Government Regulation Number 27 1999

Original Language Title: Peraturan Pemerintah Nomor 27 Tahun 1999

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4ee2cba980ab12313231373232.html

! kc environment. AMDAL. ENVIRONMENTAL IMPACT. AREA. PP 27-1999 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 59, 1999 (explanation in an additional Sheet of the Republic of Indonesia Number 3838) GOVERNMENT REGULATION of the REPUBLIC of INDONESIA NUMBER 27 in 1999 ABOUT the ANALYSIS of the ENVIRONMENTAL IMPACTS of the PRESIDENT of the REPUBLIC of INDONESIA,.,, Considering: a. that in order to carry out the construction of environmentally conscious efforts as life and plan to manage resources wisely in sustainable development to improve the well-being and quality of life , need to be maintained harmony between various businesses and/or activities;
.,, b. that any business and/or activities are basically giving effect to the environment that needs to be analyzed from the beginning of planning, so that the negative impacts of control measures and the development of a positive impact can be prepared as early as possible;
.,, c. that the analysis of the impact of the environment necessary for the decision-making process regarding the implementation of the business plan and/or activities that have a large and important impact on the environment;
., d., that with the promulgation of Act No. 23 of 1997 on environmental management, adjustments need to be made against the Government Regulation Number 51 in 1993 about the analysis of the environmental impact;
.,, e. that based on the above, it is seen the need to establish government regulation about the analysis of the environmental impact;
.,, Considering: 1. Article 5 paragraph (1) of the Constitution of 1945;
., ,2. Act No. 23 of 1997 on environmental management (State Gazette Number 68 in 1997, additional State Gazette Number 3674);
DECIDED:.,, set: GOVERNMENT REGULATIONS ABOUT the ANALYSIS of the IMPACT of the environment.
CHAPTER I GENERAL PROVISIONS article 1 In this Government Regulation is:.,, 1. Analysis on environmental impact (AMDAL) is the study of the impact of large and important an undertaking and/or planned activities on the environment necessary for the decision-making process of the Organization of the business and/or activities;
., ,2. The impact of large and important is a change in the environment that are caused by the very basic of a business and/or activities;
., ,3. Frame of reference is the scope of study of environmental impact analysis on that is the result of scoping out;
., ,4. Environmental impact analysis (RELIABLY) is carefully and in-depth research on the impact of large and important efforts and/or activities;
., ,5. Environmental management plan (RKL) is an effort of handling a large and important impact on the environment of living brought about a result of business plans and/or activities;
., ,6. Environmental monitoring plan (RPL) is an effort of monitoring the environmental components affected by the result of the large and important business plans and/or activities;
., ,7. Initiator is the person or legal entity responsible for a business plan and/or activities that will be implemented;
., ,8. The authorized agencies are agencies that are authorized to provide the decision permits doing business and/or activities;
., ,9. The responsible agency is the agency authorized to provide the eligibility decision of the environment with the understanding that authority at the central level is at the head of the agency charged with controlling the environmental impact and on the local level on the Governor;
., .10. Agency: effort and/or activity is technically foster agency business and/or activities in question;
.,, 11. Appraisers Commission is a Commission that is in charge of assessing the environmental impact documents analysis on life with the understanding at the central level by the Commission and the Centre assessor at the local level by the Commission of the assessment area; 12. the Minister is the Minister who is tasked with managing the environment;., 13. Agencies charged with controlling the environmental impact is the responsible agencies in the field of control of environmental impact.
.,, 14. The Governor is the Governor or Governor level I Regional head of Special Areas or Special areas of Governor of the capital city of Jakarta.
Article 2, (1) analysis of environmental impacts is part feasibility study business plan activities and/or activities.
.,, (2) the results of the analysis of environmental impacts are used as ingredients of planning regional development.
.,, (3) the preparation of an analysis on the impact of the environment can be done through study of the approach to business and/or single, integrated activities or activities within the region.
Section 3.,, (1) business and/or activities that can potentially cause a huge impact on the environment and includes:.,, a. changing the shape of the land and landscapes;.,, b. the exploitation of natural resources in either the latest or not renewable;
.,, c. processes and activities that potentially can lead to waste, pollution, and damage to the environment, as well as the deterioration of natural resources in the pemafaatanya;
.,, d. processes and events which may affect the natural environment, the artificial environment, as well as the social and cultural environment;
., e., processes and activities that may affect the result will be the preservation of the region's natural resource conservation and/or protection of cultural heritage; f. introduction types of plants, animals, and the remains of miniscule;

g. the creation and the use of biological and non-biological;., h., application of technology that is thought to have great potential to affect the environment;
.,, i. activities that have a high risk of, and/or affect the defense of the country.
.,, (2) type of business and/or activities as referred to in paragraph (1) are required to have the analysis on environmental impact determined by the Minister after listening and paying attention to the advice and opinions of other Ministers and/or leadership of the Non Governmental Department concerned.
.,, (3) type of business and/or activities as referred to in paragraph (2) may be reviewed at least within 5 (five) years.
.,, (4) for the business plan and/or activities outside the business and/or activities referred to in paragraph (2) obligatory environmental management efforts and the efforts of its environmental monitoring is at the Agency: effort and/or activities.
.,, (5) Officials of the agencies authorized to publish permission doing business and/or compulsory activities include the efforts of environmental management and environmental monitoring effort in doing business permission and/or activities.
.,, (6) further Provisions on the requirements and obligations of environmental management efforts and environmental monitoring efforts as: effort and/ataukegiatan after considering the input from the agencies responsible.
Section 4.,, (1) and/or Business activities that will be built in the area that have already made an analysis on the impact of the environment is not required to make an analysis on the impact of environment again.
.,, (2) business and/or activities referred to in paragraph (1) are required to conduct environmental impact control and protection functions of the environment in accordance with the environmental management plan and environmental monitoring plan of the area.
Article 5, (1) the criteria regarding the impact of large and important a business and/or activities against environmental activities include:.,, a. number of humans will be affected;

b. impact of the spread of the area;

c. the intensity and duration of the impact beralangsung;

d. the abundance of other environmental components affected;

e. the nature of cumulative impacts;

f. turn around (reversible) or not finite (such an) impact.
.,, (2) the guidelines on the determination of the impact of large and important as referred to in subsection (1) is designated by the head of the agency charged with controlling the environmental impact.
Section 6.,, (1) analysis of the impact of the environment as referred to in article 3 paragraph (2) does not need to be made to the business plan and/or activities to cope with an emergency.
.,, (2) other Ministers and/or leadership of the Non Governmental departments: business and/or activity in question set has been terjaidnya a State of emergency.
Chapter 7.,, (1) analysis of the environmental impacts of mengendai is a requirement that must be met to get permission to do business and/or activities issued by the competent authority.
.,, (2) the application for the permit doing business and/or activities as referred to in paragraph (1) proposed by the proponent to the competent authority according to the applicable laws and regulations and must attach a feasibility decision environment of a business and/or activities referred to in article 19 paragraph (2) provided by the responsible agencies.
.,, (3) the competent authority as referred to in paragraph (2) lists the terms and obligations as provided in the environmental management plan and environmental monitoring plan as conditions permit in the doing business and/or activities that are carried out.
.,, (4) the terms of the permission do business and/or activities referred to in paragraph (3) mandatory followed and implemented by the proponent, in running the business and/or its activities.
CHAPTER II of the COMMISSION ASSESSMENT of the ENVIRONMENTAL IMPACT ANALYSIS of article 8 (1) the Commission of appraisers formed:.,, a. at central level: by the Minister;

b. at the regional levels: by the Governor, (2) the Commission of the assessment referred to in subsection (1):.,,.,, a. at the rate Centre based in the agencies charged with controlling the environmental impact;
.,, b. at regional levels based on the number of agencies charged with controlling the environmental impact of the regional level I.

.,, (3) the Commission of appraisers assess the terms of reference, environmental impact analysis, environmental management plan, and environmental monitoring plan.
.,, (4) in carrying out its work, the Commission of the Assessment referred to in subsection (1), assisted by the technical team in charge of providing technical considerations over the terms of reference, environmental impact nalisis, environmental management plan and environmental monitoring plan.
.,, (5) in carrying out its work, the Commission of the assessment centre as referred to in paragraph (1) letter a, assisted by technical teams from each sector.
.,, (6) the Commission assessor as referred to in paragraph (1) submit the assessment to the agencies that are responsible for the basic decision on the terms of reference, environmental impact analysis, environmental management plan, and environmental monitoring plan.
.,, (7) the provisions of the Commission's work about the evaluator in question, both the Center as well as the region, established by the Secretary, after hearing and pay attention to the advice/opinion of the Home Secretary and other Ministers and/or leadership of the Non Governmental Department concerned.
.,, (8) provisions on technical teamwork governance as referred to in paragraph (5) further defined by the Commission of the Assessment Centre.
Article 9.,, (1) the Commission of the assessment centre as referred to in article 8 paragraph (1) letter a consists of elements of agencies charged with managing the environment, agencies charged with controlling the environmental impact, the Ministry of Internal Affairs, the agency charged with the field of health, the agency charged with the field of Defense Security, agencies charged with national development planning agency, charged with land areas, establishments charged with science Department and/or Non Governmental departments: business and/or Government agencies to Non related Departments, the Vice Provincial level I Areas are concerned, the Deputy District/Municipality Region level II is concerned, experts in the field of environment, experts in the field concerned, environmental organizations in accordance with the scope of work and/or activities that examined, Deputy impacted communities, as well as other members.
.,, (2) the provisions on the order of a member of the Commission of the assessment centre as referred to in subsection (1) is designated by the Minister.
Section 10.,, (1) the Commission's assessment of areas referred to in article 8 paragraph (1) letter b composed of elements of the regional development planning board: level I, the Agencies charged with controlling the environmental impact, the agency charged with controlling the environmental impact of the regional level I, the agency charged the fields of investment, a government agency that is tasked to areas of land in the area, the agency charged with regional security, defense field agencies charged with the Health Region level I central agencies representatives, and/or areas: business and/or activities concerned, representatives of relevant agencies in the Provincial areas of level I, Deputy District/Municipality Region level II is concerned, the Centre for the study of the environment of the College area is concerned, experts in the field of the environment in the region, the environmental organization in accordance with the scope of work and/or activities that are examined, the citizens of affected communities , as well as other members.
.,, (2) the provisions on the arrangement of the members of the Commission assessment areas as mentioned on paragraph (1) is designated by the Governor.
Section 11.,, (1) the condition assessment centre is authorized to assess the results of the analysis of the impact of the environment for this type of business and/or activities which meet the criteria:.,,.,, a. and/or activities are strategic and/or concerning the robustness and security of the State;
.,, b. effort and/or activities that include more than one location region province region level I;
.,, c. efforts and/or activities that are located in the area of disputes with other countries; d. efforts and/or activities that are located in the area of oceans spaces;., e., effort and/or centrally located activities in cross border unity of the Republic of Indonesia with other countries;
.,, (2) regional authorities assessing the assessor Condition analysis on environmental impact for those types of efforts and/or activities that are outside the criteria referred to in paragraph (1), article 12, (1) technical team referred to in article 8 paragraph (4) composed of experts from the technical agencies: business and/or activity concerned and agencies charged with controlling the environmental impact, as well as other related fields.
.,, (2) further Provisions concerning the composition of the technical team members referred to in subsection (1) is designated by the Minister to the Commission for assessment centre, and by the Governor to the Commission assessment of the regional level I.
Article 13 in carrying out its work, the Commission of the assessment referred to in article 8 paragraph (1), compulsory pay attention to the wisdom of the national environmental management plan, development of the region, the plan of spatial areas and interests Defense Security.

CHAPTER III GOVERNANCE terms of reference of the first part of article 14, (1) the terms of reference as the basis of making environmental impact analysis prepared by the proponent.
.,, (2) the terms of reference referred to in subsection (1) prepared on the basis of the guidelines set forth by the head of the agency charged with controlling the environmental impact.
Section 3.,, (1) the terms of reference referred to in Article 14 paragraph (1) is submitted by the proponent to the responsible agencies, provided:.,,.,, a. at central level: to the head of the agency charged with controlling the environmental impact through the Commission of the assessment centre; b. at the regional level: to the Governor through the regional level I assessment Commission.
.,, (2) the Commission assessor as referred to in paragraph (1) are required to provide proof of acceptance to the initiator with the writing down of the day and the date of acceptance of the terms of reference of the environmental impact analysis of the creation.
Article 16.,, (1) the terms of reference as stipulated in article 15 is assessed by the judging Commission along with the proponent to agree on the scope of the environmental impact analysis studies that will be carried out.
.,, (2) the decision on the assessment of the terms of reference referred to in subsection (1) is required is given by the responsible agencies for a period of a maximum of 75 (seven uluh five) working days counted from the date of receipt of the frame of reference referred to in Article 15 paragraph (2).
.,, (3) when the responsible agencies do not publish a decision within the period referred to in subsection (2), then the responsible agencies deemed to accept the terms of reference referred to.
.,, (4) the responsible Agencies obliged to refuse the terms of reference referred to in subsection (2) If a plan of the location of the performance of the business and/or activity is located in a region which is not in accordance with the plan of spatial areas and/or the spatial plan of the area.
The second part of the Analysis of the environmental impacts, the environmental management plan, and environmental monitoring plans article 17.,, (1) the proponent drafting of environmental impact analysis, environmental management plan and environmental monitoring plan, based on the terms of reference that have been getting the decision of the responsible agencies.
.,, (2) the preparation of the environmental impact analysis, environmental management plan, and the plan of environmental monitoring, based on the guidelines for the preparation of the environmental impact analysis, environmental management plan, and environmental monitoring plan established by the head of the agency charged with controlling the environmental impact.
Article 18.,, (1) analysis of the environmental impacts, the environmental management plan, and environmental monitoring plan, proposed by the proponent to:.,,.,, a. at central level: the head of the agency charged with controlling the environmental impact through the Commission of the assessment centre; b. at the regional level: the Governor through the regional level I assessment Commission.
.,, (2) the Commission assessor as referred to in paragraph (1) are required to provide proof of acceptance to the initiator with a write down the day and date of receipt of the environmental impact analysis, environmental control plans, and environmental monitoring plan as referred to in paragraph (1).
Section 19.,, (1) analysis of the environmental impacts, the environmental management plan, and environmental monitoring plan were assessed:.,, a. at central level by the Commission: assessment centre;

b. at the regional level: assessment by the Commission of the region.
.,, (2) the Agency is responsible for issuing decisions the environmental eligibility of a business and/or activities based on the results of the assessment of the environmental impact analysis, environmental management plan and an environmental monitoring plan as referred to in paragraph (1).
.,, (3) environmental feasibility in the decision referred to in paragraph (2) compulsory basic consideration of issue indicated that decision, and considerations against advice, opinions and responses submitted by the local people of sebagimana referred to in article 34 paragraph (1).
Article 20.,, (1) the Agency is responsible for issuing decisions the environmental eligibility of a business and/or activities referred to in article 19 paragraph (2), within a period of a maximum of 75 (seventy five) working days counted from the date of receipt of the documents the environmental impact analysis, environmental management plan, and environmental monitoring plan as referred to in article 18 paragraph (2).

.,, (2) if the responsible agencies do not publish a decision within the period referred to in subsection (1), then the business plan and/or activity in question is deemed worthy of the environment.
Clause 21.,, (1) the Agency is responsible for restoring the analysis in the environment, environmental management plan, and environmental monitoring plans to the initiator to be repaired when the quality of environmental impact analysis, environmental management plan, and environmental monitoring plan does not comply with the guidelines for the preparation of the environmental impact analysis, environmental management plan, and environmental monitoring plan.
.,, (2) Improvement of environmental impact analysis, environmental management plan, and environmental monitoring plan was resubmitted to the responsible agencies in accordance with the provisions of article 17, article 18, article 19 and article 20.
.,, (3) assessing environmental impact analysis, environmental management plan, and environmental monitoring plan as well as the granting of environmental worthiness over decisions undertakings and/or activities carried out in accordance with the provisions of article 19 and article 20.
Section 22 (1) when the results of the Commission's assessment of the evaluators concluded that:.,,.,, a. impact of large and important negative that would be posed by the effort and/or activity in question cannot be solved by technology is available, or, b. the cost of tackling the impact of large and important negative is greater than on the benefits of large and important impact is positive that will be posed by the effort and/or activity concerned , then the Agency's responsibility to give the decision that the business plan and/or activity in question is not worthy of the environment.
.,, (2) the authorized Agency refused the application for permission of doing business and/or activities in question in a responsible agencies deliver a decision as referred to in paragraph (1).
Article 23 copy of environmental impact analysis, environmental management plan, and environmental monitoring plans, as well as a copy of the decision of the environmental eligibility of a business and/or activities delivered by:.,, a. at central level: the agencies charged with controlling the environmental impact to the authorized agencies publish permission doing business and/or activities are concerned, the relevant agencies of interested parties, the Governors and Regents/"Walikotamadya" heads of Regencies in question;
.,, b. at local level: the Governor to Ministers, heads of agencies charged with controlling the environmental impact, the authorized agencies, publish permissions doing business and/or activities concerned, and the relevant agencies.
The third part of expiration and an aborted decision the results of the impact analysis of the environment, Environmental Management Plans, Environmental Monitoring Plan section 24.,, (1) the decision of the environmental eligibility of a business and/or activities stated expiry upon the power of government regulation, when business plans and/or activities are not implemented within a period of 3 (three) years since the publication of the eligibility decision.
.,, (2) if the decision of the environmental feasibility of the stated expiry referred to in subsection (1), then to carry out the business plan and/or activities, the proponent is obligated to file a return for a provisional approval of environmental impact analysis, environmental management plan, and environmental monitoring plans to the responsible agencies.
.,, (3) against the application referred to in subsection (1) the Agency's responsibility to decide:.,,.,, a. environmental impact analysis, environmental management plan, and environmental monitoring plan was ever approved can be fully used again; or, b. the proponent is obligated to make an analysis on the impact of the new living environment in accordance with the provisions of this Regulation.
Article 25.,, (1) the decision of the environmental eligibility of a business and/or activity being the upper limit of the strength of this Government Regulation when the initiator attempts relocated and/or activities.
.,, (2) when the initiator wants to carry out business and/or activities on the site referred to in subsection (1), compulsory pemrakasa make nalisis about the new environmental impact in accordance with the provisions of this Regulation.
Article 26.,, (1) the decision of the environmental eligibility of a business and/or activity being the upper limit of the strength of this Government Regulation when the initiator change the design and/or process and/or capacity and/or the raw material and/or ingredients helper.
.,, (2) when the initiator wants to carry out a businesses and/or activities referred to in paragraph (1), then the proponent is obligated to make an analysis on the impact of the new living environment in accordance with the provisions of Peratura of this Government.
Article 27.,, (1) the decision of the environmental eligibility of a business and/or activity being the upper limit of the strength of this Government Regulation in the event of changes to the environment are very basic due to natural events or because other consequences before and at the time effort and/or activity in question was carried out.
.,, (2) when the initiator wants to carry out a businesses and/or activities referred to in paragraph (1), then the proponent is obligated to make an analysis on the impact of the new living environment in accordance with the provisions of this Regulation.
CHAPTER IV Article 28., COACHING, (1) the Agencies charged with controlling the environmental impact of doing the technical coaching against the Commission assessment centre and the region.
.,, (2) establishments that: effort and/or activities do coaching technical implementation of environmental management and monitoring as part of the permit.
Article 29.,, (1) education, training and development in the field of analysis of environmental impacts is carried out with the coordination of agencies charged with controlling the environmental impact.
.,, (2) education and training institutions in the field of environmental impact analysis regarding organized with coordination of agencies charged with controlling the environmental impact by observing the system of accreditation in accordance with the applicable provisions.
Article 30 Qualifying preparation of analysis of the environmental impacts of living with a grant of license/certification and the settings specified by the head of the agency charged with controlling the environmental impact.

Article 31 the preparation of analysis of the environmental impacts for businesses and/or activities of the weak economy helped the Government, and further defined by the Minister after paying attention to the advice and opinions of the agencies: business and/or activities concerned.

Chapter V SUPERVISION Article 32.,, (1) the initiator of the business and/or the mandatory activities report of the implementation of the environmental management plan and environmental monitoring plans to the agencies: business and/or activities concerned, the agencies charged with controlling the environmental impact and the Governor. (2) Agencies charged with controlling the environmental impact of doing:.,,.,, a. oversight and evaluating the implementation of legislation in the field of analysis of the environmental impact;
.,, b. testing reports submitted by the proponent and/or activities referred to in paragraph (1);
.,, c. delivery oversight and evaluation reports the results to the Minister on a regular basis, at least 2 (two) times within 1 (one) year, with copy to the authorized agencies issuing permits and the Governor.
CHAPTER VI INFORMATION DISCLOSURE and the ROLE of the COMMUNITY Article 33.,, (1) every effort and/or activities referred to in paragraph 3 Padal (2) is required to be announced in advance to the public before the proponent compiled an analysis on the impact of the environment.
.,, (2) the announcement referred to in subsection (1) is carried out by the responsible agencies and the proponent.
.,, (3) within a period of thirty (30) working days since the announcement of business plans and/or activities referred to in paragraph (1), citizens interested parties are entitled to ask advice, opinions, and feedback about the performance of business plan and/or activities.
.,, (4) Advice, opinions and responses referred to at paragraph 93) submitted in writing to the responsible agencies.
.,, (5) Advice, opinions, and the response referred to in paragraph (3) compulsory consideration and examined in the analysis of environmental impact.
.,, (6) of the Ordinance and the form of the announcement referred to in paragraph (1), as well as the procedures for the submission of suggestions, opinions and responses as referred to in paragraph (3) are defined by the head of the agency charged with controlling the environmental impact.
Article 34.,, (1) a mandatory interest citizens involved in the process of preparing the terms of reference, assessment terms of reference, environmental impact analysis, environmental management plan, and environmental monitoring plan.
.,, (2) the form and how to order residents referred to in subsection (1) is designated by the head of the agency charged with controlling the environmental impact.
Article 35.,, (1) all documents analysis on environmental impact, suggestions, opinions and responses to citizens concerned, the conclusions of the Commission and the decision of appraisers, environmental feasibility of efforts and/or activities are open to the public.
.,, (2) the responsible Agencies obliged to submit the documents referred to in subsection (1) to an institution and/or the documentation section.
CHAPTER VII FINANCING Article 36 the cost of implementing the activities of the Commission's assessment and the technical team of the environmental impact analysis on charged:

.,, a. at central level: on the budgets of agencies charged with controlling the environmental impact;
.,, b. at regional levels: on the budgets of agencies charged with controlling the environmental impact of the regional level I.
Article 37 the costs of the preparation and assessment of the terms of reference, environmental impact analysis, environmental management plan, and environmental monitoring plans are charged to the proponent.

Article 38, (1) the cost of the construction and technical supervision as referred to in article 28 paragraph (1) and article 32 paragraph (2) charged to the budget of agencies charged with controlling the environmental impact.
.,, (2) the cost of the announcement made by responsible agencies as stipulated in article 33 paragraph (2) charged to the budget of the agencies responsible.
.,, (3) the cost of construction of the implementation of the environmental management plan and environmental monitoring plan as referred to in article 28 paragraph (2) charged to the budget of agencies yag: effort and/or activity in question.
CHAPTER VIII TRANSITIONAL PROVISIONS Article 39 assessment of environmental impact analysis of mengendai suatuusaha and/or activities at the time of the enactment of this Regulation:.,, is in the process of assessment by the Commission of the assessment of the environmental impact analysis on that question; or, b.., already submitted to the agencies: business and/or activities concerned, remains assessed by appraisers Commission agencies concerned, and must be completed no later than 6 (six) months since government regulations apply effectively.
CHAPTER IX CONCLUDING PROVISIONS article 40 at the time of the enactment of this Regulation all legislation regarding environmental impact analysis of the existing remains valid along does not conflict with and has not been replaced based on government regulations.

Article 41 with the introduction of government regulations, the Government Regulation Number 51 in 1993 about the analysis of the environmental impact of Mengendali (State Gazette Number 84 in 1993, additional State Gazette Number 3538) declared invalid.

Article 42 of this Regulation come into force effective 18 (eighteen) months from the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia.

.,, Set in Jakarta on 7 May 1999 the INDONESIAN PRESIDENT BACHARUDDIN JUSUF HABIBIE Enacted in Jakarta on May 7, 1999 MINISTER of STATE SECRETARY of STATE of the REPUBLIC of INDONESIA, AKBAR TANJUNG COUNTRY GAZETTE EXTRA RI No. 3838 (explanation of the 1999 State Gazette Number 59) EXPLANATION for the REGULATION of the GOVERNMENT of the REPUBLIC of INDONESIA NUMBER 27 in 1999 ANALYSIS on ENVIRONMENTAL IMPACT., Development, conducted by the nation of Indonesia aims to improve the well-being and quality of life of the people. Implementation process of development on the one hand is facing the problem of a large population with a high level of value added, but on the other hand the availability of natural resources are limited. Development activities to meet the needs of the population will increase the demand for natural resources, so that there arose pressure natural resources. Therefore, the efficient use of natural resources to improve the well-being and quality of life of the present generation and future generations should be accompanied by environmental function preservation efforts. Thus, development to improve the well-being and quality of life of the present generation and future generations is the environmentally sustainable development of the environment.
., Terlestarikannya environmental function, which is the purpose of environmental management becomes the object of terlanjutnya sustainable development. Therefore, since the beginning of the planning effort and/or activities should already be predicted to change the hue of the environment due to the establishment of a new environmental conditions, either favorable or adverse, which arise as a result foot effort and/or development activities. Chapter 15 Act No. 23 of 1997 about every business plan and/or activities that may give rise to the possibility of a large and important impact on the environment required to have the analysis regarding the impact of the environment.
.,, With the inclusion of analysis of the environmental impacts into the process of planning a business and/or activity, then the decision maker will get a wider view and profound about the various aspects of business and/or activity. Analysis on the impact of the environment is one of the tools for decision makers to consider the consequences that may be incurred by a business plan and/or environmental activities in order to prepare measures to cope with the negative impact and develop a positive impact.
., Terlestarikannya environmental function, which became the object of interest is the development of terlanjutkannya throughout the community. Diselnggarakannya business and/or activities will change the hue of the environment, while these changes will in turn cause impact on society will be affected became important in the process of analysis of the impact of the environment. Act No. 23 of 1997 on managing the environment sets the right of every person to assume the role that mandatory citizens involved in the process management decisions. This means that a compulsory citizens involved in the decision-making process over the analysts about the impact of the environment. The involvement of the citizens of that society is the implementation of the principle of openness. With the involvement of the citizens of that society will assist in identifying environmental impact issues early and complete, accommodating the aspirations of local knowledge and wisdom of the community often thus became the key to the settlement of the question of environmental impact arising.
.,, Every business plan and/or activities that can potentially cause a huge impact on the environment and required to have environmental impact analysis on. As part of the feasibility study in order to execute a business plan and/or activities, analysis of the impact of the environment is a requirement yangharus met to do business permission and/or activities. It is a consequence of the obligation of any person to maintain the sustainability of the environmental functions as well as preventing and tackling pollution and destruction of the environment. A consequence is that the terms and obligations as provided in the environmental management plan and environmental monitoring plans must be attached as conditions of the permission of doing business and/or activity in question.

The SAKE ARTICLE ARTICLE article 1., 1., letters, numbers, quite obviously number 2., the large and important impact is one of the important impact of meaning. Number 3, number 4, clear enough, clear enough, number 5, number 6, clear enough, clear enough, number 7, number 8, clear enough, clear enough, number 9, Number 10, is clear enough, clear enough, Numbers 11, 12 Numbers, quite obviously, is quite clear, the number 13, Number 14, is clear enough, clear enough, article 2, paragraph (1), feasibility study, generally include analysts from the technical aspects and the economic-financial aspects.

With this clause, then the feasibility study for the venture and/or activities that pose a large and important impact on the environment of living includes a component of technical analysis, economic-financial analysis, and analysis of environmental impact. Therefore, the analysis of the environmental impact must be prepared and get the decision of the responsible agencies before construction activities business and/or activity in question was carried out.

The results of the analysis of the environmental impact can be used as input for the preparation of environmental management wisdom, in addition can be used as input for the planning of regional development.

Analysis on the environmental impact documents in particular the environmental management plan and environmental monitoring plan is also the basis in the system of environmental management (Environmental management System) and/or business activities. Subsection (2), because the analysis of the impact of the environment is part of a feasibility study of a business and/or centrally located activity on a specific ecosystem, then the results of the analysis of the impact of the environment is so important to serve as input in the planning of regional development. Paragraph (3), Business, and/or a single activity is only one type of business and/or activities of its authority under a single instance of a mebidangi effort and/or activities.

Analysis on the environmental impact of business and/or integrated activities/multisektor are the results of the study on the impact of large and important effort and/or integrated activities are planned against the environment and involve more than one instance: the activity in question.

Business criteria and/or integrated activities include:.,, a. various businesses and/or activities that have an affinity in terms of planning, management, and production process; b. efforts and/or activities that are within the unity of the expanse of the ecosystem.

Analysis on environmental impact and/or activity area is the results of the study on the impact of large and important effort and/or activities against environment in one unified ecosystem development zone stretch of wilayahyah and/or the spatial plan of the area.

Business criteria and/or development zone of activity in the area/region includes:.,, a. various businesses and/or activities related planning between each other;

.,, b. various businesses and/or activities are located in the/plan is one unified zone area/region development plan in accordance with the plan of spatial areas and/or the plan of spatial kawasam;
.,, c. efforts and/or the activity lies in the unity of the expanse of the ecosystem.

Article 3, paragraph (1), Business, and/or activities referred to in this paragraph is a category and/or activities based on experience and the level of development of science and technology have the potential of inflicting great and important impacts on the environment of living.

Thus the mention of the category and/or activities are not purely limitatif and can change according to the development of science and technology.

The mention is an alternative, as an example of such a venture and/or activities: a. the creation of roads, dam/dam, railroad, and the opening of the forest;

b. activities of the mining and forest exploitation;., c. utilization of the land that is not followed by conservation efforts and the use of energy that is not followed by a technology that can use mengefisiensikan;
.,, d. activities that cause a change or shift in the structure of the corporate values, views and/or way of life of the local community;
.,, e. activities that process and as a result cause pollution, nature conservation areas, damage or pollution of objects of cultural heritage;
., f., introduction of new types of plants or remains miniscule (micro-organisms) that can cause this type of the disease new to plants, the introduction of a new type of animal can affect the lives of animals that have been there; g. the use of biological and non biological materials includes the notion of conversion;

h. application of the technology could pose a negative impact on health. Subsection (2), quite obviously, subsection (3), science and technology is always evolving. Therefore this type of business and/or activities that are required to have an analysis on the impact of the environment, which is based on Science and technology, need to be reviewed. Subsection (4), quite obviously, subsection (5), quite obviously, subsection (6), it is pretty clear, article 4, paragraph (1), quite obviously, subsection (2), clearly Enough, article 5, paragraph (1), the criteria that determine the existence of a large and important impact in this paragraph are set based on the level of science and technology. Therefore, these criteria can change according to the development of science and technology, so it's not purely limitatif. Subsection (2), clearly Enough, article 6, paragraph (1), the definition of an emergency is the circumstances or conditions in such a way, so as to require immediate action unsettled containing risks to the environment for the sake of public interests, such as the defense of the country or the response to natural disasters. This state of daurat is not synonymous with the State of emergency as stipulated in the legislation of an emergency. Subsection (2), the State of emergency, which requires no analysis on environmental impact, for example the development of the dam/dam to withstand a catastrophic lahar, specified by the Minister that: effort and/or activity in question.

Article 7, paragraph (1),, which does something businesses and/or activities there is a permission that is dominant, without the permission of a person cannot conduct business and/or activity in question. For example a business license in the field of industry, industry Power in mining, mining permits the addition of areas in the field of mining minerals group permission rights concession C, forests in the area of forestry, farming business use rights permits in agriculture. While the decision of the environmental eligibility requirements that are required to be able to publish permission doing business and/or activities. Subsection (2), on the impact Analysis, the environmental licensing process is part of doing business and/or activities that pose a large and important impact on the environment of living. Permission is a juridical instrument of preventive. Therefore, environmental feasibility decision based on the results of the assessment of the environmental impact analysis, environmental management plan, and environmental monitoring plan, as has already been published by a government agency is responsible for the mandatory permit application attach to doing business and/or activities that pose a large and important impact on the environment of living. Paragraph (3), quite obviously, subsection (4), is quite clear, article 8, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), quite obviously, subsection (5), quite obviously, subsection (6), quite obviously, paragraph (7), quite obviously, subsection (8),, is quite clear, article 9, paragraph (1), quite obviously, subsection (2), clearly Enough, article 10, paragraph (1), representative of the agencies charged with controlling the environmental impact assessment Commission in the region could mean representatives of agencies charged with controlling the environmental impact areas with the intention of enabling alignment of wisdom there is environmental management, particularly environmental impact control with wisdom and life environmental impact control programs in the region. The appointment of the experts of the Center for the study of the environment of the College as a member of the Commission of the assessment area is to establish the quality of the results of the study on the impact of environmental analysis in assessment environmental impact analysis on. The existence of the designated representatives of the health sector in the region due to the impact of all activities ultimately always end up on the aspect of health.

Covering of environmental organizations in representatives of the Commission of Appraisers is the actualization of the rights of citizens to play a role in the decision-making process.

Environmental organizations in accordance with the scope of work and/or activities that is examined is a non-governmental organization.

Covering representative communities impacted by a business and/or activities are expected to provide input about the aspirations of communities affected by the result of the effort and/or activity.

Covering of vice establishments are: business and/or activity in question is to provide an assessment of the technical effort and/or activities are assessed. Subsection (2), clearly Enough, article 11, paragraph (1), letter a., of effort and/or activities are strategic and/or activities pertaining to State security and resilience for example: the nukklir power plant, a water power plant, power plant steam/geothermal, oil and gas exploitation, oil refinery, petrochemical industry, uranium mining, aircraft industry, industrial ship, weapon industry, industrial explosives, steel industry industrial, heavy equipment, telecommunication industry, the construction of dams, airports, pelabihan and unsaha plan and/or other activities according to the establishments that have wing and/or activities deemed strategic.

In terms of business and/or activities that are part of the trategis effort and/or integrated activities/multisektor, then the valuation analysis on environmental impact into the authority of the Commission assessment of the environmental impact analysis on the Center. The letter b, Letter c, is quite clear., Business, and/or activities that are located in the area of disputes with other countries such as: business plans and/or activity which is located on the island of Sipadan, Ligitan and Timor gap. D., letter, the letter e is quite clear, quite obviously, subsection (2), clearly Enough, article 12, paragraph (1), quite obviously, subsection (2), Article 13 clearly, enough, clear enough, Article 14, paragraph (1), the terms of reference for the creation of environmental impact analysis is the handle which is needed in the preparation of an analysis on the impact of the environment. Based on the results of scoping out, i.e. the process of centralizing study on important matters relating to the impact of large and important frames of reference, particularly load components business aspects and/or activities that pose a large and important impact on the environment of living, as well as the components of the environmental parameters that will be affected by the large and important. Subsection (2), it is pretty clear the article 15, paragraph (1), is, quite obviously, subsection (2), clearly Enough, article 16, paragraph (1), quite obviously, subsection (2), the determination of the period of time during the 75 (seventy five) working days intended to provide certainty to the initiator. A period of 75 (seventy five) working days delivery process includes the terms of reference document to the responsible agencies through a Commission assessor, assessment technically, consultation with the residents concerned, an assessment by the Commission of appraisers, until the establishment of the decision. Paragraph (3), quite obviously, subsection (4), refuses to give a decision on the reference merangka is to protect the public interest.

The terms of reference constitute the basis for the preparation of the environmental impact analysis, environmental management plan, and environmental monitoring plan. Because a good reference and can be justified scientifically will produce an analysis of the environmental impacts, the environmental management plan, and environmental monitoring plan, anyway, and vice versa. whereas the obligation to make an analysis of the environmental impacts for businesses and/or activities that give rise to the impact of large and important function is to protect the environment. The environmental protection function is public interest.

Is the spatial plan areas designated Spatial Plan is the national territory that have been set by government regulation, the plan of Spatial Region Province region of level I, and Spatial plans of Counties/Municipalities Regencies that had been set by regulation Regencies.


Is the spatial plan areas defined spatial plan is either a specific area which has been established by Presidential Decree as well as the plan of spatial urban areas as part of Spatial plans of Counties/Municipalities regencies that had been set by regulation regencies. including in terms of spatial plan area is detailed spatial plans at the District/Regional Municipality level II which includes a detailed plan (detail) in the area of spatial districts/Municipalities Regencies.

Article 17, paragraph (1), quite obviously, subsection (2), is quite clear, Article 18, paragraph (1), quite obviously, subsection (2), clearly Enough, article 19, paragraph (1), quite obviously, subsection (2),, from the environmental impact analysis can be large and important impact in mind that would be posed by the effort and/or environmental activities.

by knowing that large and important impact can be determined:.,, how to control the impact of large and important negative and develop large and important positive impact, which are listed in environmental impact management plan; and, b.., how to monitor the impact of such a large and important, that are listed in the environmental monitoring plan. What is noted in the plans of environmental management and environmental monitoring plan is a requirement and obligation that must be carried out when the initiator wants to carry out a businesses and/or its activities.

Therefore, the assessment of results over the environmental impact analysis, environmental management plan, and environmental monitoring plans by the Commission for assessment of environmental impact analysis on the basis of the responsible agencies in giving the decision to the relevant authorities. Paragraph (3), it is pretty clear, article 20, paragraph (1), the determination of the period of time during the 75 (seventy five) working days intended to provide certainty to the initiator. A period of 75 (seventy five) working days include the process of delivery of documents of environmental impact analysis, environmental management plan, and environmental monitoring plans to the responsible agencies through a Commission assessor, assessment technically, consultation with the residents concerned, an assessment by the Commission of appraisers, until the publication of the eligibility decision of the environment. Subsection (2), clearly Enough, chapter 21, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), quite obviously, section 22, paragraph (1), quite obviously, subsection (2), Article 23 is quite clear, quite obviously, section 24, paragraph (1), fast development, in line with regional development, within a period of three (3) years is likely to have occurred a change of environment, so the hue hue of the environment which was originally used as the basis for the preparation of an analysis on the impact of the environment is not suitable anymore used to mitigate the environmental impact of business plan and/or activity in question. Subsection (2), quite obviously, subsection (3), Article is quite clear, 25, paragraph (1), quite obviously, subsection (2), Article 26, is quite clear., paragraph (1).,, design changes and/or process and/or the capacity and/or the raw material and/or ingredients helper for businesses and/or activities will cause a huge impact and importance. Therefore, environmental feasibility decision based on the results of the assessment of the environmental impact analysis, environmental management plan, and environmental monitoring plans that have been published to become null and void. Subsection (2), clearly Enough, article 27, paragraph (1), the occurrence of a change of environment fundamentally means loss or hue in the above-mentioned initial environment that is the basis for preparing the environmental impact analysis. This situation gives rise to consequences of an aborted eligibility decisions based on the results of the environmental assessment environmental impact analysis, environmental management plan, and environmental monitoring plan. Subsection (2), Article 28, pretty clear., paragraph (1), quite obviously, subsection (2), it is pretty clear the article 29., paragraph (1), quite obviously, subsection (2), clearly Enough, article 30, article 31 clearly Enough,.,, aid is for the weak economy may be the cost of the preparation of the analysis of environmental impacts or experts for the preparation of an analysis on the impact of environmental or other assistance. The assistance provided by the Agency are: business and/or activities concerned.

Article 32, paragraph (1), quite obviously, subsection (2), Section 33, is quite clear., paragraph (1),, the announcement is the right of every person over information relating to the environment's role in environmental management. Paragraph (2).,, the announcement by the responsible agencies can be provided, for example, through print media and/or electronic media. While the announcement by initiator can be done by installing the Bulletin Board on site will host business and/or activities. Paragraph (3), quite obviously, subsection (4),, suggestions, opinions and responses in writing is required in order to be well documented. Subsection (5),, all suggestions and opinions raised by the citizens should be reflected in the preparation of terms of reference, examined in the analysis of the impact of environment and provided an alternative solution in the environmental management plan and environmental monitoring plan. Subsection (6),, in the announcement will host business and/or activity is informed at least, among others: about what will be produced by the venture and/or activity is concerned, the type and volume of waste generated as well as how to handle the environmental impact, it is likely that will be caused.

Article 34, paragraph (1), quite obviously, subsection (2), Article is quite clear, 35, subsection (1), quite obviously, subsection (2), Article 36, clear enough, clear enough, Article 37.,, the cost of the preparation and assessment of the environmental impact analysis regarding, among others, includes costs to bring community representatives and experts involved in the assessment on the impact of the environment, becomes a dependent initiator.

Article 38, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), Article 39, clear enough, clear enough, article 40, Article 41, it is clear enough, clear enough, Article 42.,, is quite clear