Job Creation Bill Erases Environmental Business Permit Provisions

TEMPO.CO, Jakarta - The environmental permit provisions have been dropped from the latest omnibus law on the job creation draft (RUU Cipta Kerja). The government replaces it with what they call "environmental agreement" to simplify the requirements to obtain basic business licensing and land procurement. 

“Environmental permits has been erased and is replaced by business licensing,” said the Indonesian Centre for Environmental Law (ICEL) Director Raynaldo Sembiring in a written statement on Thursday, February 13. 

Raynaldo estimates that the changes will make it difficult to hold environmental criminals accountable for their actions. He also argues that the provision will potentially curb people’s access to law enforcement. 

Environmental permits are required to obtain a business permit as stated in the now-erased Article 40 (1) No.32/2009 on Environmental Protection and Management. The aforementioned Article oversees businesses that would have their permits revoked or updated every time changes are introduced to such business. 

“This provision in Law No. 40 has been erased,” he said. 

Moreover, the annulment of environmental permit provisions was questioned by Commission VII of the House of Representatives (DPR) legislator, Kardaya Warnika. He argues that erasing it will potentially cause more environmental damage in Indonesia, which already suffers from it despite having a law that oversees environmental violations.

“Mining corporations would run from their responsibilities in the job creation draft law. It could be that only Indonesia, from all the countries in the world, that does not demand an environmental permit for mining activities,” said the Gerindra Party politician to Tempo on Thursday, Feb. 13.

BUDIARTI UTAMI PUTRI