Decentralising Environmental Compliance and Enforcement in Indonesia

ILYAS ASAAD

Deputy Minister for Environmental ComplianceMinistry of the Environment, Indonesia

Background

The1945 Constitution

Article 18 (1):

The unitary state of the Republic of Indonesia shall be divided into provinces and those provinces shall be divided into districts and municipalities, each of which shall have regional authorities which shall be regulated by law Article 18 (5):

The regional authorities shall exercise wide ranging autonomy, except in matters specified by law to be the affairs of the central government

Act No.32 of 2004 on Local Government (replacing act No.22 of 1999)

Governmental power is decentralised from central government to local government

Province, District and Municipality are placed as equals as independent autonomous regional units.

Environmental management authority is required to be decentralised to each regional government

Decentralisation Mouvement

Environmental Management Act 1997

‘integration’ as the leading concept for environmental management

Article 12 …to create integration and harmony in the

implementation of national policy regarding environmental management, the government based legislation can:

a. delegate certain environmental management authority to central government offices in the regions

b. give a role to region government to assist the central government in the implementation of environmental management in the regions

Based on the EMA 1997 Coordinated by the Minister of the

Environment The Minister may give authority on

environmental compliance and enforcement to regions based on decentralisation principle (central authority will be run by the central offices in regions)

Based on the Act 32/2004 on Local Government

Environmental law enforcement affairs are a part of environmental control affairs which are obligatory affairs running by local governments.

Relation pattern between Central and Regions on environmental

compliance & enforcement

Compliance and enforcement authorityInstitution Scope AuthorityMOE National • Coordination

• policy maker• issuing hazardous waste

licenses • Inspection• conducting investigation

Sectoral Departments National • implementation policies on environmental management in respective sectors

• issuing bussines licenses• Inspection• sentencing administrative

sanction

Provinces Provincse Implementation policies on environmental management in regions

Regencies/Municipalities Regencies/Municipalities Implementation policies on environmental management in regencies/municipalitiesIssuing licencesInspectionSentencing administrative sanction

• Local institutions and people have a better knowledge of the environmental & socioeconomic problems of the area and therefore are place to enhance & protect the environment if they are given clear rights on natural resources

• Higher responsibility in decision making will be accompanied by higher motivation for a more efficient use of natural resources

• Facilitating local participation because of the higher homogeneity of common needs with lower sizes of population, higher transparency of the decision making process

• Allowing building of local capacities for the provision of services that are more consistent with the local requirements.

Benefit of decentralisation on environmental protection

Authority There is no clear authority distribution in handling environmental cases among MoE, provinces, and regencies/municipalities;

Coordination There is no compatibility on environmental law compliance and enforcement programmes between central and regional government;

Human Resources capacity and quantity of HRs as the Environmental Inspectors & the Specialised Investigators are limited.

Goodwill indicator of success of region governments is increasing of revenue, NOT environmental protection

Problems in implementing decentralisation on environmental law

compliance and enforcement

Concept of environmental law compliance and enforcement development in Regions

Establishing institution with clear role distribution

Developping regional regulations on environment based on regional needs by good norm and good process principles

Optimalising PPNS,PPLH (recruitment system, quantity, distribution, capacity)

Establishing One Roof Enforcement System (ORES)

Increasing capacity of enforcers

Optimalising implementation of administration sanctions by providing guidance and criteria of administrative punishment

Secondline enforcement

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