Environmental Impact Assessment in Indonesia

Indonesia has a long history of developing EIA system. Following national environment protection act (NEPA-USA), Indonesia creates UU RI no.4/1982 stated that all investor must do environment impact assessment. Government develop the regulation into Government Regulation no 29/1986. In 1993 government, create general EIA guidance in Government Regulation no 51/1993. They developed the guidance in more detail that stated that EIA document must contain; EIA framework, EIA, environment management and monitoring plan. In 1999, they revised the ordinance into Government Regulation no 27/1999. In 2009, they upgraded it into higher level regulation and became Environment Protection and Management Act. In 2012, they developed Environment Permit Act and new EIA Guidelines.

Indonesia EIA system that known as AMDAL (Analisis Mengenai Dampak Lingkungan). From Environment Protection and Management Act No. 32/2009, AMDAL is assessment of the significant impact of business and planned activities on the environment necessary for the decision-making process regarding business and activity. AMDAL & its overall management rests with Deputy of Environment Management under Ministry of Environment. Under the new regulation, there will be an agency at every government level called Environment Monitoring Agency or BPLH to manage AMDAL in coordinate with Ministry of Environment.

Environment Protection and Management Act No. 32/2009 classify AMDAL under its significance. There are three classifications; activity with significant impact, activity without significant impact and micro business activity without significant impact. Activity with significant impact required EIA and environmental permit in order to gain business permit. Activity without significant impact did not require EIA, but they must have Environmental Management and Monitoring Reports or Small Scale EIA in order to get Environmental Permit for gaining Business Permit. Micro business activity without significant impact did not require EIA, but they must submit environmental management letter as proof that they willing to preserve the environment.

Environment Protection and Management Act No. 32/2009 also define significant impact based on the following criteria;

• Amount of residents who will be affected by the project

• Total area that affected by the project

• Intensity and duration of the impact

• Other environmental components that will be affected

• The cumulative impact

• Reversibility of the impact

• Other criteria in accordance with the development science and technology

On the other hand, business and activities that have a significant impact that must have EIA consists of;

• Change of landforms and landscapes;

• Exploitation of natural resources, both renewable and non-renewable;

• Processes and activities that potentially can lead to contamination and damage to the environment and depletion of natural resources;

• Processes and activities that may affect the natural environment, built environment, and the social and cultural environment;

• Processes and activities that will influence the preservation of natural resource conservation and protection of cultural heritage;

• Introducing of plants, animals, and microorganisms into ecosystem;

• Manufacture and use of biological and non-biological materials;

• Activities that have a high risk and affecting the national defenses;

• Application of the technology is expected to have high potential to affect the environment.

There are some considering regarding creation of Environment Protection and Management Act. According to our constitution, healthy environment for living is a human right, and Indonesia economic development based on sustainable development and environmentally sound. Environment quality is decreasing every time, and local and central government must work together to manage the environment. Government must protect every Indonesian people right to seek for a good environment condition. Government decide to assign Environment Protection and Management Act No. 32/2009 as a tool to accommodate thus needs.

There are some improvement compare to the prior act as follows,

• EIA and Small EIA are one of the instrument to prevent pollution and destruction to the environment

• EIA Compiler is required to acquire a license as an EIA Compiler from certain Institution

• EIA Committee must have EIA Judge license

• EIA and Small EIA are requirements to gain Environment Permit

• Environment Permit is given by ministry, governor or mayor according to their jurisdiction

Moreover, there are some additional rule about violation of EIA,

• Sanction for activity without environment permit

• Penalty for a person who compiles EIA document without license

• Punishment for government officer who gives environment permit without EIA

Civil and criminal penalties given for violation above.

Additional rules regarding EIA are;

• Government Regulations

• 27/2012 Environmental Permit

• Regulation of the Minister of the Environment

• 24/2009, EIA Document Assessment Guide

• 05/2012, Business Type or activities must be equipped with the Environmental Impact Assessment

• 16 /2012 on Guidelines for Preparation of Environmental Document

• 17/2012, Guidelines for Community Involvement in the process of EIA and Environmental Permit

• 11/2008 on About Competency Standard of EIA Practitioner and Training Institute for EIA

According to Environment Protection and Management Act No. 32/2009, EIA Process can be described as diagram below.

First, the EIA committee will decide whether the activity proposed required EIA or not. If it doesn’t need, owner can start to create environmental protection and management statement. Once it completed and approved by EIA committee, municipality can issue Environment Permit. If it requires an EIA, owner must start conducting EIA in the activity location.

There are some relevant parties that must involved in the making of EIA document;

• Government

Central Government à Ministry of Environment

Provincial Government à Provincial Environmental Agency

City Government à City Environmental Agency

• Project Owner

• Consultant and Technical Staff

• Public

Affected Society

Local Leader

Religious Leader

NGO

• The EIA Committee

Independent party consist of government, public, expert and NGO

The AMDAL committee including more public representatives has extended the review concept to regional planning activities and speeded up the process. BPLH has also been given greater responsibilities for supervising EIA procedures. All projects implemented since 1987 need to be reviewed. Public participation is allowed at any stage of EIA process, at the discretion of the committee. Federal agencies are also required to disclose information to the public.

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