Indonesia Indonesia partially amends Environmental Protection and Management Law

Penalties, B3 waste, AMDAL(EIA), etc.

On November 2, 2020, the “Law No. 11 of 2020 on Job Creation” was promulgated in Indonesia and came into effect on the same day. This law is a massive legal document with more than 1,000 pages and partially amends a wide variety of existing laws in the country, including the Law No. 32 of 2009 on Environmental Protection and Management.

The provision that describes the amendment of the Environmental Protection and Management Law is downloadable at the following URL.
https://peraturan.bpk.go.id/Home/Download/141872/UU%2011%202020%20Cipta%20Kerja%20Halaman%201%20-%20100.pdf

The full text of the Job Creation Law is downloadable at the following URL:
https://peraturan.bpk.go.id/Home/Details/149750/uu-no-11-tahun-2020

 

Waste management

This revision also includes some modifications on the management of hazardous waste (B3 waste). In detail, the following statement has been newly added in Article 59.

    • If a B3 waste generator is not capable of managing B3 waste on its own, it may entrust a third party with the management operation.

In addition, the following provision was newly added as “Article 61A.”

    • If a person responsible for the business and/or activity performs any of the following actions as part of the business activity, the provisions to govern the activities must be clearly written in the AMDAL or UKL-UPL.
      1. Discharging, transporting, distribution, storage, utilization and/or processing of hazardous substances (B3)
      2. Generation, transportation, distribution, storage, utilization, processing, and/or land filling of B3 waste
      3. Discharging wastewater into the ocean
      4. Dumping wastewater to water sources
      5. Release of gas emissions to the atmosphere, and/or
      6. Utilizing wastewater for soil application

Furthermore, other partial amendments were also made to the provisions on the Environmental Impact Assessment (AMDAL), the Environmental Management and Monitoring Measures (UKL-UPL), and penalties.