Faure, Michael --- "Towards a new model of criminalization of environmental pollution: the case of Indonesia" [2006] ELECD 508; in Faure, Michael; Niessen, Nicole (eds), "Environmental Law in Development" (Edward Elgar Publishing, 2006)

Book Title: Environmental Law in Development

Editor(s): Faure, Michael; Niessen, Nicole

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845425197

Section: Chapter 9

Section Title: Towards a new model of criminalization of environmental pollution: the case of Indonesia

Author(s): Faure, Michael

Extract:

8. Supervision and enforcement in the
Law Concerning Environmental
Management, Law No. 23 of 1997
Frits Stroink

1. INTRODUCTION
In this chapter I will focus on my lecture on supervision and enforcement in
the Indonesian Environmental Management Act (EMA), especially in the field
of licences.
First, I will mention briefly the relevant articles in the EMA, next discuss
some general starting points of constitutional and administrative law and
finally compare the Indonesian law with these general starting points and
some notions of Dutch environmental and administrative law.
Part II of the EMA (Arts. 22­4) deals with supervision. The Minister is the
competent organ (Art. 22, s. 1). He can appoint officials with authority to carry
out supervision (Art. 22, s. 2). I will elaborate later on the relationship with the
Decentralization Act of 1999.
There is a possibility of delegation of supervisory powers to local govern-
ment. In that case the Regional Head appoints the officials to carry out super-
vision (Art. 22, s. 3). Environmental impact control as a supervisory
instrument is carried out by an institution formed especially for that purpose
by the government (Art. 23).
The supervisory officials have the power to conduct monitoring, request an
explanation, make copies of documents and/or make the notes they need, enter
certain places, take samples, inspect equipment, inspect installations and/or
transportation equipment, and request an explanation from the party responsi-
ble for a business and/or activity (Art. 24, s. 1). The party responsible for a
business ...