SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 68, 1997 | (Explanation in Additional State Sheet of the Republic of Indonesia Number 3699) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
NUMBER 23 YEAR 1997
ABOUT
LIFE ENVIRONMENT MANAGEMENT
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that the living environment of Indonesia as the gift and grace of the Almighty God to the people and the nation of Indonesia is the space for life in all aspects and its image in accordance with the Nusantara Insights;
., b. that in order to establish natural resources to advance general welfare such as mandated in the Basic Law of 1945 and to achieve happiness living under Pancasila, it needs to be implemented sustainable development insightful environmental insights based on a unified and thorough national wisdom by taking into account the needs of the present generation and future generations;
., c., that it is considered necessary to carry out the management of the environment to preserve and develop the environmental capabilities of a sericable, aligned, and balanced environment in order to support the lament of sustainable development of the environment. live;
., d. that organizing environmental management in the framework of sustainable development of a living environment must be based on legal norms with regard to the level of community awareness and the development of the global environment as well as an international legal device related to the environment of life.
., e. that the awareness and life of the people in relation to the management of the environment of the living environment have developed so that the subject matter as set in Law Number 4 of 1982 on the Subject Matter of the Management of the Living Environment Life Environment (State Sheet of 1982 Number 12, Extra State Sheet Number 3215) needs to be refined to achieve sustainable development goals that are insightful environmental life;
., f. that in respect of such matters in the letters a, b, c, d, and e above need to be specified the Act of the Environmental Management;
.,, Given: Section 5 of the paragraph (1), Section 20 of the paragraph (1), and Article 33 of the paragraph (3) of the Basic Law of 1945;
With Approval
THE REPUBLIC OF INDONESIA ' S REPRESENTATIVE COUNCIL
DECIDED:
Establish: LEGISLATION ON THE MANAGEMENT OF THE LIVING ENVIRONMENT.
BAB I
UMUM PROVISIONS
Section 1
In this Act referred to:
., 1. The living environment is the unity of space with all things, power, circumstances, and living things, including humans and their behavior, which affect the survival and well-being of men and other living beings;
., 2. Environmental management is an integrated effort to preserve the function of the environment that includes the discretion of the structuring, utilization, development, maintenance, recovery, supervision, and control of the environment;
., 3. Sustainable development of a living environment is a conscious and planned effort, which combines the environment, including resources, into the process of building to ensure the ability, well-being and quality of life of the present generation and to the end of the world. future generations;
., 4. Ecosystems are the environmental elements of a living environment that are completely intact and mutually important entities in shaping the balance, stability, and productivity of the environment;
. .5. The preservation of the function of the environment is a series of efforts to maintain the survival of the environment and the life of the living environment;
., 6. The power of environmental support is the ability of the environment to support human beings and other living things;
., 7. The preservation of the environment supports the ability of the environment to protect the pressures of change and/or the negative impact posed by an activity, to be able to support human perilife and the environment. other living things;
., 8. The life of the living environment is the ability of the environment to absorb the substance, energy, and/or other components that enter or put into it;
., 9. The preservation of the life of the living environment is a series of attempts to protect the ability of the environment to absorb the substance, energy, and/or other components that are thrown into it;
., 10. A resource is a living environment element consisting of human resources, natural resources, both biodiversity and nonbiodiversity, and artificial resources;
., 11. A standard of living environment is a measure of the limits or levels of a living, substance, energy, or component that exists or must exist and/or an element of contaminating its existence in a particular resource as a living environment element;
., 12. Environmental pollution is the entry or inclusion of living things, substances, energy, and/or other components into the environment by human activities so that its quality is down to a certain level that causes the environment to live. cannot function according to its tail;
., 13. The default criterion for environmental damage is the boundary size of changes in the physical and/or living environment of a living environment;
., 14. A living environment is an act that leads to a direct or indirect change to its physical and/or health nature that results in an environment of no longer functioning in sustainable development.
., 15. Conservation of natural resources is the management of renewable natural resources to ensure prudent and natural resources renewables to ensure the continuity of its availability by staying in the process of improving and improving. quality of value as well as its diversity;
16. Limbah is the rest of an effort and/or activities;
., 17. Hazardous and toxic materials are any material that is due to its nature or concentration, its number, either directly or indirectly, can be defiled and/or damaged the environment, health, human survival as well as living things. other;
., 18. Hazardous and toxic materials waste is the remainder of an effort and/or activities that contain harmful and/or toxic materials due to their nature and/or its concentration and/or its number, either directly or indirectly, can be defamatory. and/or damage the environment, and/or may harm the environment, health, human survival as well as other living things;
., 19. Environmental disputes are disputes between the two parties or are more likely to be caused by the presence of or suspected of the pollution and/or destruction of the environment;
., 20. Environmental impacts are the effect of changes in the environment that are caused by an effort and/or activities;
., 21. Analysis of the environmental impact is the study of the major impact and importance of an effort and/or activities planned on the life environment necessary for the decision making process about staging the business and/or activities;
., 22. Environmental organizations are a group of people that are formed on their own will and desires in the middle of society whose purpose and activities in the field of living environment;
., 23. A live environment audit is an evaluation process performed by an enterprise responsible and/or an activity to assess the level of obedience to the applicable legal requirements and/or the wisdom and standards set forth by the performing answer the business and/or activities in question;
., 24. A person is an individual person, and/or a group of people, and/or legal entity;
25. The Minister is the Minister to be tasked with managing the environment of life.
Section 2
The scope of the Indonesian environment includes space, the place of the Unity State of the Republic of Indonesia which encompasses the sovereignty, sovereign rights, and its jurisdiction.
BAB II
ASAS, PURPOSE, AND OBJECTIVES
Section 3
The management of the environment, which is organized with the principles of state responsibility, sustainable principles, and the benefits of the benefits of sustainable development of the environment in order to build an Indonesian human development environment. completely and the development of the Indonesian community entirely of the faith and trust of the Almighty God.
Section 4
The target of the environment management is:
., a., a. It's the harmony, the centenary, and the balance between man and the environment;
., b. It is a living environment that has an attitude and a way of protecting and fostering a living environment;
c. His spell is in the interests of the present generation and future generations;
D. The sustainability of the environment function;
e. The control of the resource utilization is wise;
., f. The State of the Republic of Indonesia is protected against the impact of its efforts and/or activities outside of the country that cause pollution and/or destruction of the environment.
BAB III
THE RIGHT, OBLIGATION, AND THE ROLE OF SOCIETY
Section 5
.,, (1) Each person has the same rights over a good and healthy life environment.
.,, (2) Each person has a right to environmental information relating to a role in the management of the environment.
.,, (3) Each person has the right to play a role in the order of the environmental management in accordance with applicable laws.
Section 6
.,, (1) Each person is obligated to maintain the sustainability of the environment function as well as preventing and tackling the pollution and destruction of the environment.
.,, (2) Any person doing the effort and/or activities is obligated to provide correct and accurate information regarding the management of the environment.
Section 7
.,, (1) The public has the same opportunity and its breadth to play a role in the management of the environment.
(2) The implementation of the provisions on the paragraph (1) above, is done in a way:
., a., a. improving self-reliance, community empowerment, and partnerships;
B. To grow the ability and the company's pioneering capabilities;
c. cultivate a public response to perform social surveillance;
D. providing an opinion advice;
e. Deliver the information and/or submit the report.
BAB IV
LIFE ENVIRONMENT MANAGEMENT AUTHORITY
Section 8
.,, (1) The natural resources are controlled by the state and used for the greater extent to the prosperity of the people, as well as its settings are determined by the Government.
.,, (2) To carry out the provisions as referred to in paragraph (1), Government:
.,
., a., a. setting and developing the wisdom in the framework of the environment management;
., b. Set up, use, use, live environment management, and natural resource utilization, including genetic resources;
., c. set up legal deeds and legal links between persons and/or other legal subjects as well as legal deeds against natural resources and artificial resources, including genetic resources;
D. controlling activities that have a social impact;
., e. developing funding for the preservation efforts of the environment function in accordance with applicable laws.
., (3) The provisions as referred to in paragraph (2) are set further by the Government Regulation.
Section 9
.,, (1) The government sets out national wisdom about the management of the environment of life and the structuring of space by keeping regard to the religious values, customs, and values that live in society.
.,, (2) the management of the environment, exercised in a unified way by government agencies in accordance with their respective fields of duty and responsibility, society, as well as other development offenders with regard to the planning allotedness and The exercise of the national wisdom of environmental management
.,, (3) The management of mandatory living environments is integrated with arrangement of space, the protection of non-biological natural resources, the protection of artificial resources, conservation of natural resources and ecosystems, cultural reserves, diversity Biology and climate change.
.,, (4) The planning and execution of the national wisdom of living environment management, as referred to in verse (2), is coordinated by the Minister.
Section 10
In order the Government's environment management is obligated:
., a., a. realize, cultivate, develop and enhance the awareness and responsibility of decision-makers in the management of the environment;
., b. embody, cultivate, develop and raise awareness of the rights and responsibility of the community in the management of the environment of life;
., c. embody, cultivate, develop and enhance partnerships between the public, the business world and the Government in the efforts of the preservation of the support and the life of the living environment;
., d. developing and implementing the national wisdom of living environment management that guarantees their support and the environmental features of the environment;
., e. developing and implementing a preemctive, preventive, and proactive device in the prevention of support and environmental performance reduction prevention;
f. utilize and develop a familiar environment familiar technology;
G. hosting research and development in the field of living environment;
., h. provide environmental information and disseminate it to the community;
., i. provide an award to a person or institution that is credited in the field of living environment.
Section 11
.,, (1) The management of a living environment on a national level is exercised in a unified way by institutional devices co-ordinated by the Minister.
., (2) The terms of the Nengenai task, function, authority and organizational arrangement as well as institutional governance as referred to in paragraph (1), are set further by the Presidential Decree.
Section 12
.,, (1) To realize the allotedness and the uniformity of the national expediation of wisdom on the management of the environment, the Government under the laws can:
.,
., a., a. Bestow certain authority management of the environment to the device in the region;
., b. Include the role of the Regional Government to assist the Central Government in the implementation of environmental management in the area.
., (2) Further provisions as referred to in paragraph (1) are governed by the laws.
Section 13
.,, (1) In order to exercise the management of the environment, the Government can submit a portion of affairs to the Local Government into its household affairs.
.,, (2) Surrender of the affairs as referred to in paragraph (1) is set with the Government Regulation.
BAB V
THE PRESERVATION OF THE ENVIRONMENT FUNCTION
Section 14
.,, (1) To guarantee the preservation of the function of the living environment, any effort and/or activities are prohibited from breaking the quality default and the default criteria of living environment.
., (2) The provisions of the environmental quality of the environment, prevention and countermeasures of pollution and the restoration of the appearance of power are set up with
Government Regulation.
., (3) The provisions of the raw criteria of environmental damage, the prevention and treatment of damage and the restoration of their support are set up with
Government Regulation.
Section 15
.,, (1) Any business plan and/or activities that are likely to generate a major and important impact on the environment, must have an analysis of the environmental impact of life.
., (2) The terms of the business plan and/or activities that pose a major and important impact on the environment, as set forth in paragraph (1), as well as the layout of the drafting and assessment of the analysis of the environmental impact of the environment. It's a government ordinance.
Section 16
.,, (1) any undertaking and/or mandatory activities perform the waste management of the business and/or activities of the activities.
.,, (2) the Responsibilities and/or activities referred to in the paragraph (1) may submit the management of such waste to other parties.
.,, (3) The provisions of the implementation of this section are further regulated by the Government Regulation.
Section 17
.,, (1) Any undertaking and/or mandatory activities perform the management of hazardous and toxic materials.
.,, (2) Management of hazardous and toxic materials including: produce, transport, circulate, store, use and/or dispose of.
.,, (3) The provisions of the management of hazardous and toxic materials are further regulated by Government Regulation.
BAB VI
LIFE ENVIRONMENT TARGETING REQUIREMENTS
The First Part
The permissions
Section 18
.,, (1) Any effort and/or activities that pose a major and important impact on the environment of mandatory life has an analysis of the environmental impact of obtaining a permit to undertake efforts and/or activities.
.,, (2) the conduct of conducting business and/or activities as referred to in paragraph (1) are granted authorized officers in accordance with applicable laws.
.,, (3) In the permission as referred to in paragraph (1) are listed requirements and the obligation to undertake the environmental impact control efforts of the environment.
Section 19
.,, (1) In publishing the permission of conducting the undertaking and/or mandatory activities are noticed:
., a., a. space plan;
B. community opinion;
.,, c. consideration and recommendation of authorized officials relating to such endeavour and/or activities.
(2) The decision of the permit does the effort and/or the mandatory activities are announced.
Section 20
.,, (1) Without a permit decision, each person is prohibited from committing a waste disposal to the environmental media.
.,, (2) Each person is prohibited from dumping waste originating from outside Indonesian territory to Indonesian environmental media.
.,, (3) the authority of publishing or rejecting a permit request as referred to in paragraph (1) is on the Minister.
.,, (4) Waste outcasts to the environmental media as referred to in paragraph (1) can only be done at the disposal site set by the Minister.
.,, (5) The provisions of the implementation of this section are further set up with the laws.
Section 21
Each person is prohibited from importing hazardous and toxic materials waste.
The Second Part
Supervision
Section 22
.,, (1) the Minister conducts oversight of the performance of the undertaking and/or activities of the provisions set forth in the laws of the environment.
.,, (2) To conduct supervision as referred to in paragraph (1), the Minister may assign officials who are authorized to conduct surveillance.
.,, (3) In terms of supervision authority handed over to the Local Government, the Regional Chief sets out officials who are authorized to conduct surveillance.
Section 23
Environmental impact control as a surveillance tool is carried out by an institution set up specifically for it by the Government.
Section 24
.,, (1) To carry out its duties, the supervisor as referred to in Article 22 of the authorized monitoring, requesting the description, making copies of the documents and/or making the necessary notes, entering a specific place, taking the example, examine the equipment, inspect the installation and/or transportation tools, and request the information from the parties responsible for the effort and/or activities.
.,, (2) the Responsibilities and/or activities that are in question as set forth in paragraph (1), are required to meet the request of a supervising officer in accordance with the provisions of the applicable laws.
., (3) Any supervisors are required to display the warrant and/or identification and are required to pay attention to the situation and conditions of the surveillance area.
The Third Part
Administration sanction
Section 25
.,, (1) The Governor/Head of the Level I is authorized to make a government coercion against the performance of the business and/or activities to prevent and terminate the occurrence of the breach, as well as to mitigate the consequences caused by a breach, conduct an act of dissemination, countermeasures, and/or recovery of the expense of the cost of the undertaking and/or activities, unless otherwise specified under the Act.
.,, (2) The authority as referred to in paragraph (1), may be submitted to the Regent/WalikoMunicipality/Head of the Level II Region with the Regional Regulation I.
(3) The third party of interest is entitled to apply to the official who is authorized to conduct the compulsion of the government, as referred to in verse (1) and verse (2).
.,, (4) Paksaan governance as referred to in paragraph (1) and verse (2), preceded by a warrant from the authorized official.
.,, (5) the acts of rescue, countermeasures and/or recovery as referred to in paragraph (1) may be replaced with the payment of a certain amount of money.
Section 26
.,, (1) The order of the charge charge as referred to in Section 25 of the paragraph (1) and paragraph (5) as well as its billing are specified by the statute of laws.
., (2) In the event of laws as referred to in paragraph (1) has not been established, its implementation uses legal efforts according to the applicable laws.
Section 27
.,, (1) Certain violations may be sanctioned in either the revocation of the business permit and/or activities.
.,, (2) The Regional Chief may submit a proposal to revoke the business permit and/or activities to the authorized official.
.,, (3) Interested Parties may apply to officials who are authorized to revoke the business permit and/or activities for harming its interests.
The Fourth Part
Environment Auditing
Section 28
In order to improve performance performance and/or activities, the Government encourages an effort in charge and/or activities to conduct environmental audits.
Section 29
.,, (1) the Minister is authorized to order an effort and/or activities to conduct a live environment audit if it is concerned to indicate disobedience to the provisions set out in this Act.
.,, (2) the Responsibilities and/or activities ordered to perform a mandatory environment audit carry out the order as referred to in paragraph (1).
.,, (3) If the performance of the business and/or activities does not carry out the order as it is referred to in paragraph (1), the Minister may execute or assign a third party to carry out the environmental audit as referred to in the paragraph. (1), at the expense of the expense charge of the business and/or activities concerned.
.,, (4) The amount of the charge load as referred to in paragraph (3) is set by the Minister.
.,, (5) the Minister announces the outcome of the environmental audit as referred to in paragraph (1).
BAB VII
THE SETTLEMENT OF THE ENVIRONMENTAL DISPUTE
The First Part
Common
Section 30
.,, (1) The resolution of a live environment dispute can be reached by trial or outside the court based on the voluntary choice of the disputable parties.
.,, (2) The Settlement of the dispute outside the court as referred to in paragraph (1) does not apply to the criminal acts of the environment as set forth in this Act.
., (3) If selected for a settlement of the environmental dispute settlement outside the court, a lawsuit through a court can only be reached if the attempt is declared not succeeded by one or the disputed parties.
The Second Part
Life Environmental Dispute Resolution
beyond the Court
Section 31
The resolution of the outside court is organized to reach an agreement on the form and magnitude of the damages and/or regarding certain measures to ensure that it will not occur or result in a negative impact on the subject matter. environment of life.
Section 32
In the resolution of an environmental dispute over the courts, as referred to in Article 31 may be used by a third party service, whether or not having the authority to decide or to have the authority to make a decision, to help resolve the environmental dispute.
Section 33
.,, (1) the Government and/or the public can form the institution of a deliverable service provider of the free and unaligned environmental dispute.
.,, (2) The provisions of the provider of environmental dispute settlement services providers are further regulated by Government Regulation.
The Third Part
Life Environmental Dispute Resolution
Through the Court
Paragraph 1
Indemnation
Section 34
.,, (1) Any unlawful conduct of a libel and/or destruction of a life environment that poses a loss to another person or a living environment, obliges the business and/or activities to pay damages and/or damages for any other person or entity that is responsible for the loss of the law and/or of the Do a certain act.
.,, (2) In addition to the charging to perform certain actions as referred to in paragraph (1), the judge may establish the payment of forced money over any day delay of the completion of such actions.
Paragraph 2
Absolute Responsibility
Section 35
.,, (1) The performance and/or activities whose efforts and activities pose a major and important impact on the environment of life, which uses hazardous and toxic materials, and/or produces hazardous and toxic materials waste, Absolute responsibility for the loss of life, with the obligation to pay the damages directly and immediately at the time of the pollution and/or destruction of the environment.
(2) The charge and/or activities may be exempt from the liability of paying damages as referred to in paragraph (1) if the concerned may prove that the pollution and/or destruction of the environment may be caused by one of the following: the reason below:
., a., a. the existence of a natural disaster or war; or
B. the presence of circumstances forced beyond the human ability; or
., c. any third party action that led to the pollution and/or destruction of the environment.
.,, (3) In the event of a loss caused by a third party as referred to in paragraph (2) of the letter c, the third party is responsible for paying damages.
Paragraph 3
The expiry for the Lawsuit submission
Section 36
.,, (1) The expiry of the right to file a lawsuit against the court following a timeout as set up in the provisions of the Law Event Act, and calculated since the time of the victim's knowledge of the pollution and/or destruction of the environment Live.
., (2) The provisions of the expiry of the expiry, as referred to in paragraph (1) do not apply to the pollution and/or destruction of the environment caused by the effort and/or activities that use harmful and toxic materials and/or generate hazardous and toxic waste materials.
Paragraph 4
The rights of the Community and the Environment Organization
To File A Lawsuit
Section 37
.,, (1) The public is entitled to file a representative lawsuit to the court and/or report to law enforcement regarding a variety of environmental issues that are detrimental to the life of society.
.,, (2) If it is known that the community is suffering because of the pollution and/or destruction of the environment in such a way that it affects the subject matter of the community, then the responsible government insatiancy in the field of environment life can act for the benefit of the community.
.,, (3) Further provisions as referred to in paragraph (2) are governed with the Government Regulation.
Section 38
.,, (1) In order to exercise the responsibility of living environment management in accordance with the partnership pattern, the environmental organization is entitled to file a lawsuit for the benefit of preserving the function of the living environment.
.,, (2) The right to submit a lawsuit as referred to in paragraph (1) is limited to the charges for the right of committing certain actions without the charge of restitution, except for the costs or expenses of the real.
.,, (3) the living environment organization is entitled to file a lawsuit as referred to in paragraph (1) if it meets the requirements:
., a., a. the form of a legal entity or foundation;
., b. In the basic budget of the environmental organization concerned, it is unequivocal that the purpose of the establishment of the organization is for the benefit of preserving the functioning of the living environment;
c. has carried out activities according to its basic budget.
Section 39
Set the way for filing a lawsuit in the environmental issue of living by people, society, and/or environmental organizations in reference to the Data Event Law in effect.
BAB VIII
INQUIRY
Section 40
.,, (1) In addition to the Investigator of the Indonesian National Police Officers, as well as a particular Civil Service Officer in the environment of government agencies whose scope of duty and responsibility in the area of environmental management, is given special authority as an investigator as referred to in the applicable Criminal Events Law Act.
.,, (2) Civil Service Officials Investigators as referred to in paragraph (1) are authorized:
.,
., a., a. conduct an examination of the truth of the report or the information regarding the criminal conduct in the field of living environment;
., b. conduct an examination of a person or legal entity that is suspected of committing a criminal offence in the field of living environment;
.,, c. requested the captions and evidence material of the person or legal entity in connection with the event of a criminal offence in the field of living environment;
., d. conduct an examination of bookkeeping, records, and other documents with regard to a criminal activity in the field of living environment;
., e. Conduct a trial in a specific place, which is suspected of evidence, bookkeeping, records, and other documents, and conducting forfeiture of the material and goods of offenses that can be made evidence in cases of criminal conduct in the field. environment of life;
., f. Requesting expert assistance in order to perform criminal investigation tasks in the field of living environment.
.,, (3) Acting civil servant officials as referred to in verse (1) inform the start of the investigation and the results of his inquiry to the Investigator of the State Police of the Republic of Indonesia.
.,, (4) The civil servant officials ' officials as referred to in verse (1) convey the results of the inquiry to the Public Prosecuting through the Investigator of the State Police of the Republic of Indonesia.
.,, (5) Investigations of environmental criminal conduct in Indonesian waters and the Exclusive Economic Zone are conducted by investigators according to the applicable laws.
BAB IX
CRIMINAL PROVISIONS
Section 41
(1) Whoever is against the law intentionally commits an act which causes pollution and/or destruction of the environment, threatened with a prison criminal for the longest 10 years and a fine of the most Rp500.000.00 (five hundred million rupiah).
(2) If the criminal acts as referred to in verse (1) result in dead or heavy wounds, the perpetrator of the criminal offence is threatened with a prison criminal of the longest 15 (fifteen) years and the most fine Rp750,000.000.00 (seven hundred and fifty) million rupiah).
Section 42
(1) Whoever is due to the cause of the deed resulting in defamation and/or environmental destruction, is threatened with a prison criminal for the longest 3 (three) years and the most fines of Rp100.000.00 (one hundred million rupiah).
(2) If the criminal acts as referred to in verse (1) result in a dead or heavy injury, the perpetrator of the criminal offence is threatened with a prison criminal of at least 5 (five) years and the most fines of Rp150.000.00 (one hundred and fifty million). rupiah).
Section 43
., (1) Whoever by breach of the applicable laws, intentionally waive or dispose of substances, energy, and/or other harmful or toxic components are either above or into the ground, into the air or into the water Surface, import, export, trade, transport, store the materials, execute malicious installations, while knowing or highly warranted to suspect that such acts may cause pollution and/or the destruction of a living environment or endangering public health or the lives of others, threatened With a prison sentence of six (six) years and a fine of the most Rp300.000.00 (three hundred million rupiah).
., (2) Threatened with a criminal equal to criminal as referred to in paragraph (1), whose goods knowingly provide false information or eliminate or hide or damage the necessary information in relation to the And it is to know that it may cause harm and harm to live or to harm the public or the life of another.
(3) If the criminal acts as referred to in verse (1) and the verse (2) result in dead or heavy wounds, the perpetrator of the criminal offence is threatened with a prison criminal of the longest 9 (nine) years and the most fines of the Rp450,000.00 (four hundred fifty million rupiah).
Section 44
., (1) Whoever by violating the applicable laws, for his aleness doing the deeds as referred to in Article 43, is threatened with the penultimate prison criminal 3 (three) years and the most fines Rp100.000.00 (100 million rupiah).
(2) If the criminal acts as referred to in verse (1) result in a dead or heavy injury, the perpetrator of the criminal offence is threatened with a prison criminal of at least 5 (five) years and the most fines of Rp150.000.00 (one hundred and fifty million). rupiah).
Section 45
If a criminal act as referred to in this chapter is done by or on behalf of a legal entity, the company, union, foundation or other organization, the criminal threat of fines is weighed by a third.
Section 46
.,, (1) If the criminal offence as referred to in this Chapter is done by or on behalf of the legal entity, the company, the union, the foundation or other organization, the criminal charges are committed and the criminal sanction and the order of the order are in question. In Article 47 is dropped either against the legal entity, the company, the union, the foundation or the other organization, or against those who give the order to commit such crimes or who act as leaders in the works. That or both.
.,, (2) If the criminal offence as referred to in this Chapter, done by or on behalf of the legal entity, the company, union, foundation or other organization, and is performed by persons, whether by the relationship of work or by other relationships, which acts in a legal entity's environment, association, union, foundation or other organization, criminal charges are committed and criminal sanctions are dropped against those who give orders or who act as leaders without remembering whether or not Such persons, whether in relation to work or by other relationships, Commit a criminal act alone or together.
.,, (3) If the charges are made against the legal entity, the liability, the union or any other organization, the call to face and submission of the summons was addressed to the administrator at their residence, or in the place of the caretaker. A steady job.
.,, (4) If the charges are made against the legal entity, the company, the union, the foundation or any other organization, which at the time of prosecution is represented by not the caretaker, the judge may order that the administrator be facing himself in court.
Section 47
In addition to the criminal provisions as referred to in the Code of Criminal Law and this Act, against the perpetrators of the environmental criminal acts may also be subject to the terms of the order of order:
a. the benefit of the benefits obtained from the criminal offence; and/or
B. the complete closure or as a company; and/or
c. repair due to criminal acts; and/or
D. require working on what is labeled without the right; and/or
e. Negation of what is labeled without rights; and/or
f. put the company under the longest observable 3 (three) year.
Section 48
The criminal act as referred to in this Chapter is a crime.
BAB X
THE TRANSITION PROVISION
Section 49
(1), (1) at least 5 (5) years since the promulgations of this Act any attempt and/or activities that have been authorized, are required to adjust according to requirements under this Act.
., (2) Since the promulgations of this Act are prohibited from issuing business permits and/or activities that use imported hazardous and toxic materials waste.
BAB XI
CLOSING PROVISIONS
Section 50
Upon expiration of this Act, all laws relating to the existing environmental management of the living environment remain in effect as long as do not conflict with and have not been replaced under this Act.
Section 51
By the enactment of this Act, then Law No. 4 of 1982 on the provisions of the Environmental Management of the Environment (State Sheet of 1982 Number 12, Additional Gazette number 3215) was declared no longer applicable.
Section 52
This law goes into effect on the promulgated date.
In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
.,, Dislocated in Jakarta
on September 19, 1997
PRESIDENT OF THE REPUBLIC OF INDONESIA
SUHARTO
Promulgated in Jakarta
on September 19, 1997
MINISTER OF STATE SECRETARY OF STATE
REPUBLIC OF INDONESIA,
MOERDIONO
