05 Mar 2013

The State Minister for the Environment has issued guidelines for the involvement of the public in the environmental impact assessment (known by its Indonesian acronym as “AMDAL”) process and in the issuance process of environmental licenses. The guidelines are set forth in the Minister’s Regulation No. 17/2012 (the “Regulation”), which is the implementation regulation for certain articles in Government Regulation No. 27 of 2012 regarding Environmental Licenses. Below, in brief, are some of the basic provisions.

Purpose of the involvement of the public.  The Regulation explains why the public is included in the above mentioned processes. It is so that:
• the public gets information on business plans or activities that may have a significant impact on the environment;
• the public can give suggestions, opinions or comments on the business plans or activities;
• the public can be involved in the process of the decision making in relation to the worthiness or unworthiness of business plans or activities;
• the public can give suggestions, opinions and comments on the issuance process of environmental licenses.

Included Communities. The communities that are included in the AMDAL process are (i) the community which is suffering from the impact; (ii) the concerned community; and (iii) the community which is affected by any form of decision in the AMDAL process.  The affected community must be included in the assessment process of the AMDAL and of the other environmental documents (Environmental  Management Plan – Environmental Monitoring Plan or RKL-RPL) through its appointed representative who will be a member of the AMDAL Appraisal Committee.

The rules and procedures for the public’s participation in the AMDAL process and for the involvement of the public in the issuance of environmental licenses are specified in Chapter II and Chapter III of the Regulation.
The Regulation replaces the old Decision of the Head of Environmental Impact Management Board No. 8 of 2000 on Public Involvement and Disclosure in the Process of Environmental Impact Assessment. It becomes effective 6 (six) months after its issue date of 5 October 2012. (by: Annisa Nurul Husna).