SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 113, 2000 | (Explanation In Addition of the Republic of Indonesia State Sheet Number 3982) |
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
NUMBER 54 Year 2000
ABOUT
DISPUTE RESOLUTION SERVICE PROVIDER INSTITUTION
THE ENVIRONMENT LIVING OUTSIDE THE COURT
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,,, weighed: To implement the provisions of Article 33 paragraph (2) of the Law No. 23 Year 1997 on Environmental Management need to establish Government Regulation on the Environmental Services Provider Settlement Services Life Outside The Court;
.,, Given: 1. Section 5 of the paragraph (2) of the Basic Law of 1945;
., 2. Law No. 23 of 1997 on the Governance Of The Living Environment (sheet Of State Of The Republic Of Indonesia In 1997 Number 68, Additional State Sheet Number 3699);
., 3. Law No. 30 Year 1999 on Arbitration and Alternative Settlement Settlement (State Gazette Indonesia Year 1999 Number 138, Additional Gazette State Number 3872);
DECIDED:
.,, SET: A GOVERNMENT REGULATION ON THE INSTITUTION OF PROVIDING THE SERVICES OF THE SETTLEMENT OF THE ENVIRONMENTAL DISPUTE OUTSIDE THE COURT.
BAB I
UMUM PROVISIONS
Section 1
In this Government Regulation referred to by:
., 1. The institution of the service provider is the subject of a living environmental dispute, which is then called the institution of a free and unaligned institution whose duty is to provide services to the parties who dispute it. An underlying system is a unit of interest in the Cloud Service, and is subject to the following:
., 2. A dispute over the dispute is a dispute between two or more of the parties or is believed to be pollution and/or destruction of the environment;
., 3. The choice of a living environment dispute is the form of a voluntary environmental dispute settlement between the parties outside the castration through a third neutral party;
., 4. A third party is either a third party that has the authority to take a (Arbiter) decision or that does not have the authority to make a decision (Mediator or other Third Party);
. .5. An arbitrator is one or more of the parties who have been selected by the disputing parties to provide a ruling on the environmental dispute over which the settlement is passed by arbitration;
., 6. A mediator or other third party is a person or more is appointed and accepted by the parties who dispute in the framework of a living environment dispute that does not have the authority to make decisions;
., 7. The parties are subject of legal either according to civil law or public law disputes in the field of living environment;
., 8. A responsible instance is an instance responsible in the field of environmental impact control;
9. The Minister is the Minister tasked with managing the environment of life.
Section 2
The settlement of the environmental dispute outside the court is the choice of the parties and is voluntary.
Section 3
In the event that the parties have chosen an attempt to resolve the environmental dispute outside the court, the lawsuit through the court can only be reached if the attempt is declared not to be written in writing by one or the parties. dispute or, one or the disputable parties withdraw from the talks.
Section 4
The parties are free to determine the services provider ' s institutions that help settlement of the environmental dispute.
BAB II
INSTITUTIONAL
The First Part
Common
Section 5
Service provider agencies can be formed by the government and/or society.
Section 6
The service provider institution provides a living environment dispute settlement services service by using the help of arbitrators or other mediators or third parties.
Section 7
The services provider provides services to the settlement of environmental disputes in all areas of the Republic of Indonesia.
The Second Part
The Service Provider Institution Set Up By The Government
Section 8
.,, (1) The service provider ' s agencies can be formed by the central government and/or local government.
., (2) The institution of the service provider set up by the central government is set by the Minister and based on the agencies responsible in the field of environmental impact control.
.,, (3) The institution of the service provider set up by the local government is designated by the Governor/Regent/Waalikota and is based in the agencies responsible for the area of environmental impact control concerned.
Section 9
.,, (1) In carrying out the duties of the service provider agency as referred to in Article 8 of the paragraph (1) assisted by the Secretariat.
.,, (2) The Secretariat that assists the services provider agencies as referred to in Article 8 of the paragraph (2) is carried out by the agency responsible in the field of environmental impact control.
.,, (3) The Secretariat that assists the services of the services provider as referred to in Article 8 of the paragraph (3) is carried out by the instances responsible in the area of environmental impact control concerned.
.,, (4) the Secretariat as referred to in paragraph (1) has the duty of providing arbitrators and mediators or other third parties by providing a list of calls from arbitrators and/or mediators and/or other third parties who have been Appointed by the Minister/Gubernur/Bupati/Mayor.
.,, (5) The Secretariat is required to disseminate information to the public on the call of the arbitrators and the mediators or other third parties who have been appointed as referred to in Article 10 of the paragraph (2).
Section 10
., (1) The institution of the service provider set up by the government as referred to in Article 8 of the paragraph (1) has a membership consisting of a professional workforce in the field of living environment that is derived from the government of the public.
.,, (2) The membership of the service provider institution as referred to in paragraph (1) in the central government is appointed by the Minister and in the local government appointed by the Governor/Bupati/Mayor, serving as arbitrator and/or mediator and/or third party Otherwise.
.,, (3) The tenure of membership of the service provider institution for 5 (five) years and may be reappointed for the next one period.
.,, (4) To be a member of the institution of a service provider must meet the requirements as follows:
., a., a. capable of doing legal action;
., b. at least 35 (thirty-five) years for arbitrators and at least 30 (thirty) years for mediator or other third party;
., c. has experience as well as actively controlling in the field of living environment at least 15 (fifteen) years for arbitrators and at least 5 (five) years for the mediator or other third party;
., d. there is no objection from the public as referred to in Article 11 of the paragraph (2); and
e. have the delay to negotiate or discontinue.
Section 11
.,, (1) Membership as referred to in Article 10 cannot be dismissed before its term expires, except:
., a., a. dead of the world;
., b. It's proven to commit a felony basis based on a court ruling that has a fixed legal force;
c. resign.
.,, (2) The membership of the services provider (s) as referred to in Article 10 of the paragraph (2) is required first to the public within a term of at least 1 (one) month to find out any/or no objection from the public.
The Third Part
The Yan Services Provider Institution Is Formed By The Public
Section 12
.,, (1) The establishment of a service provider set up by the public is made with a notarized deed.
.,, (2) To be a member of the service provider agency must meet the severing of the following:
., a., a. capable of doing legal action;
., b. at least 35 (thirty-five) years for arbitrators and at least 30 (thirty) years for mediator or other third party;
., c. has experience as well as actively taking control in the field of living environment at least 15 (fifteen) years for arbitrators and at least 5 (five) years for mediator or other third party;
D. have the skills to perform negotiations or disclaiers.
., (3) The further provisions of the institution of the service provider set up by the public as referred to in paragraph (1) are specified in the Base Budget and the Budget of the House of the Union.
Section 13
The establishment of a service provider agency by the public as referred to in Article 12 of the paragraph (1) is mandatory:
., a., a. at the center on the agency responsible in the field of environmental impact control;
., b. in the area on the agency responsible in the area of environmental impact control concerned.
BAB III
NEUTRAL THIRD PARTY DESIGNATION REQUIREMENT
The First Part
The arbitrator
Section 14
Members of service providers that can be designated as arbitrators by the parties are subject to arbitration provisions.
The Second Part
Mediator or Other Third Party
Section 15
Member of the service provider of services that may be designated as a mediator or other third party by the parties must be eligible:
a. agreed to by the parties to the dispute;
., b. Neither has a family relationship between blood or blood. Until the second degree with one of the disputs;
c. does not have a working relationship with one of the disputed parties;
., d. It has no financial or other interest in the parties ' agreement;
e. has no interest in the negotiating process nor its results.
Section 16
The people who are running as arbitrators or mediators or other third parties as referred to in Article 10 of the paragraph (2) and Article 12 are bound to the ethical code of the profession and its development is carried out by the association of the professed profession. concerned.
BAB IV
SET THE WAY TO THE ENVIRONMENTAL DISPUTE SETTLEMENT
THROUGH THE SERVICE PROVIDER INSTITUTION
The First Part
Request Management
Section 17
.,, (1) The parties or one of the disputable parties may apply for assistance for the settlement of the environmental dispute to the institution of the service provider with the stews delivered to the responsible agency in the field Environmental Impact Control of the Regions in question as referred to in Article 8 of the paragraph (2) and verse (3).
.,, (2) The instalment that receives assistance for the completion of the environmental dispute within the longest 30 (thirty) days of mandatory verification of the truth of the facts regarding the dispute resolution request the living environment as it is referred to in paragraph (1) and convees its results to the institution of a service provider that accepts the application of a living environment dispute resolution.
.,, (3) the service provider (s) in no more than 14 (fourteen) days of receipt of the verification as referred to in paragraph (3) is required to invite the parties concerned.
Section 18
The manner management application of a dispute resolution through a service provider agency that the government set up as referred to in Article 17 is further set up by the Chief of the agency responsible.
The Second Part
Arbitration
Section 19
Set the way of the environmental dispute settlement through the arbitrator subject to arbitration provisions.
The Third Part
Mediator or Other Third Party
Section 20
The disputed parties are entitled to vote and designate a mediator or other third party of the service provider agency set up as referred to in Article 8 of the paragraph (1) and Article 12 of the paragraph (1).
Section 21
.,, (1) The resolution of a dispute through a mediator or other third party as referred to in Article 20 is subject to a deal made between the parties in dispute involving the mediator or other third party.
(2) The agreement as referred to in paragraph (1) may contain another:
., a., a. disputed issues;
B. the full name and residence of the parties;
c. Full name and residence of mediator or other third party;
D. the place of the parties carrying out negotiations;
e. term of time or length of dispute resolution;
f. the statement of the willingness of the mediator or other third party;
., g. a statement of the willingness of either party or the parties in dispute to bear the cost;
., h. the disclosure of the disclosure and/or statement of offending or personal assault;
i. the presence of observers, experts and/or nara sources;
., j. The prohibition of disclosure of certain information in the process of deliberation disputes in deliberation to the public;
No, The ban on disclosure of records from the process as well as
Section 22
.,, (1) In the process of dispute settlement, the appointment of a mediator or other third party may be deemed invalid or null and void:
., a., a. Other mediators or other third parties show the partis; and/or
., b. mediaotr or other third parties hide information about the terms that are supposed to be fulfilled as referred to in Article 15.
.,, (2) In the case of a mediator or other third party meets the reason as referred to the paragraph (1) then:
., a., a. mediators or other third parties are required to resign; or
B. Either party or one of the parties has the right to stop the service.
Section 23
.,, (1) Disputed parties or any of the parties in the process of dispute settlement at any time are entitled to withdraw from the negotiations.
.,, (2) If the disputed parties will withdraw from the mandatory talks informed in writing to the mediator or other third party.
.,, (3) If either party will withdraw from the conscripted talks it is written in writing to other parties and mediators or other third parties.
Section 24
.,, (1) The agreement reached through the dispute settlement process by using a mediator or other third party is required to be poured in the form of a written agreement on top of the bermeted paper which contains among others:
., a., a. the full name and residence of the parties;
B. the full name and residence of the mediator or other third party;
c. Brief description of the dispute;
D. establishment of the parties;
e. the consideration and conclusion of a mediator or other third party;
f. deal content;
G. terms of execution of the deal contents;
h. a place for execution of a deal;
i. The one who carries out the deal.
., (2) The content of the agreement as referred to in paragraph (1) of the letter f may be among other things:
., a., a. the form and magnitude of the damages; and/or
., b. Perform certain actions in order to ensure that it does not occur or has a negative impact on the environment.
.,, (3) The charge for performing certain actions as referred to in paragraph (2) letter b is charged to the responsible for the business and/or activities that have defiled and/or damaged the environment.
.,, (4) The agreement as referred to in paragraph (1) is signed by the parties and the mediator or other third party.
.,, (5) Within the longest 30 (thirty) days of the date of the signing of such agreement, the original sheet or an authentic copy of the deal is submitted and registered by a mediator or other third party or one of the parties Or the parties that dispute over the Panitera of the Court of State.
BAB V
THE PROVISION OF THE SERVICES PROVIDER
The First Part
Arbitration
Section 25
The cost of the settlement of the environmental dispute through arbitrator is subject to the arbitrator provision.
The Second Part
Mediator or Other Third Party
Section 26
.,, (1) The charges for a mediator or other third party are charged for the willingness of either party or party to the dispute as referred to in Section 21 of the paragraph (2) of the non-binding g or other source of the funds;
., (2) Charges for a mediator or other third party on a service provider set up by the Government in addition to being charged upon the willingness of either party or the parties or other non-binding sources of funds as referred to in verse (1) may also be charged to the government.
The Third Part
Secretariat
Section 27
All required secretaryness charges are charged to:
., a., a. The central government on the expenditure budget of the agencies is responsible for the field of environmental impact control.
., b. Local governments on the expenditure budget of the agencies are responsible in the areas of environmental impact control concerned.
BAB VI
CLOSING PROVISIONS
Section 28
This Government Regulation is set to apply 8 (eight) months from the date of the invitation.
In order for everyone to know it, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.
.,, Set in Jakarta
on July 17, 2000
PRESIDENT OF THE REPUBLIC OF INDONESIA,
ABDURRAHMAN WAHID
Promulgated in Jakarta
on July 17, 2000
REPUBLIC OF INDONESIA STATE SECRETARY
DJOHAN EFFENDI
ADDITIONAL
STATE SHEET RI
| No. 3982 | (Explanation Of 2000 State Sheet Number 113) |
EXPLANATION
Above
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
NUMBER 54 Year 2000
ABOUT
DISPUTE RESOLUTION SERVICE PROVIDER INSTITUTION
THE ENVIRONMENT IS OUTSIDE THE COURT.
UMUM
.,, in the management of the live environment there is often a live environmental dispute that is a matter of data between two or more parties. This is due to the presence of or suspected of pollution and/or destruction of the environment. In the event of an environmental dispute the disputed party may choose to complete the question either through trial or outside the court in principle it is an attempt to drive improvement and increase in the role of the conflict. Deliberation in resolving any environmental dispute between the parties, which relates to the loss suffered by one of the parties due to the other party's debutations. The principle of preferring the resolution of the environmental dispute is through deliberation. The use of the principle of deliberation to resolve a dispute applies generally throughout the Republic of Indonesia and this corresponds to Indonesian culture as set forth in the fourth sila of Pancasila which is the basis of the country. And the view of the Indonesian people.
.,, the institution of the provider of services as an alternative, therefore its use is highly dependent on the parties ' agreement to determine its choice either by the government and that is shaped by the public. Under Article 33 of the Law No. 23 of 1997 on Environmental Management, the government and/or society may form the institution of a free and impartial environmental dispute resolution service provider. Its implementation is governed by the Government Regulation. The establishment of this lembaha is intended to include an alternative environmental dispute resolution outside the court of good through the other third party, which does not have the authority to obtain a more fair outcome and may be able to achieve a more favorable outcome. accepted by all parties in a fast time at a cheap cost. In the presence of an alternative settlement of environmental disputes outside the court is expected to increase the observance of the community to a system of value that aspilees the deliberations. As such, it is expected that institutions of environmental dispute settlement services can be taken as part of the wisdom of the environmental arrangement and the cornerstone development of stakeholdership in the management of the environment.
.,, the institution of the environmental dispute settlement services is an independent and impartial body whose job is to provide assistance to the parties with disputes using a third neutral party set up by the government. Nor is it formed by the public.
SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
.,, pretty clear.
Section 3
.,, pretty clear.
Section 4
.,, pretty clear.
Section 5
.,, pretty clear.
Section 6
.,, pretty clear.
Article 7
.,, pretty clear.
Article 8
.,, pretty clear.
Article 9
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Verse (5)
.,, the Dissemination of call-list information can be done among others via bulletin boards, print media and electronic media.
Article 10
.,, Verse (1)
.,, membership of the institution of service providers formed by the government of various societies is meant to be able to reflect the interests of the various parties.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, pretty clear
Letter e
.,, In other provisions referred to by people who have the skills to conduct talks or disclaiers are people who have had experience resolving environmental disputes or have followed suit education/training negotiations organized by accrued institutions.
Article 11
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the announcement of a member of the service provider ' s agency to be appointed is done among others through the bulletin board, print media and electronic media.
Article 12
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, In this provision referred to people who have the skills to conduct talks or disclaiers are people who have had experience resolving environmental disputes or have followed suit education/training negotiations organized by accrued institutions.
Verse (3)
.,, pretty clear
Article 13
.,, pretty clear.
Section 14
.,, pretty clear.
Article 15
.,, pretty clear.
Section 16
.,, referred to by the profession ' s code of ethics is a code of conduct created by the association of professions in the area of the settlement of the environmental dispute.
Section 17
.,, pretty clear.
Article 18
.,, pretty clear.
Section 19
.,, pretty clear.
Section 20
.,, pretty clear.
Section 21
.,, Verse (1)
.,, an agreement made between the parties in dispute involving a mediator or other third party is made in written form.
Verse (2)
.,, pretty clear
Article 22
.,, pretty clear.
Section 23
.,, pretty clear.
Section 24
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the letter a
.,, pretty clear
Letter b
.,, which is meant by certain actions between other means of rescue and/or countermeasures and/or the recovery of the living environment.
The recovery measures include activities to prevent the same incident from later on.
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear
Section 25
.,, pretty clear.
Article 26
.,, Verse (1)
.,, the cost of settlement disputes by mediators or other third parties may include honorarium and travel expenses.
Verse (2)
.,, these provisions are a consequence of the service provider agencies set up by the Government which is a public service. Therefore the principle of charge for a mediator or any other third party may be charged on the Government. But due to the limitations of current government funds, it is possible that it is charged with the agreement of the parties disputing and/or derived from other sources of funds such as the use of environmental funding mechanisms and/or Other sources are non-binding.
The financing that comes from other sources of funding must be done transparently and can be accounted for publicly.
Section 27
.,, pretty clear.
Article 28
.,, pretty clear.
