Environmental Pollution Due To Smoke Is Increasing. How Does Indonesian Environmental Regulation Regulate It?
From : A.M Oktarina Counsellors at Law
Contributors : Pramudya Yudhatama, S.H., Raysha Alfira, S.H., Khaifa Muna Noer Uh’Dina, S.H., Putri Shaquila, S.H.
Reviewer : Noverizky Tri Putra Pasaribu, S.H., L.L.M (Adv), Aflah Abdurrahim, S.H.
A. Background
Environmental pollution is one of the factors that affect the quality of life of creatures around it so that the problem of environmental pollution is one of the most crucial things. Many pollutants are rife in everyday life that we encounter such as air, water, soil pollution. All of these pollution occur due to several factors. The causative factors of pollution itself are very many, one of that is from natural processes, humans, and other factors. Recently, the DKI Jakarta area is experiencing air pollution that may be caused by highly polluting activities, that may cause unhealthy air levels that may be indicated to come from outside DKI Jakarta and carried through the wind to the capital city that may disrupt community activities in Jakarta and may interfere with public health, namely increasing symptoms of Acute Respiratory Infection (“ARI”). So, what are the regulations governing compliance that should be obeyed by the community and factories in maintaining the environment to be free from excess pollutants?
B. Legal Base
- Law Number 32 of 2009 concerning Environmental Protection and Management (“PPLH Law”)
- Regulation of the Minister of Health of the Republic of Indonesia Number 2 of 2023 concerning Regulations for the Implementation of Government Regulation Number 66 of 2014 concerning Environmental Health (“Permenkes 2/2023”)
- Regulation of the Minister of Environment and Forestry Number 14 of 2020 concerning Air Pollution Standard Index (“Minister of Environment and Forestry 14/2020”)
- Law of the Republic of Indonesia Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law (“Ciptaker Law”).
In recent weeks, the weather in Indonesia, especially in this metropolitan city, is not supportive where Jakarta is currently entering the dry season, so it has caused anxiety for the community in carrying out their daily activities. Currently, the Government still has differences of views with researchers related to air monitoring and air pollution, especially regarding the issue of PLTU. But indications of air pollution in Jakarta that occur not only come from PLTU, but come from outside Jakarta as well, A number of areas are tracked to be subscribed to red pollution zones, including Jakarta, South Tangerang and other areas in Banten, Pontianak and a number of cities in West Kalimantan, to Greater Bandung (as the link attached).
Basically, things that cause air pollution other than vehicles and power plants, namely factories that carry out activities that produce air pollution, therefore it is appropriate for the party responsible for these activities to comply with environmental regulations set by the Government, with the issuance of the PPLH Law, that specifically regulates procedures for protecting and managing a good and healthy environment so as not to disturb the ecosystem and Health for the communities affected. It is the responsibility of the government to create a healthy living environment for its people and get education on the environment because it is a community right that must be obtained as stipulated in Article 65 paragraph (1) and paragraph (2) of the PPLH Law that reads:
Article 65 paragraph (1) of the PPLH Law:
- “Everyone has the right to a good and healthy living environment as part of human rights.
- Everyone has the right to environmental education, access to information, access to participation, and access to justice in fulfilling the right to a good and healthy environment”.
Air pollution caused by PLTU is included in the Environmental Destruction Act, where the definition has been explained in Article 1 number 16 of the PPLH Law, that reads:
Article 1 number 16 of the PPLH Law:
“Environmental destruction is the action of people who cause direct or indirect changes to the physical, chemical, and/or biological properties of the environment so as to exceed the standard criteria of environmental damage”.
That basically activities that are generally carried out by the community in conducting business and / or activities are required to first have an environmental impact analysis (“Amdal“) as explained in Article 1 number 11 of the Ciptaker Law that reads:
Article 1 number 11 of the Ciptaker Law:
“Environmental Impact Analysis, hereinafter referred to as Amdal, is a study of the important impacts on the Environment of a planned business and/or activity, to be used as a prerequisite for decision making on the operation of a business and/or activity and contained in Ben-rsaha Licensing or approval from the Central Government or Regional Government”.
Where every effort made by the community that has an impact on the environment must implement Amdal as appropriate, as stipulated in Article 22 paragraph (1) of the PPLH Law that reads:
Article 22 paragraph (1) of the PPLH Law:
“Every business and/or activity that has an important impact on the environment must have an EIA”.
In the category of air pollution caused by an activity carried out by the community, especially what is currently happening in this metropolitan city, that may be seen from the air pollution standard index itself by regulating it in Article 1 number 1 of Regulation of LKH 14/2020 that reads:
Article 1 number 1 of Regulation of LKH 14/2020:
“The Air Pollution Standard Index hereinafter abbreviated as ISPU is a number that does not have units that describe the condition of ambient air quality in a particular location, that is based on the impact on human health, aesthetic values and other living things”.
If the community is currently experiencing health threats, especially ISPA due to udaara pollution pollution, then the Government of Indonesia should have an attitude in tackling in minimizing the impact that occurs on public health as in Article 7 paragraph (5) of LHK Law 14/2020 that explains that:
Article 7 paragraph (5) of LHK Law 14/2020:
“In the event that ISPU is in the category of unhealthy, very unhealthy, or dangerous, the Minister, governor, and/or regent/mayor make efforts to control air pollution in accordance with the provisions of laws and regulations”.
Based on regulations governing environmental health, with the category of unhealthy air, the person responsible for carrying out business activities that cause air pollution must pay attention in terms of environmental health aspects, namely by preventing diseases or health problems as regulated in Article 1 number 1 of Permenkes 23/2023 that reads as follows:
Article 1 point 1 of Permenkes 23/2023:
“Environmental Health is an effort to prevent diseases and / or health problems from environmental risk factors to realize healthy environmental quality both from physical, chemical, biological, and social aspects”.
Every community or person who pollutes and/or damages the environment is obliged to overcome pollution and/or damage and restore the environment by providing prior information regarding warnings of pollution that may have a detrimental impact on the surrounding community. And after the air pollution occurs, parties who carry out activities that cause air pollution are required to take recovery actions for healthy air that should be obtained by people who enjoy it that has been regulated in Article 87 paragraph (1) of the PLH Law that reads:
Article 87 paragraph (1) of the PLH Law:
“Every person responsible for a business and/or activity that commits unlawful acts in the form of pollution and/or destruction of the environment that causes harm to other people or the environment must pay compensation and/or take certain actions”.
And also, Article 87 paragraph (2) of the PLH Law that reads:
Article 87 paragraph (2) of the PLH Law:
“Every person responsible for a business and/or activity that commits unlawful acts in the form of pollution and/or destruction of the environment that causes harm to other people or the environment must pay compensation and/or take certain actions”.
This is to reduce the application of administrative sanctions given by the Minister and also criminal sanctions for environmental destruction if deliberately committing actions that cause environmental damage, especially endangering and disrupting human health as explained in Article 99 paragraph 2 of the PLH Law that reads:
Article 99 paragraph 2 of the PLH Law:
“If the act as referred to in paragraph (1) results in injury and/or danger to human health, it shall be punished with a prison sentence of not less than 2 (two) years and a maximum of 6 (six) years and a fine of at least Rp2,000,000,000.00 (two billion rupiah) and a maximum of Rp6,000,000,000.00 (six billion rupiah)”.
C. Conclusion
So in terms of preventing the emergence of excess air pollution that causes unrest and threatens health hazards to the public due to the impact of air pollution caused by PLTU that has recently hit the DKI Jakarta area, the government must be extra in responding and overcoming the risks of this, and also the party responsible for business activities that cause air pollution must still heed the regulations regarding Protection and Environmental Management that has been issued by the Government.
References:
- https://www.cnnindonesia.com/nasional/20230815131551-20-986291/kajian-pakar-emisi-pltu-ikut-sumbang-polusi-ke-jakarta
- https://www.freepik.com/premium-vector/poster-design-stop-pollution-with-children-sad-earth_6705023.htm#query=pencemaran%20polusi%20udara&position=11&from_view=search&track=ais
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