Susiwijono Moegiarso: The Environmental (AMDAL) Permit in the Job Creation Law is Not Removed

Susiwijono Moegiarso: The Environmental (AMDAL) Permit in the Job Creation Law is Not Removed
Secretary of the Coordinating Ministry for Economic Affairs Susiwijono Moegiarso

JAKARTA - The government ensures that there is no elimination of environmental impact analysis (AMDAL) permits in the Job Creation Law (UU Cipta Kerja) or the Omnibus Law in the environmental sector. Environmental approval is a basic requirement for Business Licensing.

Secretary of the Coordinating Ministry for Economic Affairs, Susiwijono Moegiarso, explained that AMDAL is only made simple so that the rules are not complicated.

"AMDAL is not deleted, and still exists, but the process is made simpler, so that the time and costs required are more efficient, " said Susiwijono in his statement, Friday (9/10/2020).

The Job Creation Law stipulates that the basic principles and concepts of AMDAL do not change, but remain in accordance with the previous provisions. The changes are only related to providing convenience in obtaining environmental approval. Environmental permits are integrated into Perizinan Seek to streamline the licensing system and strengthen law enforcement.

Furthermore, Susiwijono explained, AMDAL was returned to its actual function and process, namely a technical and scientific document on environmental feasibility study which was then used as a condition for business licensing which contained provisions or obligations from environmental aspects. The stages of environmental permits are summarized into 3 stages, namely the process of environmental documents, environmental approval and business licensing.

This, continued Susi, is strengthened by Article 1 Number 11 which states that AMDAL is a study of the significant impacts on the environment of a planned business and / or activity, to be used as a prerequisite for decision making regarding the conduct of a business and / or activity and is contained in Business Licensing, or approval from the Central Government or Regional Government.

Based on the old provisions, the environmental permit is separate from the Undertaking Permit, so if there is a violation and is subject to a sanction of license revocation, only the environmental permit is revoked, the business permit will continue to run. However, in the Job Creation Law, environmental permits are integrated with business permits, if there is a violation and are subject to sanctions with license revocation, which are revoked at the same time as business permits.

Environmental approval is the basis for issuing Business Licenses as State Administrative Decrees. Article 24 (paragraphs 1-6) also states, the AMDAL document is the basis for environmental feasibility testing. The Central Government or Local Government shall stipulate an Environmental Feasibility Decision based on the results of an environmental feasibility test. Decree of Environmental Feasibility as a condition for issuing Business Licensing, or approval from the Central Government or Regional Government.

Meanwhile Article 37 explains, Undertaking Licensing can be canceled if its issuance does not fulfill the requirements as stated in the Decree of Environmental Feasibility or Statement of Capability in Environmental Management; or the obligations stipulated in the Amdal or UKL-UPL document are not carried out by the person in charge of the business and / or activity. (***)