ICEL

ICEL

[Joint Press Release] Reflections on the Ten-Year Law on Environmental Protection and Management: Enforcement of Environmental Law in Indonesia, Still Weak

Jakarta, 27th August 2019 – Approaching the 10th anniversary of the enactment of Law no. 32 of 2009 concerning Environmental Protection and Management (PPLH Law), Faculty of Law, University of Indonesia (FHUI) in collaboration with the Indonesian Center for Environmental Law (ICEL) held an Environmental Law Conference “Towards the Ten Years of the Law on Environmental Protection and Management: Reflections on Enforcement Environmental Law in Indonesia ”on the 26th – 27th August 2019 at the FHUI Campus Depok.

 

Chairman of the State Administrative Court of the Republic of Indonesia Supreme Court Dr. Supandi, S.H., M.Hum, revealed that a common obstacle encountered in solving environmental cases is the difficulty of proof. While environmental cases occur between those who have greater access to resources and those who have limited access. “Armed with a large intake of funds and pursuing short-term profits alone, of course environmental polluters will be easy to conduct research funding conducted by certain institutions that do not work objectively and put forward the facts in the field significantly.” said Supandi in the Public Lecture held by FH UI and ICEL as the opening of the Conference.

Read more[Joint Press Release] Reflections on the Ten-Year Law on Environmental Protection and Management: Enforcement of Environmental Law in Indonesia, Still Weak

[Joint Press Release] 36 Civil Society Organisations Report Deputy for the Coordination of Food and Agriculture

Jakarta, 21st of August 2019. 36 civil society organisations reported Musdhalifah Machmud, Deputy for the Coordination of Food and Agriculture to the Coordinating Minister for the Economy, Darwin Nasution on Wednesday, 21st of August 2019. The report was in connection with the issuance of Letter Number: TAN.03.01/265/D. II.M.EKON/05/2019 dated on the 6th of May 2019, concerning Data and Information related to Palm Oil Plantation.

 

“The deputy letter was used as an excuse for several Public Bodies to refuse to provide public information. In Jambi for example, a request for information by our researcher was denied by the Plantation Office, on the basis of the Deputy’s Letter. Obviously this is a violation of procedure,” explained Henri Subagiyo, Director of the Indonesian Center for Environmental Law (ICEL).

 

Although not explicitly addressed to Ministries/Institutions or Regions, the information contained in point 3 of the letter does indeed appear to provide direction to the Ministries/Institutions and Regional Governments to determine data and information regarding the Land Cultivation Rights (HGU) of palm oil plantations (in the form holder name, map and location) as information excluded. The directive is reiterated in point 4 which asks Ministries/Institutions and Regional Governments not to make initiatives to make agreements with other parties in providing data and information related to palm oil plantations.

Read more[Joint Press Release] 36 Civil Society Organisations Report Deputy for the Coordination of Food and Agriculture

[Press Release] The Urgency of the Establishment of the New Renewable Energy Bill Needs to Be Further Assessed

President Joko Widodo in his speech at the Plenary Session of the People’s Consultative Assembly, appreciated the rapid response of the Regional Representative Council (DPD) in addressing the pressing challenges faced by the region, one of which was related to renewable energy. This quick response has indeed been carried out by the DPD by initiating a New Renewable Energy Bill (EBT Bill), which is currently being discussed at Commission 7 of the House of Representatives. Grita Anindarini, Researcher of Environmental Pollution Control Division of Indonesian Center for Environmental Law, considers President Joko Widodo’s response to be positive given the need for energy transition in Indonesia is something that needs to be focused and needs to be responded quickly. Even so, it needs an in-depth study whether the existence of this bill can answer these needs.

 

In the academic text of the EBT Bill, it is explained that Law No. 30 of 2007 (the Energy Law) is currently not sufficiently accommodating about renewable energy, because the regulation of EBT is still scattered in various laws and regulations. Grita considers that one of the problems that caused this condition to occur is because the Government has not yet issued the Government Regulation (PP) on New and Renewable Energy, as mandated in the Energy Law. Basically, the formation of this PP has been included in the Strategic Plan of the Directorate General of New and Renewable Energy and Energy Conservation 2015-2019, but until now the regulation has not yet been issued. Based on the Strategic Plan, the New and Renewable Energy PP can be used as a more detailed reference related to the management of new and renewable energy including resource management, supply and utilisation, business, rights and obligations, facilities and incentives, energy prices, research and development, to guidance and supervision.

Read more[Press Release] The Urgency of the Establishment of the New Renewable Energy Bill Needs to Be Further Assessed

[Joint Press Release] Forest and Land Fires: Chief of National Police of Indonesia Needs to Evaluate The Entire Regional Police Officers

The situation of forest and land fires in Indonesia is currently in an alarming condition. More than 1000 hotspots in recent days have continued to increase and recorded 80% of the total hotspots in ASEAN countries based on the Asean Specialized Meteorological Center (ASMC) data. This is the highest history since 2015. In a visit related to forest and land fires carried out by the Commander of the Indonesian National Armed Forces-Chief of National Police of Indonesia-Minister of Environment and Forestry in Riau, National Police Chief Tito Karnavian stated that he would withdraw the cases of forest and land fires to Headquarters if law enforcement was ineffective.

 

Responding to the statement of the National Police Chief, Henri Subagiyo, Executive Director of the Indonesian Center for Environmental Law (ICEL), hopes that this will not only be a lip service amid the worsening forest and land fires situation. “We’ve been treated to something similar. But often these things run inconsistently after forest and land fires subside. Even though efforts to control forest and land fires, including law enforcement, must continue despite the reduction in hotspots in the field. Chief of National Police of Indonesia Tito Karnavian himself had already signed the Circular Letter (SE) No. SE/15/XI/2016 concerning Control of Forest and Land Fires on the 10th of November 2016. The SE is arguably quite comprehensive which includes directives for the ranks of the National Police to carry out pre-emptive, preventive and repressive measures complete with directions for proving efforts in the process of research and investigation. But the results so far have not been widely felt by the public, especially law enforcement for corporate actors. Remember that related to law enforcement the Commission III of the Indonesian Parliament had formed a Forest and Land Work Committee in 2016 although the results were unclear.”

Read more[Joint Press Release] Forest and Land Fires: Chief of National Police of Indonesia Needs to Evaluate The Entire Regional Police Officers

[Joint Press Release] Civil Society Coalition Rejects Inconsequential Licensing

CIVIL SOCIETY PREPARING LEGAL STEPS ON PP OSS

Jakarta, 12th of August 12 2019 – A number of civil society organisations engaged in environmental and natural resource conservation issues as well as several individual petitioners are currently preparing legal steps against Government Regulation Number 24 of 2018 concerning Online Integrated Investment Licensing or better known as PP OSS (online single submission). Although PP OSS has a goal to accelerate investment and simplify the bureaucracy of issuing permits, this PP also has a big problem by removing the importance of environmental protection.

 

By regulating licenses based on commitment, this PP OSS has clearly eliminated the importance of the EIA substance. The EIA was then placed only as an administrative document that was fulfilled after the permit was issued. This is certainly contrary to Law Number 32 of 2009 concerning Environmental Protection and Management (Law 32/2009) which places EIA as a condition before the issuance of environmental permits and business licenses. The inconsequential logic of licensing in PP OSS not only violates Law 32/2009, but also violates several other laws and regulations.

 

Responding to this problem, the “Civil Society Coalition Rejects Inconsequential Licensing” asks the President of the Republic of Indonesia to:

 

  1. Immediately revise PP OSS especially in the aspect of licensing that has the potential to damage the environment;
  2. Immediately instruct all ministries and agencies to carry out the process of issuing permits based on laws that were in force before PP OSS. This implementation was carried out immediately before the OSS PP was revised; and
  3. Restoring the rights of citizens who have been deprived due to the enactment of PP OSS.

 

If the three points above are not immediately responded by the President of the Republic of Indonesia, the coalition will use constitutional rights to take legal steps against PP OSS. This legal step is needed to prevent the wider and serious impact of the implementation of PP OSS.

 

—- // —-

 

Civil Society Coalition Rejects Inconsequential Licensing: ICEL, WALHI Eknas, YLBHI, Sawit Watch, WALHI DKI Jakarta, Women’s Solidarity, KNTI, Kaoem Telapak, JATAM Kaltim, BEM UI and BEM FH UI.

 

Contact person:

Raynaldo Sembiring (ICEL, + 62 813 7667 01670)

Boy J.E. Sembiring (Walhi Eknas, +62 852 7189 7255)

[Press Release]: Respond to IPCC Report: President Immediately Evaluates Improvement of Forest and Land Governance and Releases Low Carbon Development Plan

Jakarta, 11th of August 112019. In response to a panel decision in 2016, the Intergovernmental Panel on Climate Change (IPCC) published the second special report titled Climate Change and Land (8/8/19). This report shows that land use by humans accounts for more than 70% of global greenhouse gas emissions. Land is a provider of basic human needs, including food, water and other ecosystem services. Agricultural, forestry and other activities that have supported human life are responsible for around 13% carbon dioxide (CO2), 44% methane (CH4), and 82% nitric oxide (N2O) emissions from human activities globally during 2007-2016, or around 23% of the total anthropogenic greenhouse gas emissions.

 

The report also explains that efforts to adapt and mitigate climate change related to land can also overcome decrease and degradation and improve food security. Conservation of high-carbon ecosystems such as peat, wetlands and mangroves is still a priority effort because of its rapid impact. However, this also needs to be supplemented by responses that provide a variety of ecosystem services and functions, such as the recovery of high-carbon ecosystems, land reclamation and reforestation, although the impact requires time. In addition, there are also response options that do not require land competition and have the potential to benefit together both for sustainable development and to overcome socio-economic problems, such as agricultural land management, increasing food production, reducing food waste and eating patterns. Of course, land-based responses to adaptation and mitigation depend on the context, including the adaptive capacity of a community or region. Indonesia as a party to the Paris Agreement had submitted its commitment to climate change mitigation and adaptation in the National Determined Contribution (NDC) to the United Nations Framework on Climate Change (UNFCCC) secretariat on the 6th of September 2016.

Read more[Press Release]: Respond to IPCC Report: President Immediately Evaluates Improvement of Forest and Land Governance and Releases Low Carbon Development Plan

Joint Statement:

Reaffirming the Vision of Democracy and the Environment

Statement of Civil Society Organisations: Reaffirming the Vision of Democracy and the Environment

 

By the Grace of God Almighty

 

(1) That the environment and natural resources are the gift of God to all Indonesian people, both current and future generations.

(2) That protecting citizens and the environment is one form of the goal of the presence of the Government of the Republic of Indonesia, namely to protect all Indonesians and all Indonesian blood and to carry out the mandate of the constitution, especially Article 28 H and Article 33 paragraph (4) of the Constitution 1945 of the Republic of Indonesia.

(3) That the environment and natural resources are not only one of the national development capital, but also as a life support system, both for humans and other living creatures. Therefore, national development must be carried out wisely for the greatest prosperity of the people fairly and evenly, taking into account the safety and sustainability of ecosystems, for the benefit of current and future generations.

(4) That various environmental and natural resource damage has occurred massively, lasted a long time, and has increased the vulnerability of disasters to the extent of threatening the safety of citizens and the achievement of national development goals. The various threats are caused by weak environment-natural resources governance, economic growth which is supported by excessive investment in the environment, citizens’ access to imbalance natural resources-environment, the destruction of ecosystems that are not restored, until the enforcement of blunt law, especially for environmental crime in an organised manner.

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Joint Statement:

Reaffirming the Vision of Democracy and the Environment

[Joint Press Release] “Initiating the Vision of Democracy and the Environment of Indonesia”

Jakarta, August 5, 2019. Civil society groups that were present at the Symposium of Initiating the Vision of Democracy and Environment, criticised the Vision of Indonesia by the elected President Joko Widodo some time ago. This vision highlights many issues of infrastructure development, investment and bureaucratic reform which are also directed to facilitate investment. But regrettably in this vision there are no environmental considerations at all. Ignorance of environmental and natural resource issues are feared to continue in future policies if not addressed immediately.

 

The symposium began with a Public Discussion that presented 4 (four) speakers, namely: Laode M. Syarif (Vice Chairperson of the KPK), Prof. Hariadi Kartodihardjo (Forestry Policy Expert), Mas Achmad Santosa (Coordinator of Special Task Force for Eradicating Illegal Fishing), and Yuyun Ismawati (Senior Advisor of Nexus 3). The speakers conveyed criticism and input about the importance of raising the issue of the environment and natural resources so that President Jokowi’s policies in the 2019-2024 government period still care about the environmental protection and natural resources.

 

“Investment should not be faced with law enforcement,” explained Laode M. Syarif, Vice Chairperson of KPK who was invited as a guest speaker at the Symposium. “Investors like law certainty the most. If the obligations and restrictions are clear, good investors will inevitably be obedient. Precisely ignorant and naughty investors who should not be allowed to invest in Indonesia. We need investment but only the responsible ones,” he continued.

Read more[Joint Press Release] “Initiating the Vision of Democracy and the Environment of Indonesia”

[Joint Press Release] First Trial, Clean Air Coalition (IBUKOTA) Demands Clean Air

The Clean Air Coalition (IBUKOTA), a combination of individuals and organisations that fought fiercely for clean air attended the first trial of citizen lawsuit over the poor air quality of Jakarta today (1/8) at the Central Jakarta District Court. Through this initial hearing and lawsuit, the IBUKOTA Coalition demanded that the Defendants carry out a series of policies to fulfill the right to clean air for the Plaintiffs and 10 (ten) million other Jakarta citizens.

 

Jakarta’s poor air quality is caused by pollutant parameters that have exceeded the National Air Quality Standards (BMUN) as stipulated by Government Regulation Number 41 of 1999 and the DKI Jakarta Provincial Air Quality Standards (BMUA DKI Jakarta) as stipulated in the Governor DKI Jakarta Regulation Number 551 of 2001 concerning Establishment of Ambient Air Quality Standards and Noise Levels in DKI Jakarta Province. As a brief example, PM 2.5 concentration figures from January to June 2019 are 37,82 μg/m3 or 2 times higher than national standards or 3 times higher than World Health Organization (WHO) standards.

Read more[Joint Press Release] First Trial, Clean Air Coalition (IBUKOTA) Demands Clean Air

[Press Release] Friends of The Court: Government Must Assess Climate Change Impacts of Celukan Bawang Power Plant Expansion

BALI / JAKARTA, 26 JUNE 2018 – Nine Indonesian and international environmental groups filed an amici curiae brief, or a friends of the court brief, to Denpasar Administrative Court (PTUN), specifically the judges who adjudicate the lawsuit against Celukan Bawang Coal Fired Power Plant expansion, Bali [1]. The project does not comply with the Environmental Protection and Environmental Law No.32 of 2009 and undermine Indonesia’s international climate commitment.

 

The 18-page brief stated that the expansion of the Celukan Bawang power plant does not include a comprehensive analysis of the climate change impacts in the decision making of issuing Celukan Bawang Power Plant’s environmental permit. In fact, the environmental permit should be based on environmental feasibility decisions and the Environmental Impact Assessment (AMDAL) that analyze comprehensively how the project impacts the environment [2]. This environmental impact should include the impacts of climate change.

 

“Amici believes that the legal obligations of Indonesia and the provisions in the Environmental Protection and Environmental Law and its derivatives provide sufficient grounds for the Judges to declare the Celukan Bawang Power Plant’s environmental permit null and void due to the lack of consideration for the climate change impacts of the project,” said Margaretha Quina, Head of Environmental Pollution Division of Indonesian Center for Environmental Law.

 

Indonesia has also ratified the United Nations Framework Convention on Climate Change and subsequent protocols, including Paris Agreement. Indonesia’s international climate commitment is also set forth in the NDC [3] which means that the obligation to mitigate climate change must be done on every development project.

Read more[Press Release] Friends of The Court: Government Must Assess Climate Change Impacts of Celukan Bawang Power Plant Expansion