LAWS OF REPUBLIC INDONESIA

NUMBER 32 OF 2009
REGARDING
ENVIRONMENTAL PROTECTION AND MANAGEMENT
WITH THE BLESSING OF ALMIGHTY GOD
PRESIDENT OF REPUBLIC INDONESIA,

Considering :

a. that good and healthy environment is as human right of

every Indonesian citizen as stipulated in Article 28H of
1945 Constitution of Republic Indonesia;
b. that national economical development as stipulated in
1945 Constitution of Republic Indonesia is implemented
based on principle of continuous development and in
environmental horizon;
c. that spirit of regional autonomy in implementing
government of Indonesia has brought change of
relationship and authority between government and local
government, including in division of environmental
protection and management;
d. that environmental quality that is getting worst has
endanger human and other creatures life so that it needs
to do protection and management of environment which
is consistently by all of stakeholders;
e. that global warming that is getting higher causes climate
changes so it makes environmental quality worst therefore
it needs environmental protection and management;
f. that to more guarantee law certainty and give
protection to the right of every people to get good and
healthy environment as part of protection to all
ecosystem, it needs to do renewal for Law No. 23 of
1997 regarding Environmental Management;
g. that based on consideration as meant in point a, b, s,
d, e and f, it is necessary to enact Law regarding
Environmental Protection and Management;

Mengingat

Article 20, Article 21, Article 28H paragraph (1), and

Article 33 paragragph (3) and paragraph (4) of 1945
Constitution;

With Agreement
HOUSE OF REPRESENTATIVES OF REPUBLIC INDONESIA
and
PRESIDENT REPUBLIC INDONESIA
DECIDES:
To Enact

LAW REGARDING ENVIRONMENTAL PROTECTION AND

MANAGEMENT.
CHAPTER I
GENERAL PROVISION
Article 1

In this Law what is meant by:

1. Environment is unity of space with all things, power, condition and
creatures including human and its behavior, which is influencing nature,
life and human and other creatures welfare.
2. Environmental protection and management is systematic and integrated
effort which is done to perpetuate environmental function and avoid
pollution and/or environmental damage which covers planning, usage,
control, maintenance, supervision and law enforcement.
3. Continuous development is aware and planned effort which integrates
aspect of environment, social and economy into developmental strategy to
guarantee integral environment and its safety, ability, welfare, and quality
life of nowadays and next future generation.
4. Plan of environmental protection and management which further to be
called RPPLH is written plan which covers potency, environmental problem,
and effort to protect and manage it in certain time.
5. Ecosystem is structure of environmental substance which is integral unity
and influence each other in making balance, stability and environmental
productivity
6. Perpetuation of environmental function is set of effort to maintain carrying
capacity and storage capacity of environment.
7. Environmental carrying capacity is environmental ability to support
humans life, other creature, and balance between two of them.
8. Environmental storage capacity is environmental ability to absorb essence,
energy, and/or other component which comes or being come into it.
9. Natural resource is environmental substance which covers of biological and
non biological resource which entirely makes ecosystem unity.
10. Strategic environmental study, which is further called SEA, is set of
systematical analysis, integral and participative to ensure that principle of
continuous development has been a basic and bebome integrated in
developing an area and/or policy, plan, and/or program.
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11. Analysis of environmental impact, which is further called Amdal, is a study

regarding important impact of an effort and/or activity which is planned in
environment that is needed for decision taking regarding effort and/or
activity implementation.
12. Environmental management effort and environmental monitoring effort,
which are further called UKL-UPL, is management and monitoring toward
effort and/or activity which does not have important impact for
environment which is needed for decision taking process regarding effort
and/or activity implementation.
13. Environmental quality standard is limitation measurement or content of
creatures, substance, energy, or existing or must be existed component
and/or pollutant essence which its existence is restrained in a certain
resource as environmental substance.
14. Environmental pollution is the creatures, essence, energy, and/or other
component coming or being put into environment by humans activity so it
is more than determined environmental quality standard.
15. Criteria of environmental damage standard are limitation measurement of
physic, chemic, and/or environmental biology that can be restrained by
environment in order to perpetuate its function.
16. Environmental damage is persons activity that causes direct or indirect
change toward physic, chemic and/or environmental biology so that its
more than standard criteria of environmental damage.
17. Environmental damage is direct or indirect change toward physic, chemic
and/or environmental biology which is more than standard criteria of
environmental damage.
18. Conservation of natural resource is natural resource management to
guarantee its utilization wisely and continuity of its availability by
perpetuating and increasing value quality and its variety.
19. Climate change is the change of climate that is caused directly or indirectly
by humans activity so it causes change of atmosphere composition globally
and besides that it can be also a big change of natural climate variability in
comparable period.
20. Waste is residue from an effort and/or activity.
21. Toxic and hazardous material which is further called B3 is material,
energy, and/or other component which by its characteristic,
concentration, and/or its quality, directly or indirectly can pollute and/or
endanger environment and human and other creatures life.
22. Toxic and hazardous material which is further called B3 is residue from an
effort and/or activity which consists of B3.
23. B3 waste management is activity which covers decreasing, storage,
collecting, carrying, utilization, treatment, and/or stockpiling.
24. Dumping is activity to dump, place, and/or put in the waste and/or
material in certain quantity, concentration, time, and location with certain
condition into certain environmental media.
25. Environmental dispute is disagreement between two parties or more from
activity which has potency and/or impact to environment.
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26. Environmental impact is influence of change in environment which is

caused by an effort and/or activity.
27. Environmental organization is organized people group which is established
by self aspiration with the goal and activity is related to environment.
28. Environmental audit is evaluation which is done to appraise obedience of
the person in charge of effort and/or activity toward law condition and
policy which is determined by government
29. Ecoregion is geographical area which has similarity on climate, land, water,
flora, and original fauna, and human interaction model with nature and
environment.
30. Local wisdom is glorious values which are prevailed in community life to
such as protect and manage environment immortally.
31. Custom community is community group that is from generation to
generation live in certain geographical area because of the derivative
ancestor, the strong relationship with environment, and the value that
determines regulation of economy, politic, social and law.
32. Every body is a person or corporative or not corporative enterprise.
33. Environmental economic instrument is a set of economical policy to push
Government, local government, or every body in direct to perpetuation of
environmental function.
34. Serious threat is threat with wide impact to environment and makes
communitys restlessness.
35. Environmental license is license which is given to every body that does
effort and/or activity that must be Amdal or UKL-UPL in order to protect
and manage environment as condition to get effort and/or activity license.
36. Effort and/or activity license is license which is issued by technical
institution to do effort and/or activity.
37. Central government, which is further called Government, is President of
Republic Indonesia as meant in 1945 Constitution.
38. Local government is governor, regent, or mayor and regional staff as
implementer element of local government matters.
39. Minister is minister who implements governmental matters in division of
protection and management of environment.
CHAPTER II
PRINCIPLE, PURPOSE AND SCOPE
Part One
Principle
Article 2
Environmental protection and management is implemented based on principles
of:
a. states responsibility;
b. perpetuation and continuity;
c. harmonious and balance;
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d. integrity;
e. utilization;
f. vigilance;
g. fairness;
h. ecoregion;
i. biological variety;
j. polluter pays;
k. participative;
l. local wisdom;
m. good governmental management; and
n. regional autonomy.
Part Two
Goal
Article 3
Environmental protection and management has goals:
a. protect areas of Republic Indonesia from pollution and/or environmental
damage;
b. guarantee safety, health and humans life;
c. guarantee creatures life and ecosystem perpetuation;
d. keep perpetuation of environmental function;
e. reach harmony, conformity, and environmental balance;
f. guarantee fulfillment of fairness for nowadays and next future generation;
g. guarantee fulfillment and protection of right of environment as part of
human right;
h. control natural resource usage wisely;
i. actualize continuous development; and
j. anticipate global environmental issue.
Part Three
Scope
Article 4
Environmental protection and management covers:
a. planning;
b. utilization;
c. control;
d. maintenance;
e. supervision; and
f. law enforcement.

CHAPTER III
PLANNING
Article 5
Planning of environmental protection and management is implemented
through steps of:
a. environmental inventory;
b. determination of ecoregion area; and
c. arrangement of PPLH.
Part One
Environmental Inventory
Article 6
(1) Environmental inventory as meant in Article 5 point a consists of
environmental inventory of:
a. national level;
b. island/archipelago level; and
c. ecoregional area level.
(2) Environmental inventory is implemented to get data and information
regarding natural resource which consists of:
a. potency and availability;
b. kind which is utilized;
c. form of governance;
d. management knowledge;
e. form of damage; and
f. conflict and cause of conflict which is caused of management.
Part Two
Determination of Ecoregional area
Article 7
(1) Environmental inventory as meant in Article 6 paragraph (1) point a and b
become base in determining ecoregional area and implemented by Minister
after coordinating with related institution.
(2) Determination of ecoregional area as meant in paragraph (1) is implemented
by considering similarity of:
a. natural landscape;
b. river basin;
c. climate;
d. flora and fauna;
e. culture social;
f. economy;
g. community institution; and
h. result of environmental inventory.

Article 8
Environmental inventory in ecoregional area level as meant in Article 6
paragraph (1) point c is done to determine carrying capacity and storage
capacity and natural resource reserve.
Part Three
Arrangement of Environmental Protection and Management
(1)

(2)
(3)

(4)

(1)
(2)

(3)

(4)

Article 9
RPPLH as meant in Article 5 point c consists of:
a. National RPPLH;
b. Provincial RPPLH; and
c. RPPLH in Regency/city.
National RPPLH as meant in paragraph (1) point a is arranged based on
national inventory.
Provincial RPPLH as meant in paragraph (1) point b is arranged based on:
a. national RPPLH;
b. inventory in island/archipelago level; and
c. inventory in ecoregional level.
RPPLH in regency/city as meant in paragraph (1) point c is arranged based
on:
a. provincial RPPLH;
b. inventory in island/archipelago level; and
c. inventory in ecoregional level.
Article 10
RPPLH as meant in Article 9 is arranged by Minister, governor, or
regent/mayor according to their authority.
Arrangement of RPPLH as meant in paragraph (1) considers of:
a. variety of character and ecology function;
b. population spreading;
c. natural resource potency spreading;
d. local wisdom;
e. communitys aspiration; and
f. climate change.
RPPLH is ordered by:
a. government regulation for national RPPLH;
b. provincial regulation for provincial RPPLH; and
c. regulation in regency/city for RPPLH in regency/city.
RPPLH covers plan of:
a. utilization and/or reservation of natural resource;
b. maintenance and protection of quality and/or function of environment;
c. Control, monitoring, and usage and perpetuation of natural resource;
and
d. adaptation and mitigation of climate change.

(5) RPPLH becomes base of arrangement and stated in plan of long term
development and plan of middle term development.
Article 11
Further determination regarding environmental inventory as meant in Article
6, determination of ecoregion as meant in Article 7 and 8, and RPPLH as
meant in Article 9 and 10 is arranged in Government Regulation.

CHAPTER IV
UTILIZATION
(1)
(2)

(3)

(4)

Article 12
Utilization of natural resource is done based on RPPLH.
In regard of RPPLH as meant in paragraph (1) is not yet arranged, natural
resource utilization is implemented based on carrying capacity and
storage capacity of environment by considering:
a. continuity of environmental process and function;
b. continuity of environmental productivity; and
c. safety, life quality and community welfare.
Carrying capacity and storage capacity of environment as meant in
paragraph (2) is determined by:
a. Minister for environmental carrying capacity and storage capacity in
national and island/archipelago;
b. governor for environmental carrying capacity and storage capacity in
province and ecoregion across regencies/cities; or
c. regent/mayor for environmental carrying capacity and storage capacity
in regency/city.
Further determination regarding procedure of environmental carrying
capacity and storage capacity as meant in paragraph (3) is arranged in
government regulation.
CHAPTER V
CONTROL
Part One
General

(1)
(2)

Article 13
Control of pollution and/or environmental damage is implemented in
order to perpetuate environmental function.
Control of pollution and/or environmental damage as meant in paragraph
(1) covers:

(3)

a. prevention;
b. anticipation; and
c. recovery.
Control of pollution and/or environmental damage as meant in paragraph
(1) is implemented by Government, local government, and person in
charge of effort and/or activity according to each authority, role and
responsibility.
Part Two
Prevention

Article 14
Prevention instrument of pollution and/or environmental damage consist of:
a. SEA;
b. spatial planning;
c. environmental quality standard;
d. standard criteria of environmental damage;
e. amdal;
f. UKL-UPL;
g. license;
h. instrument of environmental economy;
i. law regulation in environmental base;
j. budget in environmental base;
k. analysis of environmental risk;
l. environmental audit; and
m. other instrument with necessity and/or knowledge development.
Paragraph 1
Strategic Environmental Assessment / SEA
Article 15
(1) Government and local government shall make SEA to make sure that
continuity development principle has been a base and integrated in
development of an area and/or policy, plan, and/or program.
(2) Government and local government shall make SEA as meant in paragraph
(1) into arrangement or evaluation:
a. plan of spatial planning in area (district society) and its detailed plan,
long term development plan, and middle term development plan in
national, province and regency/city; and
b. policy, plan and/or program with potency to make impact and/or
environmental risk.
(3) SEA is implemented by mechanism:
a. study of policy influence, plan, and/or program toward environmental
condition in certain area;
b. alternative formulation of policy, plan, and/or program finalization; and
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c. recommendation of revision to take policy decision, plan, and/or

program that integrates continuous development principle.
Article 16
SEA covers study such as:
a. capacity of environmental carrying capacity and storage capacity for
development;
b. assessment regarding environmental impact and risk;
c. work performance of service/ecosystem service;
d. efficiency of natural resource utilization;
e. susceptibility level and adaptation capacity toward climate change; and
f. resistance level and potency of biological variety.
Article 17
(1) Result of SEA as meant in Article 15 paragraph (3) becomes base for policy,
plan, and/or development program in certain area.
(2) If result of SEA as meant in paragraph (1) states that carrying capacity and
storage capacity have been passed,
a. Policy, plan and/or development program shall be revised according to
SEA recommendation; and
b. every effort and/or activity which is passed the environmental carrying
capacity and storage capacity is no more allowed.
Article 18
(1) SEA as meant in Article 15 paragraph (1) is implemented by involving
community and stakeholders.
(2) Further determination regarding SEA implementation procedure is ordered
in Government Regulation.
Paragraph 2
Spatial Planning
Article 19
(1) To keep perpetuation of environmental function and communitys safety,
every planning of spatial plan shall be based on SEA.
(2) Planning of areal spatial plan as meant in paragraph (1) is determined by
considering environmental carrying capacity and storage capacity.
Paragraph 3
Environmental Quality Standard
Article 20
(1) Determination of environmental pollution occurrence is measured through
environmental quality standard.
(2) Environmental quality standard covers:
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a.
b.
c.
d.
e.
f.
g.

water quality standard;

waste water quality standard;
sea water quality standard;
ambient air quality standard;
emission quality standard;
disturbance quality standard; and
other quality standard
according to knowledge and technology
improvement.
(3) Every body may dump waste into environmental media in condition of:
a. fulfill environmental quality standard; and
b. get license from Minister, governor, or regent/mayor according to
authority.
(4) Further determination regarding environmental quality standard as meant
in paragraph (2) point a, c, d, and g is ordered in Government Regulation.
(5) Further determination regarding environmental quality standard as meant
in paragraph (2) point b, e, and f is ordered in minister regulation.
Paragraph 4
Standard Criteria of Environmental Damage
Article 21
(1) To determine environmental damage occurance, standard criteria of
environmental damage is determined.
(2) Standard criteria of environmental damage cover standard criteria of
ecosystem damage caused by climate change.
(3) Standard criteria of ecosystem damage covers:
a. standard criteria of land damage for biomass production;
b. standard criteria of coral damage;
c. standard criteria of environmental damage which is related to forest fire
and/or land;
d. standard criteria of mangrove damage;
e. standard criteria of sea grass damage;
f. standard criteria of peat moss damage;
g. standard criteria of karst damage; and/or
h. standard criteria of other ecosystem damage according to knowledge
and technology improvement.
(4) Standard criteria of damage caused by climate change based on parameters
of:
a. temperature increasing;
b. sea water surface increasing;
c. storm; and/or
d. dryness.
(5) Further determination regarding standard quality of environmental damage
as meant in paragraph (3) and paragraph (4) is ordered by Government
Regulation.

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Paragraph 5
Amdal
Article 22
(1) Every effort and/or activity which has important impact to
environment shall have amdal.
(2) Important impact is determined based on criterias of:
a. bigness of population that will have impact of plan of effort and/or
activity;
b. wide of area of impact spreading;
c. intensity and duration of impact goes on;
d. bigness of other environmental component which will have impact;
e. accumulative character of impact;
f. turning over and not turning over of impact; and/or
g. other criteria as knowledge and technology improvement.
Article 23
(1) Criteria of effort and/or activity which has important impact that shall
be completed by amdal consists of:
a. change of land shape and natural landscape;
b. exploitation of natural resource, which is renewal or not;
c. process and activity which is potencial able to cause pollution
and/or environmental damage and wastefulness and natural
resource decreasing in its utilization;
d. process and activity which its result influences natural
environment, artificial environment, and environment of social and
culture;
e. process and activity which its result will influences perpetuation of
natural resource and/or culture protection;
f. introduction of kind of plant, animal and microorganism;
g. making and usage of biological non and biological material;
h. activity which has high risk and/or influences states defense;
and/or
i. technology application which is counted having big potency to
influence environment.
(2) Further determination regarding kind of effort and/or activity wh ich
shall be completed by amdal as meant in paragraph (1) is ordered by
Minister regulation.
Article 24
Amdal document as meant in Article 22 is as determination base of
environmental worthiness.

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Article 25
Amdal document covers:
a. study regarding impact of effort and/or activity plan;
b. activity evaluation around location of effort and/or activity plan ;
c. input and comment from community about effort and/or activity plan ;
d. assessment to bigness of impact and important character of impact
which occurs if the said effort and/or activity plan is implemented;
e. evaluation holistically to impact which occurs to determine
environmental worthiness or unworthiness; and
f. plan of environmental management and monitoring.
(1)
(2)
(3)

(4)

Article 26
Amdal document as meant in Article 22 is arranged by initiator by
involving community.
Community involvement shall be done based on principle of giving
transparent and complete information and be informed before activity
is implemented.
Community as meant in paragraph (1) covers:
a. which is effected by impact;
b. environmental observer; and/or
c. which is influenced of every kind of decision in amdal process.
Community as meant in paragraph (1) can send an objection of amdal
document.

Article 27
In arranging amdal document, initiator as meant in Article 26 paragraph
(1) can ask support to other party.
(1)
(2)

(3)

(4)

Article 28
Amdal arrangement as meant in Article 26 paragraph (1) and Article
27 shall have competency certification of amdal arrangement.
Criteria to get competency certification of amdal arrangement as
meant in paragraph (1) covers:
a. mastery of amdal arrangement methodology;
b. ability to do encompass, assessment, and evaluation of impact and
decision taking; and
c. ability to arrange plan of environmental management and
monitoring.
competency certification of amdal arrangement as meant in paragraph
(1) is issued by institution of competency certification of amdal
arrangement which is determined by Minister according to
determination of law regulation.
Further determination regarding certification and criteria of amdal
arrangement competency is ordered by Minister regulation.

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Article 29
(1) Amdal document is evaluated by Committee of Amdal Evaluator which
is formulated by Minister, governor, or regent/mayor according to
authority.
(2) Committee of Amdal Evaluator must have license from Minister,
governor, or regent/mayor according to authority.
(3) Condition and license procedure as meant in paragraph (2) is ordered
by Minister Regulation.
Article 30
(1) Membership of Committee of Amdal Evaluator as meant in Article 29
consists of representative from:
a. environmental institution;
b. related technical institution;
c. expert in related knowledge with kind of effort and/or activity which
has been studied;
d. expert related knowledge with impact that may occur from effort
and/or activity which has been studied;
e. representative from community who has potency to be effected by
impact; and
f. environmental organization.
(2) In implementing the duty, Committee of Amdal Evaluator is assisted
by technical team that consists of independent expert that does
technical study and secretary that is formulated for that.
(3) independent expert and secretary as meant in paragraph (3) is
determined by Minister, governor, or regent/mayor according to authority.
Article 31
Based on evaluation result of Committee of Amdal Evaluator, Minister,
governor, or regent/mayor determines environmental worthiness or
unworthiness decision according to authority.
Article 32
(1) Government and local government assist amdal arrangement for effort
and/or activity of low economy classification which has important impact
toward environment.
(2) Assistance of amdal arrangement as meant in paragraph (1) as facility,
cost, and/or amdal arrangement.
(3) Criteria regarding effort and/or activity of low economy classification are
ordered by law regulation.
Article 33
Further determination regarding amdal as meant in Article 22 until Article 32
is ordered by Government Regulation.

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Paragraph 6
UKL-UPL
Article 34
(1) Every effort and/or activity which is not included in criteria of
obligatory amdal as meant in Article 23 paragraph (1) shall have UKLUPL.
(2) Governor or regent/mayor determines kind of effort and/or activity
that shall be completed by UKL-UPL.
Article 35
(1) Effort and/or activity which must not completed by UKL-UPL as meant
in Article 34 paragraph (2) must make capability statement letter of
environmental management and monitoring.
(2) Determination of effort and/or activity as meant in paragraph (1) is
done based on criteria of:
a. not included in category of important impact as meant in Article 23
paragraph (1); and
b. micro and small business activity.
(3) Further determination regarding UKL-UPL and capability statement letter
of environmental management and monitoring is ordered by Minister
regulation.
Paragraph 7
License
Article 36
(1) Every effort and/or activity that must have amdal or UKL-UPL must
have environmental license.
(2) Environmental license as meant in paragraph (1) is issued based on
decision of environmental worthiness as meant in Article 31 or
recommendation by UKL-UPL.
(3) Environmental license as meant in paragraph (1) shall state condition
that is stated in decision of environmental worthiness or
recommendation by UKL-UPL.
(4) Environmental license is issued by Minister, governor, or
regent/mayor according to the authority.
Article 37
(1) Minister, governor, or regent/mayor according to the authority shall refuse
application of environmental license if the application of license is not
completed by AMDAL or UKL-UPL.
(2) Environmental license as meant in Article 36 paragraph (4)can be
canceled if:

15

a. Proposed condition in application of license covers law defect,

mistake, misapplication, and inaccuracy and/or data and/or
information counterfeit;
b. Its issuance without condition fulfillment as stated in decision of
committee regarding environmental worthiness or recommendation
by UKL-UPL; or
c. Obligation that is determined in AMDAL or UKL-UPL document is
not implemented by person in charge of effort and/or activity.
Article 38
Besides determination as meant in Article 37 paragraph (2),
environmental license can be canceled through court decision of state
administration.
Article 39
(1) Minister, governor, or regent/mayor according to authority shall
announce every environmental license applications and decision .
(2) Announcement as meant in paragraph (1) is done by the easy way to
know by community.
Article 40
(1) Environmental license is as condition to get license of effort and/or
activity.
(2) In regard of environmental license is revoked, the license of effort
and/or activity is canceled.
(3) In regard of effort and/or activity is changed, person in charge in
effort and/or activity shall renew the environmental license.
Article 41
Further determination regarding license as meant in Article 36 until
Article 40 is ordered in Government Regulation.
Paragraph 8
Instrument of Environmental Economy
Article 42
(1) In order to perpetuate environmental function, Government and regional
government shall develop and apply instrument of environmental economy.
(2) Instrument of environmental economy as meant in paragraph (1) covers:
a. development plan and economical activity;
b. environmental funding; and
c. incentive and/or disincentive.
Article 43
(1) Instrument of development plan and economical activity as meant in Article
42 paragraph (2) point a covers:
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a. balance of natural resource and environment;

b. arrangement of gross domestic product and gross regional domestic
product that covers depreciation of natural resource and environment;
c. mechanism of environmental compensation/service retain among
regions; and
d. make the environmental cost intern.
(2) Instrument of environmental funding as meant in Article 42 paragraph (2)
point b covers:
a. fund of environmental recovery guarantee;
b. fund of pollution and/or damage tackling and environmental recovery;
and
c. trusteeship/donation fund for conservation.
(3) Incentive and/or disincentive as meant in Article 42 paragraph (2) point c is
applied for:
a. procurement of goods and services that are friendly to environment;
b. application of environmental tax, retribution, and subsidy;
c. development of financial institution system and capital market which are
friendly to environment;
d. development of trading system of waste and/or emission dumping
license;
e. development of environmental service payment system;
f. development of environmental insurance;
g. development of environmental friendly system label; and
h. system of work performance award in division of environmental
protection and management.
(4) Further determination regarding instrument of environmental economy as
meant in Article 42 and 43 paragraph (1) until paragraph (3) is ordered by
Government Regulation.
Paragraph 9
Law Regulation Based on Environment
Article 44
Every law regulation enactment in national and regional level shall consider
protection and environmental function and principle of environmental
protection and management according to determination that is stipulated in
this Law.
Paragraph 10
Budgeting Based on Environment
Article 45
(1) Government and House of Representative of Republic Indonesia and
regional government and regional House of Representative shall allocate
budget that is enough to finance:
a. activity of environmental protection and management; and
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b. program of development in environmental horizon.

(2) Government shall allocate budget of environmental special allocation fund
that is enough to be given to region which has work performance of good
environmental protection and management.
Article 46
Besides of determination as meant in Article 45, in order to recover
environmental condition which its quality has been polluted and/or damaged
in time of this law is enacted, Government and regional government shall
allocate budget for environmental recovery.
Paragraph 11
Analysis of Environmental Risk
Article 47
(1) Every effort and/or activity which has potency to make important impact
toward environment, threat to ecosystem and life, and/or humans health
and safety shall do analysis of environmental risk.
(2) Analysis of environmental risk as meant in paragraph (1) covers:
a. risk study;
b. risk management; and/or
c. risk communication.
(3) Further determination regarding analysis of environmental risk is ordered in
Government Regulation.
Paragraph 12
Audit of Environment
Article 48
Government encourages person in charge of effort and/or activity to do audit
of environment in order to increase environmental work performance.
Article 49
(1) Minister makes compulsory the environmental audit to:
a. certain effort and/or activity that has high risk for environment; and/or
b. person in charge of effort and/or activity who shows disobedience to law
regulation.
(2) Person in charge of effort and/or activity shall implement environmental
audit.
(3) Implementation of environmental audit toward certain activity which has
high risk is done periodically.
Article 50
(1) If person in charge of effort and/or activity does not implement obligation as
meant in Article 49 paragraph (1), Minister can implement or delegate the
18

task to independent third party to implement environmental audit of cost of

related person in charge of effort and/or activity.
(2) Minister announces result of environmental audit.
(1)
(2)
(3)

(4)

Article 51
Environmental audit as meant in Article 48 and Article 49 is implemented
by environmental auditor.
Environmental auditor as meant in paragraph (1) shall have certification
of environmental auditor competency.
Criteria to get certification of environmental auditor competency as
meant in paragraph (2) covers ability of:
a. comprehends
principle,
methodology,
and
procedure
of
environmental audit implementation;
b. do environmental auditor which covers steps of planning,
implementation, conclusion taking, and reporting;
c. formulate recommendation of revision step as environmental auditor
follow up.
Certification of environmental auditor competency as meant in
paragraph (2) is issued by institution of certification of environmental
auditor competency according to law regulation determination.

Article 52
Further determination regarding environmental auditor as meant in Article 48
until Article 51 is ordered by Minister Regulation.
Part Three
Tackling
Article 53
(1) Everybody who does environmental pollution and/or damage shall do
environmental pollution and/or damage tackling.
(2) Environmental pollution and/or damage tackling as meant in paragraph (1)
is done by:
a. giving information of environmental pollution and/or damage warning to
community;
b. isolation of environmental pollution and/or damage;
c. stop source of environmental pollution and/or damage; and/or
d. other way that is according to knowledge and technology development.
(3) Further determination regarding procedure of environmental pollution
and/or damage tackling as meant in paragraph (1) is ordered in Government
Regulation.

19

Part Four
Recovery
Article 54
(1) Everybody who does environmental pollution and/or damage shall do
recovery of environmental function.
(2) Recovery of environmental function as meant in paragraph (1) is done
in steps:
a.
stop pollution source and cleaning the pollution element;
b.
re-mediation;
c.
rehabilitation;
d.
restoration; and/or
e.
other way that is according to knowledge and technology
development.
(3) Further determination regarding procedure of environmental function
recovery as meant in paragraph (2) is ordered in Government Regulation.
(1)
(2)
(3)
(4)

Article 55
Environmental license holder as meant in Article 36 paragraph (1) shall
provide loan to recovery the environmental function.
Loan is saved in pointed governmental bank by Minister, governor, or
regent/mayor according to the authority.
Minister, governor, or regent/mayor according to authority can determine
third party to do recovery the environmental function by using the loan.
Further determination regarding loan as meant in paragraph (1) until
paragraph (3) is ordered in Government Regulation.

Article 56
Further determination regarding environmental pollution and/or damage
control as meant in Article 13 until Article 55 is ordered in Government
Regulation.
CHAPTER VI
MAINTENANCE
Article 57
(1) Environmental maintenance is done by:
a. conservation of natural resource;
b. preservation of natural resource; and/or
c. perpetuation of atmosphere function.
(2) Conservation of natural resource as meant in paragraph (1) point a covers
activity:
a. protection of natural resource;
b. preservation of natural resource; and
c. natural utilization of natural resource.

20

(3) Preservation of natural resource as meant in paragraph (1) point b is as

natural resource which cannot be managed in certain time.
(4) perpetuation of atmosphere function as meant in paragraph (1) point c
covers:
a. mitigation effort and adaptation of climate change;
b. protection effort of ozone layer; and
c. protection effort of acid rain.
(5) Further determination regarding conservation and natural preservation and
perpetuation of atmosphere function as meant in paragraph (1) is ordered
by Government Regulation.
CHAPTER VII
MANAGEMENT OF TOXIC AND HAZARDOUS MATERIAL
AND TOXIC AND HAZARDOUS WASTE
Part One
Management of Toxic and Hazardous Material
Article 58
(1) Everybody who puts into Republic Indonesia, makes result, carries,
distributes, saves, utilizes, dumps, treats, and/or accumulate toxic and
hazardous material shall do the toxic and hazardous material
management.
(2) Further determination regarding toxic and hazardous material
management as meant in paragraph (1) is ordered by Government
Regulation.
Part Two
Management of Toxic and Hazardous Waste
Article 59
(1) Everybody who makes toxic and hazardous waste shall do the toxic and
hazardous waste management of it.
(2) In regard of toxic and hazardous material as meant in Article 58 paragraph
(1) is expired, its management follows the determination of toxic and
hazardous waste management.
(3) In regard of everybody is not able by themselves to do toxic and hazardous
waste management, so its management has been given to other party.
(4) Toxic and hazardous waste management shall get license from Minister,
governor, or regent/mayor according to authority.
(5) Minister, governor, or regent/mayor shall state environmental condition
that must be fulfilled and obligation that must be obeyed by manager of
toxic and hazardous waste in license.
(6) Decision of license giving must be announced.
(7) Further determination regarding toxic and hazardous waste management is
21

ordered by Government Regulation.

Part Three
Dumping
Article 60
Everybody is not allowed to do waste and/or material dumping into
environment without license.
Article 61
(1) Dumping as meant in Article 60 can only be done with license from
Minister, governor, or regent/mayor according to authority.
(2) Dumping as meant in paragraph (1) can only be done in determined
location.
(3) Further determination regarding procedure and condition of waste or
material dumping condition is ordered by Government Regulation.
CHAPTER VIII
INFORMATION SYSTEM
(1)
(2)
(3)
(4)

Article 62
Government and regional government develop environmental information
system to support implementation and development of environmental
protection and management policy.
Environmental information system is done integral and coordinated and
shall be published to community.
Environmental information system at least covers environmental status,
environmental risky map, and other environmental information.
Further determination regarding environmental information system is
ordered by Minister regulation.
CHAPTER IX
DUTY AND AUTHORITY OF GOVERNMENT
AND LOCAL GOVERNMENT

(1)

Article 63
In regard of environmental protection and management, Government has
duty and authority to:
a. determine national policy;
b. determine norm, standard, procedure, and criteria;
c. determine and implement policy regarding national RPPLH;
d. determine and implement policy regarding SEA;
e. determine and implement regarding AMDAL and UKL-UPL;
f.
implement national natural resource inventory and gas emission of
glass house;
22

g.
h.

(2)

develop cooperation standard;

coordinate and implement environmental pollution and/or
damage control;
i.
determine and implement policy regarding biological and non
biological natural resource, biological diversity, genetically resource,
and biological safety of artificial genetic;
j.
determine and implement policy regarding impact of climate change
and ozone layer protection control;
k. determine and implement policy regarding toxic and hazardous
material, waste, and toxic and hazardous waste;
l.
determine and implement policy regarding sea environmental
protection;
m. determine and implement policy regarding environmental pollution
and damage across states borders;
n. do capacity development and inspection to policy implementation
in level of national, regional regulation and head of regional
regulation;
o. do capacity development and obedience inspection to person in
charge of effort and/or activity toward environmental license
determination and law regulation;
p. develop and implement environmental instrument;
q. coordinate and facilitate cooperation and problem solving among
regions and dispute completion;
r. develop and implement policy of community complain
management;
s. determine minimal service standard;
t. determine policy regarding procedure of traditional community
existence acknowledgement, local wisdom, and right of traditional
community which is related to environmental protection and
management;
u. management of national environmental information;
v. coordinate, develop, and socialize environmental friendly
technology utilization;
w. give education, training, capacity development, and award;
x. develop facility and environmental laboratory standard;
y. issue environmental license;
z. determine ecoregional area; and
aa. do environmental law enforcement.
In regard of environmental protection and management, provincial
government has duty and authority to:
a. determine policy in provincial level;
b. determine and implement SEA in provincial level;
c. determine and implement policy regarding provincial RPPLH;
d. determine and implement policy regarding AMDAL and UKL-UPL;
e. implement natural resource inventory and gas emission of glass house
in provincial level;
23

f. develop and implement cooperation and partnership;

g. coordinate and implement environmental pollution and/or damage
across regencies/cities;
h. do
capacity
development
and
inspection
toward
policy
implementation, regional regulation, and head of regency/citys
regulation;
i. do capacity development and inspection to obedience of person in
charge of effort and/or activity toward environmental license
determination and law regulation in division of environmental
protection and management;
j. develop and apply environmental instrument;
k. coordinate and facilitate cooperation and dispute completion
among regencies/cities and disagreement completion;
l. do capacity development, technical assistance, and inspection to
regency/city in program and activity;
m. do minimal service standard;
n. determine policy regarding procedure of traditional community
existence acknowledgement, local wisdom, and right of traditional
community which is related to environmental protection and
management in provincial level;
o. manage environmental information in provincial level;
p. develop and socialize environmental friendly technology
utilization;
q. give education, training, capacity development, and award;
r. issue environmental license in provincial level; and
s. do environmental law enforcement in provincial level.
(3) In regard of environmental protection and management, government of
regency/city has duty and authority to:
a. determine policy in regency/city level;
b. determine and implement SEA in regency/city level;
c. determine and implement policy regarding RPPLH in regency/city;
d. determine and implement policy regarding AMDAL and UKL-UPL;
e. implement inventory of natural resource and gas emission of glass house
in regency/city level;
f. develop and implement cooperation and partnership;
g. develop and implement environmental instrument;
h. facilitate dispute completion;
i. do capacity development and inspection of obedience of person in
charge of effort and/or activity toward environmental license
determination and law regulation;
j. do minimal service standard;
k. implement policy regarding procedure of traditional community
existence acknowledgement, local wisdom, and right of traditional
community which is related to environmental protection and
management in regency/city level;
l. manage environmental information in regency/city level;
24

m.

develop and implement policy of environmental information system in

regency/city level;
n. give education, training, capacity development, and award;
o. issue environmental license in regency/city level; and
p. do environmental law enforcement in regency/city level.
Article 64
Duty and authority of Government as meant in Article 63 paragraph (1) is
implemented and/or coordinated by Minister.
CHAPTER X
RIGHT, OBLIGATION, AND PROHIBITION
Part One
Right
Article 65
(1) Everybody has right of good and healthy environment as part of human
right.
(2) Everybody has right to get environmental education, information access,
participation access, and fairness access in fulfilling the environmental
right of good and healthy environment.
(3) Everybody has right to raise a suggestion and/or objection to plan of effort
and/or activity which is predicted to make impact for environment.
(4) Everybody has right to take a part in environmental protection and
management according to law regulation.
(5) Everybody has right to do complaint caused by prediction of environmental
pollution and/or damage.
(6) Further determination regarding procedure of complaint as meant in
paragraph (5) is ordered by Minister Regulation.
Article 66
Everybody who fights for right of good and healthy environment cannot be
prosecuted in accordance with criminal or accused in accordance with civil.
Part Two
Obligation
Article 67
Everybody has obligation to maintain perpetuation of environmental function
and environmental pollution and/or damage control.
Article 68
Everybody who does effort and/or activity has obligation to:
a. give information which is related to environmental protection and
management truly, accurately, openly, and on time;
25

b. keep the continuity of environmental function; and

c. obey determination regarding environmental quality standard and/or
standard criteria of environmental damage.
Part Three
Prohibition
Article 69
(1) Everybody is prohibited to:
a. do activity that makes environmental pollution and/or damage;
b. put in toxic and hazardous material which is prohibited according to law
regulation into Republic Indonesia;
c. put in waste which is from outer place of Republic Indonesia into
environment of Republic Indonesia;
d. put in toxic and hazardous waste into Republic Indonesia;
e. dumping waste into environmental media;
f. dumping toxic and hazardous material and toxic and hazardous waste
into environmental media;
g. release artificial genetic product genetic into environmental media
which is contradicted with law regulation or environmental license;
h. do land opening by burning it;
i. arrange AMDAL without having certification of AMDAL arrangement
competition; and/or
j. give information which is counterfeiting, mislead, information restitution,
information damage, or give incorrect information.
(2) Determination as meant in paragraph (1) point h considers well the local
wisdom in each areas.
CHAPTER XI
COMMUNITYS INVOLVEMENT
Article 70
(1) Community has equal and wide right and chance to involve actively in
environmental protection and management.
(2) Communitys involvement can be:
a. social inspection;
b. giving suggestion, opinion, objection, complaint; and/or
c. information delivery and/or reporting.
(3) Communitys involvement is done to:
a. increase awareness in environmental protection and management;
b. increase independence, communitys empowering, and partnership;
c. increase ability and initiation of community;
d. increase immediately-perceptive of community to do social inspection;
and

26

e. develop and keep culture and local wisdom in order to perpetuate

environmental function.
CHAPTER XII
ADMINISTRATIVE SUPERVISION AND INSPECTION
Part One
Inspection
Article 71
(1) Minister, governor, or regent/mayor according to authority shall do
inspection to obedience of person in charge of effort and/or activity
toward environmental license determination and law regulation in
division of environmental protection and management.
(2) Minister, governor, or regent/mayor can delegate their authority in doing
inspection to officer/technical institution that is responsible in division of
environmental protection and management.
(3) In implementing supervision, Minister, governor, or regent/mayor
determines environmental inspection that is as functional officer.
Article 72
Minister, governor, or regent/mayor according to authority shall do inspection
to obedience of person in charge of effort and/or activity toward
environmental license.
Article 73
Minister can do inspection to obedience of person in charge of effort and/or
activity which its environmental license is issued by local government if
Government deems there is serious in division of environmental protection
and management.
Article 74
(1) Environmental inspector officer as meant in Article 71 paragraph (3) has
authority to:
a. do monitoring;
b. ask information;
c. make copy document and/or make a needed note;
d. take certain place;
e. take picture;
f. make audio visual recording;
g. take sample;
h. inspect tools;
i. inspect installation and/or transportation; and/or
j. stop certain disobedience.
(2) In implementing his authority, environmental inspector officer can do
coordination with investigation officer of government.
27

(3) Person in charge of effort and/or activity is prohibited to hinder the

duty implementation of environmental inspector officer.
Article 75
Further determination regarding procedure of investiture for environmental
inspector officer and procedure of inspection implementation as meant in
Article 71 paragraph (3), Article 73, and Article 74 is ordered by Government
Regulation
Part Two
Administrative Sanction
Article 76
(1) Minister, governor, or regent/mayor applies administrative sanction to
person in charge of effort and/or activity if in inspection the
disobedience of environmental license is found.
(2) Administrative sanction consists of:
a. written warning;
b. governmental compulsion;
c. environmental license congealing; or
d. environmental license revoking.
Article 77
Minister can apply administrative sanction to person in charge of effort
and/or activity if Government deems local government intentionally does not
apply administrative sanction to serious disobedience of environmental
protection and management.
Article 78
Administrative sanction as meant in Article 76 does not discharge the person
in charge of effort and/or activity from responsibility of recovery and criminal
action.
Article 79
Imposition of administrative sanction as environmental license congealing or
revoking as meant in 76 paragraph (2) point c and point d is done if person
in charge of effort and/or activity does not implement governmental
compulsion.
Article 80
(1) Governmental compulsion as meant in Article 76 paragraph (2) point b
can be:
a. stop production activity temporary;
b. production facility removal;
c. close waste or emission dumping channel;
d. demolition;
28

e. seizure goods or tools that has potency to make disobedience;

f. stop all activity temporary; or
g. other action which has goal to stop disobedience and action to
recovery environmental function.
(2) Imposition of Governmental compulsion can be given without any
warning first if disobedience that is done causes:
a. serious threat for human and environment;
b. bigger and wider impact if it is not immediately stopped of its
pollution and/or damage; and/or
c. bigger loss for environment if it is not immediately stopped of its
pollution and/or damage.
Article 81
Every person in charge of effort and/or activity who does not implement
governmental compulsion can get fine of every delay of governmental
compulsion implementation.
(1)
(2)

Article 82
Minister, governor, or regent/mayor has authority to force person in
charge of effort and/or activity to do environmental recovery which is
caused by environmental pollution and/or damage that is done.
Minister, governor, or regent/mayor has authority or can appoint third
party to do environmental recovery which is caused by environmental
pollution and/or damage that is done with cost is in person in charges
responsibility.

Article 83
Further determination regarding administrative sanction is ordered by
Government Regulation.
CHAPTER XIII
ENVIRONMENTAL DISPUTE COMPLETION
Part One
General
(1)
(2)
(3)

Article 84
Environmental dispute completion can be done through court or outside of
court.
Option of environmental dispute completion is done in accordance with
pleasure by parties who have dispute.
Accusation through court can be done if chosen solving effort outside
court is stated failed by one or parties who have dispute.

29

Part Two
Environmental Dispute Completion out Side Court
(1)

(2)
(3)

(1)
(2)
(3)

Article 85
Environmental dispute completion outside court is done to reach
agreement of:
a. form and bigness of claim damage;
b. recovery action caused by pollution and/or damage;
c. certain action to guarantee there is no repeat of pollution and/or
damage; and/or
d. action to prevent negative impact for environment.
Dispute completion outside court is not prevailing toward environmental
criminal action as ordered in this Law.
In solving the environmental dispute outside court the mediator service
and/or arbiter can be used to assist finishing the environmental dispute.
Article 86
Community can establish provider institution of environmental dispute
completion which is independent and non block.
Government and local government can facilitate establishment of provider
institution of environmental dispute completion which is independent and
non block.
Further determination regarding provider institution of environmental
dispute completion is ordered by Government Regulation.
Part Three
Environmental Dispute Completion through Court
Paragraph 1
Claim Damage and Environmental Recovery

Article 87
(1) Every person in charge of effort and/or activity who does law
disobedience like environmental pollution and/or damage which
causes loss to other person or environment shall pay claim damage
and/or do certain action.
(2) Everybody who does taking over, change of character and form of
business activity and/or activity from a business organization which
disobeys the law does not release law responsibility and/or obligation
of the said business organization
(3) Court can determine payment of compulsion money to every single
delay of implementation of courts decision.
(4) Bigness of compulsion money is decided based on law regulation.

30

Paragraph 2
Absolute Responsibility
Article 88
Everybody with their action, effort, and/or activity uses toxic and hazardous
material, makes result and/or manages toxic and hazardous waste, and/or
causes serious threat to environment has absolute responsibility of loss which
occurs without any needing evidence of fault aspect.
Paragraph 3
Expiration Date to Accusation Submission
(1)
(2)

Article 89
Expiration date to submit accusation to court follows the expiration date
as determined in determination of Civil Code and calculated from
cognizance of environmental pollution and/or damage.
Determination regarding expiration date is not prevailing to environmental
pollution and/or damage which caused by effort and/or activity that uses
and/or manages toxic and hazardous material and makes result and/or
toxic and hazardous waste.
Paragraph 4
Accusation Rightful of Government and Local Government

Article 90
(1) Governmental institution and local government who is responsible in
environmental division has authority to submit accusation of claim
damage and certain action to effort and/or activity which causes
environmental pollution and/or damage and environmental loss.
(2) Further determination regarding environmental loss as meant in
paragraph (1) is further ordered by Minister Regulation.
Paragraph 5
Accusation Rightful of Community
Article 91
(1) Community has right to submit accusation of group representative for his
own necessity and/or for communitys necessity if there is a loss caused by
environmental pollution and/or damage.
(2) Accusation can be submitted if there is similarity fact or occurrence, law
base, and kind of pursuit among group representative and members of its
group.
(3) Determination regarding Accusation Rightful of Community is implemented
according to law regulation.

31

Paragraph 6
Accusation Rightful of Environmental Organization
(1)
(2)
(3)

Article 92
In order to implement responsibility of environmental protection and
management, environmental organization has right to submit accusation for
necessity of environmental function perpetuation.
Right to submit accusation is limited on pursuit to do certain action without
any claim damage, except fee or real expense.
Environmental organization can submit accusation if has fulfilled
conditions:
a. in form of law body;
b. clarify in its base budget that the said organization has been established
for necessity of environmental function perpetuation; and
c. has implemented real activity according to its base budget at least 2
(two) years.
Paragraph 7
Administrative Accusation

Article 93
(1) Everybody can submit accusation to decision of state administration
if:
a. body or officer of state administration issues environmental license to
effort and/or activity which must be AMDAL but it is not completed by
AMDAL document;
b. body or officer of state administration issues environmental license to
activity which must be UKL-UPL, but it is not completed by document of
UKL-UPL; and/or
c. body or officer of state administration that issues environmental license
for effort and/or activity which is not completed by environmental
license.
(2) Procedure of accusation submission to decision of state administration refers
to Procedure Law of State Administration.
CHAPTER XIV
INVESTIGATION AND VERIFICATION
Part One
Investigation
(1)

Article 94
Besides of police officer of investigation of Republic Indonesia, certain
government officer in environment of government institution which duty
and responsibility in division of environmental protection and

32

management has given authority as investigator as meant in Criminal

Procedure Law to do investigation of environmental criminal action.
(2)

(3)
(4)

(5)
(6)

Investigation officer of government staff has authority to:

a. do investigation of truth of report or information regarding criminal
action in division of environmental protection and management;
b. do investigation to everybody who is supposed to do criminal action in
division of environmental protection and management;
c. ask information and evidence from everybody regarding occurrence of
criminal action in division of environmental protection and
management;
d. do investigation of book keeping, notification, and other document
regarding criminal action in division of environmental protection and
management;
e. do investigation in certain place where is supposed to be an evidence,
book keeping, notification, and other document;
f. do seizure to material and goods of disobedience which can be en
evidence in occurrence of criminal action in division of environmental
protection and management;
g. ask a help from expert in order to implement duty of criminal action
investigation in division of environmental protection and management;
h. stop investigation;
i. enter certain place, take picture, and/or make audio visual record;
j. do raid to body, cloth, room, and/or other place which is supposed to
be a place of criminal action has been done; and/or
k. arrest and intercept doer of criminal action.
In doing arrest and intercept as meant in paragraph (2) point k,
investigation officer of government staff has coordination with
investigation police officer of Republic Indonesia.
In regard of investigation officer of government staff is doing investigation,
investigation officer of government staff informs to investigation police
officer of Republic Indonesia and investigation police officer of Republic
Indonesia gives assistance for investigation smoothness.
Investigation officer of government staff informs the start of investigation
to public prosecutor with copy to investigation police officer of Republic
Indonesia.
Investigation result that has been done by investigation officer of
government staff will be sent to public prosecutor.

Article 95
In order of law enforcement toward doer of environmental criminal action,
integrated law enforcement can be done between investigation officer of
government staff, police, and prosecution office under coordination of
Minister.
(2) Further determination regarding implementation of integrated law
enforcement is ordered by law regulation.
(1)

33

Part Two
Verification
Article 96
Legal evidence in pursuit of environmental criminal action consists of :
a. information of witness;
b. information of expert;
c. letter;
d. guidance;
e. information of defendant; and/or
f. other evidence, including evidence which is ordered in law regulation.
CHAPTER XV
CRIMINAL PROVISION
Article 97
Criminal action in this law is as crime.
(1)

(2)

(3)

(1)

(2)

Article 98
Everybody who is intentionally doing action which causes pass of
ambient air quality standard, water quality standard, sea water
quality standard, or standard criteria of environmental damage will be
punished by imprisonment minimum 3 (three) years and maximum 10
(ten) years and fine minimum Rp 3,000,000,000.00 (three billion
rupiah) and maximum Rp10,000,000,000.00 (ten billion rupiah).
If action as meant in paragraph (1) causes person injured and/or
danger of human health, will be punished by imprisonment minimum
4 (four) years and maximum 12 (twelve) years and fine minimum Rp
4,000,000,000.00 (four billion rupiah) and maximum Rp12,
000,000,000.00 (twelve billion rupiah).
If action as meant in paragraph (1) causes person in heavy injured or
death, will be punished by imprisonment minimum 5 (five) years and
maximum 15 (fifteen) years and fine minimum Rp 5,000,000,000.00
(five billion rupiah) and maximum Rp 15.000.000.000, 00 (fifteen billion
rupiah).
Article 99
Everybody that because of his negligent causes pass of ambient air
quality standard, water quality standard, sea water quality standard,
or standard criteria of environmental damage, will be punished by
imprisonment minimum 1 (one) years and maximum 3 (three) years
and fine minimum Rp1,000,000,000.00 (one billion rupiah) and
maximum Rp3,000,000,000.00 (three billion rupiah).
If action as meant in paragraph (1) causes person injured and/or
danger of human health, will be punished by imprisonment minimum
34

(3)

(1)

(2)

2 (two) years and maximum 6 (six) years and fine minimum Rp

2,000,000,000.00
(two
billion
rupiah)
and
maximum
Rp
6,000,000,000.00 (six billion rupiah).
If action as meant in paragraph (1) causes person in heavy injured or
death, will be punished by imprisonment minimum 3 (three) years
and maximum 9 (nine) years and fine minimum Rp 3,000,000,000.00
(three billion rupiah) and maximum Rp 9,000,000,000.00 (nine billion
rupiah).
Article 100
Everybody who disobeys waste water quality standard, emission
quality standard, or disturbance quality standard will be punished by
imprisonment maximum 3 (three) years and fine maximum Rp
3,000,000,000.00 (three billion rupiah).
Criminal action as meant in paragraph (1) can only be given if
administrative sanction that has been given has not been obeyed or
disobedience has been done more than one time.

Article 101
Everybody who releases and/or circulates artificial genetic product into
environmental media which is contradiction with la regulation or
environmental license as meant in Article 69 paragraph (1) point g will be
punished by imprisonment minimum 1 (one) years and maximum 3 (three)
years and fine minimum Rp 1,000,000,000.00 (one billion rupiah) and
maximum Rp 3,000,000,000.00 (three billion rupiah).
Article 102
Everybody who does toxic and hazardous waste management without
license as meant in Article 59 paragraph (4) will be punished by
imprisonment minimum 1 (one) years and maximum 3 (three) years and
fine minimum Rp 1,000,000,000.00 (one billion rupiah) and maximum Rp
3,000,000,000.00 (three billion rupiah).
Article 103
Everybody who makes result of toxic and hazardous waste and does not do
management as meant in Article 59 will be punished by imprisonment
minimum 1 (one) years and maximum 3 (three) years and fine minimum Rp
1,000,000,000.00 (one billion rupiah) and maximum Rp 3,000,000,000.00
(three billion rupiah).
Article 104
Everybody who does waste and/or material dumping into environmental media
without license as meant in Article 60 will be punished by imprisonment
maximum 3 (three) years and fine maximum Rp 3,000,000,000.00 (three
billion rupiah).

35

Article 105
Everybody who puts in the waste into Republic Indonesia as meant in Article
69 paragraph (1) point c will be punished by imprisonment minimum 4 (four)
years and maximum 12 (twelve) years and fine minimum Rp
4,000,000,000.00
(four
billion
rupiah)
and
maximum
Rp
12,000,000,000.00 (twelve billion rupiah).
Article 106
Everybody who puts in toxic and hazardous waste into Republic Indonesia as
meant in Article 69 paragraph (1) point d will be punished by imprisonment
minimum 5 (five) years and maximum 15 (fifteen ears and fine minimum
Rp
5,000,000,000.00
(five
billion
rupiah)
and
maximum
Rp
15,000,000,000.00 (fifteen billion rupiah).
Article 107
Everybody who puts in toxic and hazardous material which is prohibited by
law regulation into Republic Indonesia as meant in Article 69 paragraph (1)
point be will be punished by imprisonment minimum 5 (five) years and
maximum 15 (fifteen) and fine minimum Rp 5,000,000,000.00 (five billion
rupiah) and maximum Rp 15,000,000,000.00 (fifteen billion rupiah).
Article 108
Everybody who does land burning as meant in Article 69 paragraph (1) point
h will be punished by imprisonment minimum 3 (three) years and
maximum 10 (ten) and fine minimum Rp 3,000,000,000.00 (three billion
rupiah) and maximum Rp 10,000,000,000.00 (ten billion rupiah).
Article 109
Everybody who does effort and/or activity without having environmental
license as meant in Article 36 paragraph (1) will be punished by imprisonment
minimum 1 (one) years and maximum 3 (three) and fine minimum Rp
1,000,000,000.00 (one billion rupiah) and maximum Rp 3,000,000,000.00
(three billion rupiah).
Article 110
Everybody who arranges AMDAL without having certificate of AMDAL
arrangement competency as meant in Article 69 paragraph (1) point i will be
punished by imprisonment maximum 3 (three) years and fine maximum Rp
3,000,000,000.00 (three billion rupiah).
(1)

(2)

Article 111
Officer who gives environmental license who issues environmental
license without completion of AMDAL or UKL-UPL as meant in Article
37 paragraph (1) will be punished by imprisonment maximum 3 (three)
years and fine maximum Rp 3,000,000,000.00 (three billion rupiah).
Officer who gives license of effort and/or activity who issues license
36

and/or activity without completion of environmental license as meant

in Article 40 paragraph (1) will be punished by imprisonment
maximum 3 (three) years and fine maximum Rp 3,000,000,000.00
(three billion rupiah).
Article 112
Every officer who has authority intentionally does not do inspection to
obedience of person in charge of effort and/or activity according to law
regulation and environmental license as meant in Article 71 and Article
72, which causes environmental pollution and/or damage that causes
humans death, will be punished by imprisonment maximum 1 (one) years
and fine maximum Rp 500,000,000.00 (five hundred million rupiah).
Article 113
Everybody who gives counterfeit information, mislead, missing
information, damage information, or gives wrong information in regard of
inspection and law enforcement of environmental protection and
management as meant in Article 69 paragraph (1) point j will be punished
by imprisonment maximum 1 (one) years and fine maximum
Rp1.000.000.000,00 (one billion rupiah).
Article 114
Every person in charge of effort and/or activity who does not implement
governments enforcement will be punished by imprisonment maximum 1
(one) years and fine maximum Rp1.000.000.000,00 (one billion rupiah).
Article 115
Everybody who intentionally prevents, hinders, or fails implementation of duty
of environmental inspection officer and/or investigation officer of government
will be punished by imprisonment maximum 1 (one) years and fine
maximum Rp 500,000,000.00 (five hundred million rupiah).

(1)
(2)
(3)

Article 116
If environmental criminal action is done by, for, or on behalf of business
activity, criminal pursuit and criminal sanction is given to:
a. business activity; and/or
person who gives instruction to do the said criminal action or person as
chairperson of activity in the said criminal action.
If environmental criminal action as meant in paragraph (1) is done by
person, which is based on work relationship or other relationship who
works in scope of law body, criminal sanction is given to instruction giver
or chairperson in the said criminal action without considering the said
criminal action has been done by himself or together.

37

Article 117
If criminal pursuit is submitted to instruction giver or chairperson in the
criminal action as meant in Article 116 paragraph (1) point b, criminal threat
that is given is as imprisonment and fine which is one-third higher.
Article 118
Toward criminal action as meant in Article 116 paragraph (1) point a,
criminal sanction is given to law body which is representative by
authorized manager representatives inside and outside court according to
law regulation as functional doer.
Article 119
Besides of criminal as meant in this Law, to law body the additional criminal
can be given or action role as:
a. seizure of profit which is taken from criminal action;
b. close all or part of place of effort and/or activity;
c. repair effect of criminal action;
d. make compulsory of doing anything which is neglected without right;
and/or
e. placement company under guardianship maximum 3 (three) year.
(1)

(2)

Article 120
In implementing determination as meant in Article 119 point a, point
b, point c, and point d, prosecutor is coordinated with institution who
is responsible in division of environmental protection and
management to implement execution.
In implementing determination as meant in Article 119 point e,
Government has authority to manage law body which sanction of
placement company under guardianship to implement courts decision
that has a fix law enforcement.
CHAPTER XVI
TRANSFER STIPULATION

(1)
(2)

(1)

Article 121
In time of prevailing this Law, maximum 2 (two) years, every effort and/or
activity which has license of effort and/or activity but still does not have
yet AMDAL document shall complete environmental audit.
In time of prevailing this Law, maximum 2 (two) years, every effort and/or
activity which has license of effort and/or activity but still does not have
yet UKL-UPL shall make document of environmental management.
Article 122
In time of prevailing this Law, maximum 1 (one) year, every arranger of
AMDAL shall have certificate of AMDAL arranger competency.
38

(2)

In time of prevailing this Law, maximum 1 (one) year, every environmental

shall have certificate of AMDAL auditor competency.

Article 123
Every license of environmental management which has been issued by
Minister, governor, or regent/mayor according to authority shall be integrated
into environmental license maximum 1 (one) year after enactment of this Law.
BAB XVII
CLOSING STIPULATION

Article 124
In time of this Law is start to be effective, all law regulations which are
implementation regulations from Law No. 23 of 1997 regarding Environmental
Management (State Gazette of Republic Indonesia Number 68, Addendum of
State Gazette Republic Indonesia Number 3699) is stated still effective as long
as it is not contradiction or not yet replaced by new regulation based on this
Law.
Article 125
In time of this Law is start to be effective, Law No. 23 of 1997 regarding
Environmental Management (State Gazette of Republic Indonesia Number 68,
Addendum of State Gazette Republic Indonesia Number 3699) is revoked
and stated no more effective.

Article 126
Implementation regulation as mandate in this Law is enacted maximum 1 (one)
year since this Law is effective.
Article 127
This Law starts to be effective since date stipulated.
So that everybody acknowledges, instructed this Act to be attached in State
Gazette Republic of Indonesia.

Stipulated in Jakarta
On September 8, 2009
PRESIDENT OF REPUBLIC INDONESIA,
DR. H. SUSILO BAMBANG YUDHOYONO

39

Promulgated in Jakarta
On
MINISTER OF LAW AND HUMAN RIGHT OF REPUBLIC INDONESIA,
ANDI MATTALATTA

STATE GAZETTE OF REPUBLIC OF INDONESIA OF NUMBER .

40