organization which de­ velops in a sel(-reliant manner, on the basis of its own initiativ.e and desire, within the community, and is con­ cerned with and active in the field of the living environment. 13. Development with environ­ mental consideration is a conscious and planned endeavour to utilize and manage resources wisely in continued development to improve the quality of life. 14. Minister is the Minister whose duty is the management of the living environment. Article 2 The· Indonesian living environment; based upon the Archipelagic Concept, encompasses the space where the Re­ public of Indonesia holds sovereignty and exercises sovereign rights and jurisdiction. SECTION II PRINCIPLES AND OBJECTIVES Article 3 The management of the living environment is based upon the suste­ nance · of the capability of the harmo­ nious and balanced environment to support continued development for the improvement of human welfare. Article 4 The objectives of the management of the living environment are: a. to achieve harmonious relations between man and the living envi­ ronment as an objective of the development of -the Indonesian in­ dividual in his totality; b. to control wisely the utilization of natural resources; c. to develop the Indonesian individ­ ual as· a proponent of the living environment; d. to· implement development. with environmental considerations for the interest of present and future generations; e. · to protect the nation against the impact of activities outside the State's territory which causes envi­ ronmental damage and pollution. SECTION III RIGHTS, OBLIGATIONS AND AUTHORITIES Article S ( 1) Every person has. the right to a good and healthy hvmg environment. (2) Every · person has the obliga­ tion to maintain the living environment and to prevent and abate environment­ al dama~e and pollution. Article 6 (1) Every pe.rsort · has the right and .obligation. t~ participate in the management of the living environment. (2) The participation as stated in Paragraph (1) of this Article shall be established. by legislation. Article 7 (1) Every person engaged in art enterprise has the obligation to main­ tain the sustenanc;-;;Tihecapabillty ~;{the harn10nious and balanced living environment to support continued de­ velopment. (2) The obligation as stated in Paragraph (1) of this Article shall be entered into every ~Lt license issued by authorized agencies. (3) Provisions governing the obli­ gaticm as referred to in Paragraph (1) and Paragraph (2) of this Article shall be established by legislation. Article 8 ( 1) The Government shall estab. lish policies and take measures de­ signed io encourage promotion of the efforts to sustain the capability of the living environment to support contin­ ued development. (2) The Government policies and measures as stated in Paragraph (1) of this Article shall be established by legislation. Article 9 The Government has the obligation to cultivate and develop the public's awareness of its responsibility in the management of the living environment by means of information, guidance, education and· research in the field of the living environment. Article 10 (1) Natur3:i resources are con­ trolled by the State and utilized for the ~,g!!)~ !ll welfare of the people. (2) The utilization of man-made resources which affect the livelihood of the general 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: a. regulate the allocation, develop­ ment, use, reuse, recycling, provi­ sion, management and supervision of resources as i;tated in Paragraph (I) and Paragraph (2) of this Arti­ cle; b. regulate legal actions and legal re­ lations between persons and/or other legal subjects pertaining to resources as stated in Paragraph (1) and Paragraph (2) of this Article; c. regulate environmental tax~s and retribution. (4) Further provisions pertaining to Paragraph (3) of this Arti~le shall be established by legislation. SECTION IV PROTECTION OF THE LIVING ENVIRONMENT Article 11 Provisions on the protection of inorganic natural resources shall be established . by an act. Articie 12 Provisions on the conservation of organic natural resources and its eco­ system shall be established by an act. Article 13 Provisions on the protection of man~made resources shall be estab­ lished by an act. Article 14 Provisions . on the protection of cultural heritage shall be established by an act. Article 15 The protection of the living envi­ ronment shall be based on environ­ mental quality standards established by legislation. Article 16 Every plan which is considered likely to have a significant impact on the environment must be accompanied with an analysis of environmental im­ pact, carried out according to govern­ ment regulations. Article 17 Provisions on the overall and sec­ toral prevention and abatement of damage and pollution of the living environment and its control shall be established by legislation .. SECTION V INSTITUTIONS Article 18 ( l) The management of the living environment on the national level shall be carried out in the integrated man­ ner -by means of institutional mechan­ ism headed by a Minister and estab­ lished by legislation. (2) The management of the living environment, in relation to the inte­ grated implementation of the national policy pertaining to the management of tlre living environment, shall be carried oU:t sector-wise by departments and non-departmental institutions in accordance with their respective func­ tions and responsibiiities. {3) The management of the living environment, in relation to the inte­ grated implementation of the national policy pertaining to the ',management of the living environment, shall be carried out on the regional level by Regional Governments in accordance with the existing legislation. Article 19 Self-reliant community institutions shall perform a supporting role in the management of the living environment. SECTION ·VI COMPENSATION AND RESTORATION Article 20 (l) Whosoever damages and/or pollutes the living environment is liable for payment of' compensation to victims whose rights to a good and healthy living environment have been violated. (2) Procedures for the submission of complaints by victims, procedures for the investigation by a team of the type, kind, and extent of damages, and procedures for seeking compen­ sation shall be established by legis­ lation. (3) Whosoever damages and/or pollutes the living environment is liable for payment to the State of the costs of the restoration of the living envi­ ronment. (4) Procedures for the determina­ tion and payment of the costs of the restoration of the living environment shall be established by legislation. Article 21 In certain activities pertaining to specific kinds of resources, strict liabil­ ity resJs on those causing the damage and/ or pollution of the living environ­ ment at the time of the occurrence of the damage and/or pollution, which shall be stipulated in relevant legisla­ tion. SECTION VII PENALTIES Article 22 (1) Whosoever intentionally does an action which causes damage or pollution of the living environment under the provisions of this and other acts shall be liable to punishment of imprisonment to a maximum of 10 years and/or a fine to a maximum of Rp. l 00,000,000.00. (2) Whosoever, through negli gence, does an action which causes damage or pollution of the living environment under the provisions of this and other acts shall be liable to punishment of imprisonment to a maximum of one year and/or a fine to a maximum of Rp.1,000,000.00. (3) Actions as stated in Paragraph (1) of this Article constitute a crime and actions stated in Paragraph (2) of this Article constitute a misdemeanor. 5ECTION VIII TRANSITIONAL PROVISIONS Article 23 At the time this Act takes effect, all other regulations pertaining to the living environment shall remain in effect, insofar as they do not conflict with this Act. SECTION IX CONCLUDING PROVISIONS Article 24 This Act takes effect as of the date of its promulgation. In order that the public be lnformed thereof, it is hereby ordered that this Act be promulgated by publication in the State Gazette of the Republic of Indonesia. Done in Jakarta On March 11, 1982 THE PRESIDENT OF THE REPUBLIC OF INDONESIA SOEHARTO Promulgated in Jakarta On March 11, 1982 THE MINISTER/ STATE SECRETARY OF THE REPUBLIC OF INDONESIA SUDHARMONO. S.H. STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 1982 NUMBER 12. ELUCIDATION OF THE ACT OF IBE REPl.JBLIC OF INDON~SIA NO. 4 OF 1982 CONCERNING BASIC PROVISIONS FOR mE MANAGEMENT OF THE LIVING ENVIRONMENT A. GENERAL I. The living environment of Indonesia, which is bestowed by God the Almighty upon the Indonesian nation and people, is a blessing from Him, and its capability must be devel­ oped and sustained so that it can continue to serve as a life source and support for the Indonesian nation and people and other beings for the sake of the continuance and the improve­ . ment of the quality of life itself. Pancasila as the foundation and the philosophy of the State is a whole and complete unity which gives the Indo­ nesian nation and people the convi~­ tion that happiness shall be attained. if it is based upon harmony and balance in the life of man as individuals, in his relationship with his fellowman, in his relationship with nature, in his relationship with God the Almighty, as well as in his pursuit of wordly progress and spiritual contentment. There are interlocking relationships between man, his community and his living environment, which must always be cultivated and developed so that they continue to be in harmonious and dynamic balance. The Constitution of 1945 stipulates that natural re­ sources must be used for the maximum welfare of the people. This welfare must be available to both present and future generations. The Guidelines of State Policy state that development aims not only at bringing about prosperity or spiritual contentment but also at achieving a balance between the two. Therefore, the utilization of natural resources must be in equilibrium with the har­ mony and balance of the living environme.nt. 2. The living environment, in ecological terms, recognizes no areal boundaries, either state or administra­ tive. However, if the living environ­ ment is to be related to itstnahage­ ment, the boundaries of areas of authOrity of management must be clearly defined. The living environment of Indonesia as an areal concept is a legal term. Undet this interpretation, the living environment of Indonesia is none other than the area of the Archip~lago, which lies at the • juncture of two continents and two oceans, with a tropical climate, weather, and seasons providing natural conditions and a strategic position of great value, where the Indonesian nation and people live out their lives as a nation in all its aspects. Therefore, the concept encom passed in t he management of the living environment of Indonesia is the Archi­ pelagic Concept. ~ -, 3,/ The living · environment of Indonesia as an ecosystem consists of a number· of areas, each-·oc~fifoh constitutes 3.i~l)ara t1u.l!.l>syit~;{ com­ prising socio-cultural, economic; and · physical aspects, with -characteristics which vary from one subsystem to another, and with different environ­ mental carrying capacities. Cultivation and development based-------~~---the tonditions of the carrying cap~~ity ;i the·:: e~y~() nment wii"l improve t h·; ~ rmo ~ t. c1n4° ~?!a.ri~:- 9(f4~ J;JJb~s 1.~m~, which also means enhancing the !es!!!~~ce of th~~ ~'!l>.syst~m.§,. At th~ same time the cultivation and develop­ ment of one·-subsystem will affect .ciiliirs: ·wlitdi ·uitiiriaiely wl1fatf~~t the . equilibrium of the entire eco­ system. Therefore, the management of the living environment demands that a system with integratedness as its main characteristic be developed. This means that a national policy of the management of the living environ­ ment is necessary. 4~ Development is a conscious effort to manage and utilise resources for the purpose of improving the quality of life of the people. At the same time natural resources are not unlimited either in quantity or in quality, while the demands for the resources increase, as a result of the increase in the total population and the increase in their needs. Along the same line, the carrying capacity of the environment may be disturbed and the quality of the living environment may decline. The implementationof development as an effort at increasing rates brings with it the risk of polluting and· damaging the environment in such a way that the basic structure and function of the ecosystem as a life support could also be impaired. Condi­ tions of this type are a burden on society, since' ultimately it is the people and the government who will have to bear the burden of restoring the environment. The maintenance of a good and healthy ecosystem is a responsibility which requires the participation of each member of the community in improving the carrying capacity of the environment. Therefore, a \Yi§e. JeJ~l~pille~!~ pmst ~~ .•. ~!,.~q .~£~1}, environmental considerations as a meaiisv•or acrueving contin;ity an<f t~f:J'e~:~~i11g o( prese~~ aici · ['!t~re generatJon~: 5. Consistent with the nature of the State of the Republic of Indonesia as a constitutional state, the develop­ ment of the system of the management of the living environment of Indonesia must be based upon a clear, firm, and comprehensive legal foundation in order to guarantee the legal certainty for the management effort. The legal foundation is based upon the princi ples of environmental law and on the obedience· of everyone to these princi­ ples, all of which are in turn based. upon the Archipelagic Concept. This Act concerning Basic Provisions for the Management of the Living Environment is . of the following characteristics: a. It is simple and yet includes the possibility of development in the future, in accordance with circum­ stances, time and place. b. Jt contains basic provisions as the basis for futher regulations concern­ ing its implementation. c. It encompasses all aspects of the living environment in order to form the basis for further regulations concerning each aspect, which shall be formulated in separate regula-. tions. In addition, this Act will serve as the· basis for the evaluation and adjustment of all legislations containing provisions concerning aspects of the living envi­ ronment heretofore valid, i.e. legis­ lations regarding irrigations, mining and energy, forestry, protection and conservation of nature, industry, set­ tlements, spatial organisations, land use, and so forth. In this way, all the above-mentioned legislations can be included within one system of Indo­ nesian environmental law. B. ARTICLE BY ARTICLE Article 1 The terms formulated in this Article are intended to provide a uniformity of understanding of this Act and its regulations for implementation: 1. Living environment here is a system comprising the organic natural environment, the inorganic natural environment, the man-made environ­ ment, and the social environment, which influences the continuity oflife, and the welfare of man and other living organism. The terms living environment and environment are used with the same meaning. 2. Self-explanatory. 3. Self-explanatory. 4. Self-explanatory. 5. Man-made resources include among others reservoirs, dams, and prime species. 6. Self-explanatory. 7. The pollution of the living env~ronment by natural processes is included in the formulation in view of the fact that its effects must be abated. The abatement is the respon­ sibility of the Government. Environmental components include informati9n. Environmental systems are systems of natural or man-made environment­ al components, 8. Self-explanatory. 9. Impacts can be positive, i.e. in the form of benefits, or negative, i.e. in the form of ris15:s, in relat,ion to the -physical and nort-physical, including socio-cultural, enviz:onment. 10. Self-explanatory. 11. Self-explanatory. 12. The term organisations in­ cludes social groups. B. I9 t!tilize and manage re­ sources wisely means to always consider ilie impact of an activity both. 0 11 the enviro;ment and on the capability of fhe . iesouic~s !() ~U}?j?Q!t continued development. 14. Self-explanatory. Article 2 Self-explanatory. Article 3 The term sustenance contains the meaning of attainment of the capa­ bility of a harmonious and bii.lanced environment and the improvement of that capability. Only in a harmonious and balanced environment can optimal life be achieved. Article 4 To control. wisely the utilization of resources requires that attention be paid to aspects such as economy, effectiveness, efficiency, and recycling. Article 5 Paragraph ( 1) By person is meant an individual person, a group · of persons, or a legal body. Paragraph (2) The obligation of every person as stated in this Paragraph is not separated from his position as a member of the community, which reflects the value of man as an individual and as a social being. Article 6 Paragraph (1) The right and obligation of every person as a member of the community to participate in the management of the living environment include the planning phase as well as the imple­ mentation and the evaluation phases. Through their participation, the mem­ bers of the community will be strongly motivated to overcome the problems of the living environment together and to endeavor to carry out success­ ful management of the living environ­ ment. Paragraph (2) Legislation . as stated in this Article regulates the implementation of the participation as stated inParagraph (1 ). Article 7 Paragraph (1) Self-explanatory. Paragraph (2) With the stipulation of the obligation as one of the requirements for obtain­ ing the license, the person engaged in an enterprise is always required to carry out activities for the sustenance of the capability of the living environ­ ment to support continued develop­ ment. Paragraph (3) Self-explanatory. Article 8 The provisions in this. Article author­ ize the Government to take certain measures, for example in the field of taxation, as an incentive for further improving the maintenance of the environment and as a disincentive for preventing and abating environmental damage and pollution. The policies and actions as stated in this Article can also be aimed at extending recognition to any person who renders outstanding service in the sustenance of the capability of the living environment to support continued development. Article 9 Education to initiate and encourage awareness among the people is carried out both through formal, education, from kindergartert/primary school up to institutions of higher learning and through non-formal education. Re­ search on the living environment includes among others the develop­ ment of the concept of the living environment, studies of the existing environmental conditions, tendencies of natural and man-made environ• mental changes, and the reciprocal link between man's increasing needs and the organic and inorganic environ­ ment. Article 10 Paragraph (1) Self-explanatory. Paragraph (2) Self.explanatory. Paragraph (3) The regulating authority as stated in Paragraph (3) of this Article concerns among others the spatial organization, which is a system of controlling space as a conscious effort to regulate the relationships of various activities and functions for the purpose of achieving environmental harmony and balance. Paragraph (4) Self-explanatory. Article 11. The provisions as stated in this Article include all kinds of inorganic natural resources, such as water~ earth, air, anything extracted from the earth, wilderness areas, geological formations, or beautiful natural phenomona which are important for sciences. Article 12 Conservation of organic natural resources and their ecosystems has three aspects, i.e. a. protection of life-support systems; b. conservation and maintenance of the varieties of plant and animal species and their ecosystems, in the sphere of earth, wiiter and air; c. sustained utilization of organic natural resources and their eco­ systems. The term · conservation above also includes protection of animal species whose· lives are not regulated by man, rare or endangered plants, and protect­ ed forests. Article 13 Protection of important man-made resources means conservation of the functions of these resources for contin­ ued development. Article 14 The protection of cuuurai neritage is aimed at conservation of cultural herit­ age of esteemed value. Article 15 In order to determine whether the . damage of the living environment has occurred, it is necessary to establish environmental quality standards, i.e. criteria for both the quality of the living envirort:qient and· the quality of domestic or industrial waste. These criteria and standards may differ for different environments, regions or times, taking into consideration the diversity of their systems of utilization. Changes in local environmental condi­ tions and technological development will affect the criteria and standards already established. Article 16 In principle, development projects and activities produce impact on the living . environment. Early planning of any development effort or activity must include a consideration of its major impact on the living environment, both physical and nonphysical, includ­ ing socio-cultural, so that an assess­ ment can be made as to whether an environmental impact analysis should be carried out. This analysis will indicate more precisely the negative and positive impact of a particular activity so that steps may be pre­ pared as early as possible in order to abate its negative impact and to develop its positive impact. Major impact to be considered in­ cludes, among others: a. the total number of people affected; b. the size of the area affected; c. the length of time dud.ng which the impact will persist; d, the intensity of the impact; e. the number of other environmental components affected; f. the cumulative nature of the im pact; g. r~versible or irreversible im pact. The Government can assist economical­ ly weak groups, whose fields of enterprise are suspected to lead to this type of major impact, in carrying out analyses of environmental impact. Article 17 The provisions as stated in this Article provide . the means of enforcing the law. Within the framework of the abate­ ment of negative impact, the Govern­ ment can assist economically weak groups, whose activities are considered to· have damaged or polluted the environment The abatement of environmental damage and pollution caused by activi­ ties outside the State territory is carried out through agreements between countries. Article 18 Paragraph (1) The management of the living environ­ ment demands the development of a system with iiltegratedness as its principal characteristic. Therefore, for the purpose of implementing the management of the living environment it is necessary to establish an integrated national policy concerning the manage­ ment of the living environment, which is to include formulations, implemen­ tation, control and supervision, as part of the national development policy. Supervision of the implementation of a national policy concerning the management of living environment is to be carried out by supervisory institu• tions in accordance with existing regulations. The implementation of the integrated policy requires coor­ dination so that sectoral and regional implementation of the management of the living environment is closely linked with the national policy of the management of the living environ­ ment, and so that there exists a uniformity of procedures and steps which will guarantee the attainment of the goals of the management of the living environment efficiently and effectively. For the purpose of coor­ dination at the national level, an institutional mechanism headed by a minister is established. Paragraph (2) The sectoral implementation of the management of the living environment in the regions shall be carried out under the coordination of the head of the region in relation to the integrated implementation of the national policy pertaining to · the management of the living environment. Paragraph (3) Self~explanatory. Article 19 Self-reliant community institutions filbtude aitlong ot}J.ers: a .. professional groups, who on the basis of their profession are interest­ ed in handling the problelll of the el}vironment; b~Jobby groups, who love nature and are motivated to sustain it; c. interest groups, who are interested in contributing to the development of the. living environment. In performing their supporting role, self-reliant community institutions function as a means of involving as many members of the community as possible in the effort to attain the goals of the management of the living environment. Article 20 Paragraph (1) These obligations constitute the duty of every person to sustain the capabil­ ity of the environment for the purpose of supporting continued development. Paragraph (2) The form and type of loss as a result of the damage and pollution will determine the extent of the loss. The investigation of the form, type, and extent of the loss is carried out by a team established by the Govern­ ment. The investigation includes eco­ logical, medic:d, socio-cultural and other aspects deemed necessary. The team, which consists of tlil injured parties or their representatives, the polluting agents or their representa­ tives, and government agents, is formed separately for each case. When necessary, experts may be appointed members of the team. If a unanimous agreement among the · concerned parties cannot be reached within a certain period of time, the matter is taken to the court. Paragraph (3) Besides the obligation to compensate losses as stated in the elucidation of Paragraph (2), the damager and/or polluter of the living environment is also under the obligation to pay to the State the costs of the restoration of the environment. The team as stipulated in the eluci­ dation of Paragraph (2) can also be assigned the authority to determine the amount of the costs of the resto­ ration of the living environment. Paragraph (4) Self-explanatory. Article 21 Strict liability will be conferred selec­ tively in cases to be determined by legislation, which can specify the type and category of the activities within the scope of the relevant provisions. Article 22 Taking into account the fact that environmental damage and/ or pollu­ tion can be of different kinds, this Article specifies only the maximum penalties which can be imposed. Legislation regulating aspects of the living environment can always specify penalties not exceeding those specified in this Article. The amount of fines as stated in this Article is the nominal value at the moment when this Act takes effect. Article 23 Self-explanatory. Article. 24 Self-explanatory. ~uPPLEMENT TO STATF GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 3215.