LAW OF THE REPUBLIC OF INDONESIA NUMBER 32 OF 2009 ABOUT ENVIRONMENTAL PROTECTION AND MANAGEMENT BY THE GRACE OF GOD ALMIGHTY

PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering: a. that the good environment and healthy life is the rights of every citizen of Indonesia as mandated in Article 28H of the Constitution Republic of Indonesia Year 1945; b. that the national economic development as mandated by the Constitution of the State Republic of Indonesia Year 1945 is held based on the principles of sustainable development and environmentally sound; c. that the spirit of regional autonomy in the administration Government of the Republic of Indonesia has brought change in the relationship of authority between Government and local governments, including in the field of environmental protection and management; d. that declining environmental quality increasingly has threatened the continuity of life of humans and other living creatures that it is a need to conduct environmental protection and management seriously and consistently by all stakeholders; e. that increasing global warming as the result of climate change is so aggravating that it declines the environmental quality, hence it is necessary to undergo environmental protection and management; f. that in order to ensure legal certainty and provide protection to the rights of every person to earn a good living and healthy environment as part of protection against whole ecosystem, it is necessary to review Law Number 23 Year 1997 on Environmental Management; g. upon consideration of referred to in letter a, b, c, d, e, and f, it is necessary to form Law Law on Environment Protection and Management;

In view of: Article 20, Article 21, Article 28H Paragraph (1), and Article 33 paragraph (3) and paragraph (4) of the Constitution of the Republic Indonesia Year 1945; With the approval of the Joint HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA And PRESIDENT OF THE REPUBLIC OF INDONESIA DECIDED: Setting: LAW ON THE ENVIRONMENTAL PROTECTION AND MANAGEMENT. CHAPTER I GENERAL PROVISIONS Article 1 In this Act the definition of s: 1. The environment is a unity with all things space, power, circumstances, and living creatures, including humans and their behavior, which affect nature itself, the continuity of livelihood, and human well-being and other living creatures. 2. Environmental protection and management is a systematic effort and integrated being done to preserve the environmental functions and prevent pollution and / or environmental damage life which includes planning, utilization, control, maintenance, supervision, and law enforcement. 3. Sustainable development is a conscious and planned integration of aspects environment, society, and economy in development strategy to ensure the environmental integrity and safety, ability, welfare, and quality of life of present and future generations. 4. The plan of environmental protection and management hereinafter abbreviated as RPPLH is a written plan that contains potential, environmental issues, as well as safeguard and management within a certain time. 5. Ecosystem is the order of elements of the environment which is holistic unity and mutual influence in shaping balance, stability, and productivity of the environment.

6. Preservation of environmental functions is a series of efforts to maintain the continuity of the carrying capacity and absorbing capacity of the environment. 7. Carrying capacity of the environment is the ability of the environment to support humans, other living creatures, and the balance of both. 8. Absorbing capacity is the capacity of the environment to absorb substances, energy, and / or other components that enter or are inserted into it. 9. Natural resources are environmental elements consisting of biological resources and the overall non-biological form unity of the ecosystem. 10. Strategic environmental assessment, hereinafter abbreviated as KLHS, is series analysis which is systematic, comprehensive, and participatory to ensure that the principles of sustainable development are followed and integrated in the development of a region and / or policies, plans, and / or programs. 11. Environmental impact analysis, hereinafter referred to as EIA, is an important study on the impact of a business and / or planned activities on the environment necessary for decision-making process regarding business and / or activities. 12. Efforts for handling environmental management and environmental monitoring, hereinafter called the UKL-UPL, are the management and monitoring of the business and / or activities that do not affect on the environment necessary for the process making decisions regarding business and / or activities. 13. Environmental quality standards are the size limits or levels of living beings, matter, energy, or components that exist or should exist and / or element pollutants existence in a certain source as an element of the environment. 14. Environmental pollution is entered or the inclusion living things, substances, energy, and / or other components into the environment by human activities that exceed environmental quality standards which has been determined. 15. Standard environmental damage criteria is the size limit changes in physical properties, chemical, and / or biological environment which can be tolerated by the environment to keep preserve its function. 16. Environmental damage is a cause of action of changes directly or indirectly on the physical properties, chemical, and / or biological environment that exceeds the standard criteria of environmental damage.

17. Environmental damage is a direct change and / or not directly on the physical properties, chemical, and / or biological environment that go beyond the standard criteria of environmental damage. 18. Conservation of natural resources is the management of natural resources to ensure prudent utilization and sustainability availability while maintaining and improving the quality values and diversity. 19. Climate change is the change in climate caused directly or indirectly by human activities that cause changes composition of the atmosphere globally and in addition it is also a change natural climate variability observed in the period that can be were compared. 20. Waste is the residue of a business and / or activities. 21. Hazardous and toxic materials, hereinafter abbreviated as B3 is a substance, energy, and / or other components due to the nature, concentration, and / or amount, either directly or indirectly, may pollute and / or damaging the environment, and / or endanger the environment, health, and survival humans and other living creatures. 22. Hazardous materials and toxic wastes, hereinafter referred to as Waste B3, are the residue of a business and / or activities that contain B3. 23. B3 waste management is an activity that includes a reduction, storage, collection, transportation, utilization, processing, and / or accumulation. 24. Dumping (disposal) is the activity of throwing, placing, and / or incorporate waste and / or material in amount, concentration, time, and specific locations with specific requirements to certain environmental media. 25. Environmental dispute is a dispute between two parties or more arising from the activities that have the potential and / or have an impact on the environment. 26. Environmental impact is the effect of changes in the environment life caused by a business and / or activities. 27. An environmental organization is a group of people who organized and is formed by the will of its own objectives and activities related to the environment. 28. An environmental audit is an evaluation conducted to assess compliance of those responsible for the business and / or activity of legal requirements and policies established by the government.

29. Ecoregion is a geographic area with similar climatic characteristics, soil, water, flora, and fauna native, as well as patterns of human interaction with nature which describes the integrity of natural systems and the environment. 30. Local knowledge is noble values that apply in the order of life society for, among others, protect and manage the environment sustainably. 31. Indigenous and tribal peoples are groups of people who are down generations living in certain geographic areas because of the bond on ancestral origin, the existence of a strong relationship with the environment life, as well as the existence of a value system that determines economic institutions, politics, society, and legality. 32. Each person is an individual or business entity, whether incorporated or not incorporated. 33. Economic instruments of environmental policy are a set of economy to encourage the Government, local government, or any people towards environment conservation. 34. Serious threat is the threat of a widespread impact on environment and cause public unrest. 35. Environmental permit is a permit granted to any person who conducts business and / or activities that must apply UKL-UPL within the framework of environmental protection and management as prerequisite for obtaining a business license and / or activities. 36. Business license and / or activity is a permit issued by an appropriate licensing body to do business and / or activities. 37. The central government, hereinafter called the Government, is the President Republic of Indonesia who holds the power of government in the State Republic of Indonesia as defined in the Constitution Republic of Indonesia Year 1945. 38. The local government is the governor, regent, or mayor, and the area as a component of the governments. 39. Minister is the minister who conducted the affairs of government in field of environmental protection and management.

CHAPTER II PRINCIPLES, OBJECTIVES, AND SCOPE Part One Principle Article 2 Protection and environmental management carried out by principles: a. state responsibility; b. preservation and sustainability; c. harmony and balance; d. integration; e. benefits; f. prudence; g. justice; h. ecoregions; i. biodiversity; j. polluter pays;

k. participatory; l. local wisdom; m. good governance; and n. regional autonomy.

Part Two Destination Article 3 Environmental Protection and management aims to: a. protect the territory of the Republic of Indonesia from pollution and / or damage to the environment; b. ensure the safety, health, and human life; c. ensure the continuity of life and preservation of living things ecosystems; d. preserve the environmental functions; e. achieve harmony, harmony, and balance the environment; f. guarantee the fairness of the present generation and future generations front; g. ensure compliance and protection of environmental rights as part of human rights; h. controlling the use of natural resources wisely; i. sustainable development; and j. anticipate the global environmental issues.

Part Three Scope Article 4 Environmental Protection and management include: a. planning; b. utilization; c. control; d. maintenance; e. supervision; and f. law enforcement. CHAPTER III PLANNING Article 5 Protection planning and environmental management implemented through the stages: a. inventory of the environment; b. ecoregions zoning; and c. RPPLH preparation. Part One Environmental Inventory Article 6 (1) Inventory of the environment as referred to in Article 5 letter a consists of an inventory of the environment: a. national level;

b. island / archipelago level; and c. ecoregional level.

(2) Inventory of the environment is carried out to obtain data and information about natural resources which include: a. potential and availability; b. type of use; c. form of tenure; d. knowledge management; e. forms of damage, and f. conflict and the causes of conflicts arising from the management.

Part Two Determination of Ecoregion Area Article 7 (1) Inventory of the environment as referred to in Article 6 paragraph (1) letter a and b be the basis in determining the ecoregions and implemented by the Ministry after coordination with agencies related. (2) Determination of the ecoregion as referred to in paragraph (1) carried out by considering the similarities: a. landscape characteristics; b. watersheds; c. climate; d. flora and fauna;

e. socio-cultural; f. economy; g. community institutions, and h. environmental inventory. Article 8 Inventory of the environment at the regional level ecoregions as referred to in Article 6 paragraph (1) letter c shall be applied to determine the power carrying capacity and reserves of natural resources. Part Three The Planning of Environmental Protection and Management Article 9 (1) RPPLH as referred to in Article 5 letter c consists of: a. National RPPLH; b. RPPLH province; and c. RPPLH county / city. (2) RPPLH national referred to in paragraph (1) letter a is structured based on the national inventory. (3) RPPLH province referred to in paragraph (1) letter b prepared by: a. National RPPLH; b. inventory level island / archipelago; and c. inventory levels of ecoregions. (4) RPPLH districts / cities as mentioned in paragraph (1) letter c is prepared by: a. RPPLH province; b. inventory level island / archipelago; and c. inventory levels of ecoregions.

Article 10 (1) RPPLH referred to in Article 9 prepared by the Minister, governors, or regents / mayors in accordance with their authority. (2) Preparation of RPPLH as referred to in paragraph (1) notices: a. character and diversity of ecological functions; b. distribution of the population; c. potential distribution of natural resources; d. local wisdom; e. aspirations, and f. of climate change. (3) RPPLH regulated by: a. government regulations for national RPPLH; b. RPPLH provincial regulations for the province; and c. district laws / city for RPPLH district / city. (4) RPPLH plan contains about: a. utilization and / or reservation of natural resources; b. maintenance and protection of quality and / or function of the environment life; c. control, monitoring, and utilization and conservation natural resources; and d. adaptation and mitigation to climate change. (5) RPPLH becomes the basis and is included in the plan of long term development and medium term development. Article 11 Further provisions regarding the inventory of the environment as referred to in Article 6, the determination of ecoregions as defined in Article 7 and Article 8, as well as RPPLH as referred to in Article 9 and Article 10 is stipulated in Government Regulation.

CHAPTER IV UTILIZATION Article 12 (1) The utilization of natural resources is carried out by RPPLH. (2) In the event RPPLH referred to in paragraph (1) has not been arranged, utilization of natural resources carried out based on the carrying capacity and absorbing capacity of the environment by taking into account: a. sustainability processes and environmental functions; b. productivity of environmental sustainability; and c. safety, quality of life, and public welfare. (3) Carrying capacity and environmental carrying capacity as referred to in paragraph (2) defined by: a. Minister for the carrying capacity of the environment national and island / archipelago; b. governor for the carrying capacity of the environment ecoregions across the province and regency / city; or c. regent (district officer)/ mayor for the carrying capacity and the absorbing capacity of the environment of the districts / cities and ecoregions of the district / city. (4) Further provisions on procedures for determining the carrying capacity and carrying capacity of the environment as referred to in subsection (3) shall be according to government regulations. CHAPTER V CONTROL Part One General Article 13

(1) Control of pollution and / or damage to the environment is implemented within the framework of environment conservation. (2) Control of pollution and / or damage to the environment as referred to in paragraph (1) includes: a. prevention; b. countermeasures, and c. of recovery. (3) Control of pollution and / or damage to the environment as referred to in paragraph (1) is implemented by the Government, local governments, and responsible for a business and / or activities in accordance with the authority, roles, and responsibilities of each. Part Two Prevention Article 14 Pollution prevention instruments and / or damage to the environment consists of: a. KLHS; b. zoning; c. environmental quality standards; d. standard criteria of environmental degradation; e. Amdal (Analysis on Environmental Impact); f. UKL-UPL; g. licensing; h. environmental economic instruments; i. legislation based environment; j. budget-based environment; k. environmental risk analysis;

l. environmental audit; and m. other instruments as needed and / or development of science of knowledge. Paragraph 1 Strategic Environmental Assessment Article 15 (1) Government and local government are to make KLHS ensure that the principles of sustainable development have become basic and integrated in the development of an area and / or policies, plans, and / or programs. (2) Government and local governments must implement KLHS as referred to in paragraph (1) into the preparation or evaluation: a. spatial plans (Spatial) along with detailed plans, plans long-term development (RPJP), and development plans medium term (RPJM) national, provincial and regency / city; and b. policies, plans, and / or programs that could potentially cause impacts and / or environmental risks. (3) KLHS is carried out with the mechanism: a. impact assessment of policies, plans, and / or programs to environmental conditions in a region; b. alternative formulation refinement of policies, plans, and / or programs, and c. recommendations for improvement to policy decision-making, plans, and / or programs that integrate the principles of sustainable development. Article 16 KLHS study includes: a. carrying capacity and absorbing capacity for development; b. estimates of environmental impacts and risks; c. performance of service / ecosystem services; d. efficient use of natural resources;

e. degree of vulnerability and adaptive capacity to climate change; and f. levels of resilience and potential of biodiversity. Article 17 (1) Results KLHS as referred to in Article 15 paragraph (3) become the basis for policies, plans, and / or development programs in a the region. (2) If the result of KLHS as referred to in paragraph (1) states that the carrying capacity has been exceeded, a. policies, plans, and / or development programs shall be modified in accordance with the recommendation KLHS; and b. any business and / or activities that have exceeded the carrying capacity and the absorbing carrying capacity is not allowed anymore. Article 18 (1) KLHS as referred to in Article 15 paragraph (1) is implemented involving communities and stakeholders. (2) Further provisions on procedures of regulated KLHS Government Regulation. Paragraph 2 Layout Article 19 (1) To keep the preservation of the environment and safety communities, each regional spatial planning must be based on KLHS. (2) spatial planning areas as referred to in paragraph (1) are determined by taking into account the carrying capacity the environment. Paragraph 3 Environmental Quality Standard Article 20 (1) Determination of environmental pollution is measured through environmental quality standards.

(2) Environmental quality standard includes: a. water quality standard; b. waste water quality standard; c. marine water quality standard; d. ambient air quality standard; e. emission quality standards; f. impaired quality standards; and g. other quality standard in accordance with the development of science and the technology. (3) Every person is allowed to dump waste into the environment living with the following requirements: a. meet environmental quality standards; and b. get permission from the Minister, governors, or regents / mayors in accordance with authority. (4) Further provisions on environmental quality standards as referred to in paragraph (2) letter a, c, d, and g are regulated in Government Regulation. (5) Further provisions on environmental quality standards as referred to in paragraph (2) b, e, and f are stipulated in ministerial regulations. Paragraph 4 Criteria for Environmental Damage Baku Article 21 (1) To determine the occurrence of environmental damage, defined Standard environmental damage criteria. (2) Criteria Standard environmental damage criteria include raw damage to ecosystems and the standard criteria of damage from climate change. (3) Criteria for raw damage to the ecosystem include: a. standard criteria of the destruction of land for biomass production;

b. standard criteria of damage to coral reefs; c. Standard environmental damage criteria associated with forest fires and / or land; d. standard criteria of mangrove destruction; e. standard criteria of damage to seagrass beds; f. standard criteria of damage to turf; g. standard criteria of karst damage and / or h. standard criteria of damage to other ecosystems in accordance with development of science and technology. (4) Criteria for raw damage from climate change are based on parameters include: a. increase in temperature; b. sea level rise; c. storm and / or d. droughts. (5) Further provisions on standard criteria of environmental damage living as referred to in paragraph (3) and paragraph (4) shall be or based on Government Regulation. Paragraph 5 Amdal Article 22 (1) Every business and / or activity which has important implications for environment must have Amdal. (2) Significant impacts are determined based on the criteria: a. large number of people who will be affected by the plan business and / or activities; b. wide area affected;

c. intensity and duration of the impact; d. many other environmental components that will be affected impacts; e. the cumulative nature of impacts; f. turning or irreversibility of the impact and / or g. other criteria in accordance with the development of science and the technology.

Article 23 (1) Criteria for business and / or activity which has important implications that must be equipped with Amdal consists of: a. alteration of land forms and landscapes; b. exploitation of natural resources, whether renewable or not renewable; c. processes and activities that can potentially cause pollution and / or damage to the environment and waste and degradation of natural resources in utilization; d. processes and activities which may affect natural environment, built environment, as well as social and environmental culture; e. processes and activities which will affect the preservation conservation of natural resources and / or protection cultural heritage; f. introduction of plants, animals and microorganisms; g. manufacture and use of biological and non-biological materials; h. activities that have a high risk and / or influence national defense and / or i. application of technology which is expected to have great potential to affect the environment. (2) Further provisions regarding the types of business and / or activities must be completed with Amdal as referred to in paragraph (1) governed by regulations of the Minister. Article 24

Amdal documents referred to in Article 22 are basis for establishing the feasibility of environmental decisions. Article 25 Amdal document includes: a. assessment of the impact of business plans and / or activities; b. evaluation activities in the vicinity of the proposed business and / or activities; c. input and advice on community responses to the business plan and / or activities; d. forecasts of the magnitude and nature of the impact and its significance which results if the business plan and / or activities are carried out; e. holistic evaluation of the impacts that occur to determine the feasibility or impropriety of the environment; and f. management plan and environmental monitoring. Article 26 (1) Amdal documents referred to in Article 22 are prepared by the proponent to involve the community. (2) Community involvement must be based on the principle of transparent and complete information and be notified before activities are being implemented. (3) Communities as referred to in paragraph (1) include: a. affected; b. environmentalists, and / or c. affected for any decisions in the process Amdal. (4) Communities as referred to in paragraph (1) may apply objections to the Amdal document. Article 27 In preparing the document Amdal, the initiator as mentioned in Article 26 paragraph (1) may request assistance to other parties.

Article 28 (1) Composer Amdal as referred to in Article 26 paragraph (1) and Article 27 shall have a certificate of competency making up Amdal. (2) Criteria for obtaining a certificate of competence constituent Amdal as referred in paragraph (1) include: a. mastery of the preparation methodology for Amdal; b. ability to conduct scoping, forecasting, and evaluation impact and decision making; and c. ability of the management plan and monitoring the environment. (3) Certificate of Amdal competency as referred to in paragraph (1) is issued by a certification of competence of Amdal constituent determined by the Minister in accordance with the provisions laws and regulations. (4) Further provisions regarding the certification and competency criteria of Amdal constituent is governed by regulations of the Minister. Article 29 (1) Amdal documents is assessed by EIA Appraisal Commission established by Ministers, governors, or regents / mayors in accordance with its authority. (2) EIA Appraisal Committee shall have the license from the Minister, governor, or regent / mayor in accordance with their authority. (3) The requirements and licensing procedures as referred to in paragraph (2) are governed by Regulation of the Minister. Article 30 (1) Membership of the Commission EIA Appraisal as set forth in Article 29 consist of representatives of elements: a. environmental agencies; b. relevant technical agencies; c. experts in the field of knowledge related to the type of business and / or activity being assessed;

d. experts in the field of knowledge related to the impact arising from a business and / or activity being assessed; e. representatives of potentially affected communities; and f. environmental organization. (2) In performing its duties, the Commission is assisted by the EIA Appraisal technical team consisting of independent experts who conducted a study technical and secretariat established for it. (3) Independent experts and the secretariat referred to in paragraph (3) are determined by the Minister, governors, or regents / mayors in accordance with its authority. Article 31 Based on the results of the Amdal assessment of the Commission, Minister, governor, or regent / mayor establish eligibility decision or impropriety environment in accordance with their authority.

Article 32 (1) Government and local governments to assist the Amdal preparation for business and / or activities that affect the economically weak on the environment. (2) Support the preparation of Amdal as referred to in paragraph (1) is in the form of facilitation, cost, and / or preparation of Amdal. (3) The criteria of the business and / or activities of the economically weak is regulated by legislation. Article 33 Further provisions of Amdal as referred to from Article 22 to Article 32 are stipulated in Government Regulation. Paragraphs 6 UKL-UPL Article 34

(1) Every business and / or activities that are not included in the Amdal mandatory criteria referred to in Article 23 paragraph (1) shall have UKL-UPL. (2) governor or regent / mayor sets the type of business and / or activities which must be completed with UKL-UPL. Article 35 (1) Business and / or activities must be completed UKL-UPL referred to in Article 34 paragraph (2) shall make a statement of environmental management and monitoring capability of life. (2) Determination of the type of business and / or activities referred to in paragraph (1) is based on the criteria: a. not included in the category has a significant impact as referred to in Article 23 paragraph (1); and b. micro and small business activities. (3) Further provisions on the UKL-UPL and waiver ability management and environmental monitoring is set with the regulations of the Minister.

Paragraph 7 Licensing Article 36 (1) Every business and / or activities that are required to have Amdal or UKLUPL are required to have an environmental permit. (2) Environmental permit referred to in paragraph (1) is published based on the environment eligibility decisions as referred to in Article 31 or recommendation UKL-UPL. (3) Environmental permits as referred to in paragraph (1) shall include requirements contained in the eligibility decision environment or recommendation UKL-UPL.

(4) Environmental permits issued by the Minister, governor, or regent / mayor in accordance with their authority. Article 37 (1) The minister, governor or regent / mayor in accordance with their authority shall reject the application for an environmental permit if the permit application is not equipped with Amdal or UKL-UPL. (2) environmental permit referred to in Article 36 paragraph (4) can be canceled if: a. requirements proposed in the permit application contain legal defect, error, abuse, and untruth and / or falsification of data, documents, and / or information; b. publication without fulfilling the requirements as set forth by the commission's decision about the feasibility of the environment or UKL-UPL recommendation; or c. obligations set forth in this document or UKL-UPL Amdal are not implemented by the party responsible for the business and / or activities. Article 38 In addition to the provisions referred to in Article 37 paragraph (2), environment permits can be canceled by decision of the administrative court the state. Article 39 (1) The minister, governor or regent / mayor in accordance with authority shall publish each application and environmental permit decision. (2) The announcement as referred to in paragraph (1) conducted by easy way is known by the public.

Article 40 (1) Permit environment is a requirement to obtain permission business and / or activities. (2) In the case of revoked environmental permits, business licenses and / or activities is canceled.

(3) In terms of business and / or activity changes, responsible for the business and / or activity must renew the environment license. Article 41 Further provisions on the permit referred to in Article 36 through Article 40 are stipulated in Government Regulation. Paragraph 8 Environmental Economic Instruments Article 42 (1) In order to preserve the environment, the Government and local government shall develop and implement instruments economic environment. (2) Environmental economic instruments as referred to in paragraph (1) include: a. development planning and economic activity; b. funding environment; and c. incentives and / or disincentives. Article 43 (1) instrument development planning and economic activities as referred to in Article 42 paragraph (2) letter a consists: a. balance of natural resources and the environment; b. compilation of gross domestic product and gross regional domestic product which includes the depreciation of natural resources and damage the environment; c. mechanism of compensation / reward environment across regions; and d. internalization of environmental costs. (2) environmental financing instrument as defined in Article 42 paragraph (2) letter b shall include: a. guarantee funds for environmental restoration; b. fund pollution prevention and / or damage and recovery environment; and c. trust fund / aid to conservation. (3) Incentive and / or disincentives as referred to in Article 42 paragraph (2) letter c, among others, is applied in the form:

a. procurement of goods and services that are environment friendly; b. application of taxes, levies, subsidies and the environment; c. development of systems of financial institutions and capital market-friendly the environment; d. development of waste disposal permit trading system and / or emissions; e. development of environmental service payment system; f. development of environmental insurance; g. development of environment-friendly labeling system; and h. performance reward systems in the field of protection and management the environment. (4) Further provisions on environmental economic instruments referred to in Article 42 and Article 43 paragraph (1) to with paragraph (3) Government Regulation. Paragraph 9 Legislation Based Environment Article 44 Each draft of legislation at the national level and areas shall take into account the protection of environmental functions and principles of environmental protection and management in accordance with provisions stipulated in this Law. Paragraph 10 Environment -Based Budget Article 45 (1) Government and Parliament of the Republic of Indonesia and local government and the Regional Representatives Council shall allocate adequate budget to finance: a. protection activities and environmental management; and b. programs pertaining to the environment. (2) The Government shall allocate a special budget allocation environment adequate to be given to areas that have performance protection and environmental management good.

Article 46 In addition to the provisions referred to in Article 45, in order to recover the environmental quality which has suffered from pollution and / or damage at the time this law is established, Government and local governments are required to allocate a budget for environmental restoration. Paragraph 11 Environmental Risk Analysis Article 47 (1) Every business and / or activities that could potentially impact on the environment, threats to ecosystems and life, and / or health and human safety mandatory environmental risk analysis. (2) Analysis of environmental risks as referred to in paragraph (1) includes: a. risk assessment; b. risk management and / or c. risk communication. (3) Further provisions on environmental risk analysis are set in Government Regulation. Paragraph 12 Environmental Audit Article 48 The government encourages the business and / or activities to responsibly conduct an environmental audit in order to improve performance of the environment. Article 49 (1) The Minister requires that an environmental audit to: a. business and / or specific activities at high risk of environment; and / or b. responsible for the business and / or activities that demonstrate disobedience of the laws and regulations. (2) The party responsible for the business and / or activity must carry out audits the

environment. (3) Implementation of an environmental audit of certain activities performed regularly at high risk. Article 50 (1) If the party responsible for the business and / or activities do not perform obligation referred to in Article 49 paragraph (1), the Minister may conduct or assign an independent third party to carry out an environmental audit at the expense of the responsible person business and / or activity concerned. (2) The Minister shall announce the results of an environmental audit. Article 51 (1) An environmental audit referred to in Article 48 and Article 49 is carried out by the auditors of the environment. (2) The auditor of the environment as referred to in paragraph (1) shall be certified environmental auditor competence. (3) Criteria for environmental auditors to obtain a certificate of competence living as referred to in paragraph (2) includes the ability to: a. understand the principles, methodologies, and environmental audit protocol; b. conduct an environmental audit which includes the stages of planning, implementation, conclusions, and reporting; and c. formulate recommendations for follow-up corrective measures of environmental audit. (4) Certificate of competency as environmental auditors referred to in paragraph (2) is issued by a certification of competence body in accordance with the provisions of the legislation. Article 52 Further provisions on the environmental audit as referred to in Article 48 through Article 51 is regulated by The Minister.

Part Three Countermeasures Article 53 (1) Any person doing the pollution and / or environmental life is required to control pollution and / or damage to the environment. (2) Prevention of pollution and / or damage to the environment as referred to in paragraph (1) is carried out by: a. provision of warning information pollution and / or damage environment to the community; b. isolating pollution and / or damage to the environment; c. cessation of pollution sources and / or environmental damage life and / or d. other ways in accordance with the development of science and the technology. (3) Further provisions on procedures for pollution prevention and / or damage to the environment as referred to in paragraph (1) is stipulated in Government Regulation. Part Four Recovery Article 54 (1) Any person doing the pollution and / or destruction environment must conduct environmental restoration of function of life. (2) Recovery of environmental functions as referred to in paragraph (1) carried out in stages: a. cessation of pollution sources and pollutant cleaning element; b. remediation; c. rehabilitation; d. restoration and / or e. other ways in accordance with the development of science and the technology. (3) Further provisions on the procedure for recovery of function the environment as

referred to in paragraph (2) are arranged in Government Regulation.

Article 55

(1) The holder of an environmental permit as referred to in Article 36 paragraph (1) shall provide a guarantee fund for the restoration of the environment function of life. (2) Funds deposited in a bank guarantee of government are designated by the Ministers, governors, or regents / mayors in accordance with their authority. (3) The Minister, governors, or regents / mayors in accordance with their authority can assign a third party to perform the recovery function environment by using the guarantee fund. (4) Further provisions on the guarantee fund referred to in paragraph (1) through paragraph (3) are regulated in Government Regulation.

Article 56

Further provisions on pollution control and / or environmental damage as referred to in Article 13 to with Article 55 are stipulated in Government Regulation.

CHAPTER VI MAINTENANCE Article 57

(1) Maintenance of environment is done through the efforts of: a. conservation of natural resources; b. reserve of natural resources and / or c. preservation of function of the atmosphere. (2) Conservation of natural resources referred to in paragraph (1) letter a covers the

following activities: a. protection of natural resources; b. preservation of natural resources; and c. sustainable use of natural resources. (3) Backup of the natural resources referred to in paragraph (1) letter b is a natural resource that cannot be managed in period of time. (4) Preservation of atmospheric functions referred to in paragraph (1) letter c includes: a. mitigation efforts and adaptation to climate change; b. safeguard the ozone layer, and c. efforts to protect against acid rain. (5) Further provisions concerning the conservation and reservation of resources natural resources and preservation of the functions referred to in the atmosphere paragraph (1) are regulated by Government Regulation.

CHAPTER VII THE MANAGEMENT OF HAZARDOUS AND TOXIC MATERIALS AND HAZARDOUS WASTE AND TOXIC Part One Management of Hazardous and Toxic Materials Article 58

(1) Every person who enters into the territory of the Unitary Republic of Indonesia, producing, transporting, distributing, store, use, dispose of, process, and / or stockpiling B3 must carry out management. (2) Further provisions on the management of B3 as mentioned in paragraph (1) Government Regulation.

Part Two Management of Hazardous and Toxic Waste Article 59

(1) Any person who produces B3 waste must carry out management B3 waste it generates. (2) In the case of B3 referred to in Article 58 paragraph (1) being expired, the management follows the B3 waste management. (3) In the event that everyone is not able to do his own management B3 waste, its management is handed over to the other party. (4) The management of B3 waste must obtain a permit from the minister, governor, or regent / mayor in accordance with their authority. (5) The Minister, governor or regent / mayor shall mention environmental requirements that must be met and obligations B3 waste management must be adhered to in the permit. (6) The decision to grant permission must be announced. (7) Further provisions on waste management set in B3 Government Regulation.

Part Three Dumping Article 60

Any person is prohibited from dumping waste and / or materials to environmental media without permission.

Article 61

(1) dumping as referred to in Article 60 can only be done with the permission of the minister, governor or regent / mayor accordance with their authority.

(2) dumping as referred to in paragraph (1) can only be done at the predetermined location. (3) Further provisions on the procedures and requirements of dumping waste or material are regulated in Government Regulation.

CHAPTER VIII INFORMATION SYSTEM Article 62

(1) Government and local governments are to develop environment information systems to support the implementation and development protection policies and environmental management. (2) The environment information system is done in an integrated and shall be coordinated and published to the public. (3) Environmental information system shall at least contain the information on the status of the environment, map-prone environment, and other environmental information. (4) Further provisions on environmental information systems are governed by regulations of the Minister.

CHAPTER IX DUTIES AND POWERS OF GOVERNMENT AND LOCAL GOVERNMENT Article 63

(1) In the protection and environmental management, the Governments duty and authority is to: a. establish a national policy; b. establish norms, standards, procedures, and criteria; c. establish and implement policies regarding RPPLH national;

d. establish and implement policies regarding KLHS; e. establish and implement policies regarding Amdal and UKLUPL; f. hold a national inventory of natural resources and greenhouse gas emissions; g. develop standards of cooperation; h. coordinate and implement pollution control and / or damage to the environment; i. establish and implement policies on resource biological and non-biological nature, biodiversity, resource genetic, and biological safety of genetically engineered products; j. establish and implement policies regarding the control impacts of climate change and ozone layer protection; k. establish and implement policies on B3, waste, as well as B3 waste; l. establish and implement policies regarding the protection marine environment; m. establish and implement policies on pollution and / or environmental damage across national borders; n. guide and supervise the implementation of national policies, regulations, and rules the head area; o. conduct training and supervision of compliance of responsible for the business and / or activities of the licensing provisions environmental legislation and regulations; p. develop and implement environmental instruments; q. coordinate and facilitate cooperation and dispute resolution and settlement of inter-regional dispute; r. develop and implement management policies complaints; s. set minimum service standards; t. establish a policy on procedures for recognition existence of indigenous people, local wisdom, and the right indigenous people related to the protection and environmental management; u. manage the national environmental information;

v. coordinate, develop, and socialize utilization of environmental friendly technologies; w. provide education, training, coaching, and awards; x. develop the means and standard laboratory environment life; y. issue environmental permits; z. establish the ecoregions; and aa. enforcement of environmental laws. (2) In the protection and management of environment, government provinces on duty and authority is to: a. establish provincial policy; b. establish and implement KLHS provincial level; c. establish and implement policies regarding RPPLH the province; d. establish and implement policies regarding Amdal and UKLUPL; e. conduct an inventory of natural resources and greenhouse gas emissions greenhouse at the provincial level; f. develop and implement cooperation and partnerships; g. coordinate and implement pollution control and / or destruction of the environment trans regency / municipality; h. to guide and supervise the implementation of policies, regulations, and rules the regional head regency / city; i. conduct training and supervision of compliance of those responsible business and / or activity of the provisions of the environmental licensing and legislation in the field of protection and environmental management; j. develop and implement environmental instruments; k. coordinate and facilitate cooperation and settlement dispute kabupaten / intercity and settlement dispute; l. conduct training, technical assistance, and supervision to districts / cities in the area of programs and activities; m. carry out minimum service standards;

n. establish a policy on procedures for recognition of the existence of indigenous people, local wisdom, and community rights customary law relating to the protection and management environment at the provincial level; o. manage provincial environmental information; p. develop and promote the use of technology friendly environment; q. provide education, training, coaching, and rewards; r. issue environmental permit at the provincial level, and s. enforcement of environmental laws at the level the province. (3) In the protection and management of environment, government county / city is assigned and authorized to: a. establish policies at the district / city; b. establish and implement KLHS district / city level; c. establish and implement policies regarding RPPLH regency / city; d. establish and implement policies regarding Amdal and UKLUPL; e. conduct an inventory of natural resources and greenhouse gas emissions greenhouse at the regency / city; f. develop and implement cooperation and partnerships; g. develop and implement environmental instruments; h. facilitate the settlement of disputes; i. conduct training and supervision of compliance of responsible for the business and / or activities of the licensing provisions environmental legislation and regulations; j. carry out minimum service standards; k. implement a policy on procedures for recognition existence of indigenous people, local wisdom, and the right indigenous people related to the protection and environmental management at district / city level; l. manage environmental information at the district / city; m. develop and implement information systems policy environmental district / city level;

n. provide education, training, coaching, and rewards; o. issue environmental permit at the district / city and p. enforce environmental laws at the level districts / cities.

Article 64

Duties and authority of the Government as referred to in Article 63 paragraph (1) are implemented and / or coordinated by the Minister.

CHAPTER X RIGHTS, DUTIES, AND PROHIBITION Part One Right Article 65

(1) Every person has the right to good environment and healthy as part of human rights. (2) Every person is entitled to environmental education, access information, access to participation, and access to justice in fulfilling the rights good for the environment and healthy. (3) Every person has the rights to propose and / or objections to business plan and / or activities that may impact on the environment. (4) Every person has the right to play a role in the protection and management environment in accordance with statutory regulations. (5) Every person is entitled to make a complaint due to alleged pollution and / or destruction of the environment. (6) Further provisions on procedures for complaint as referred to in paragraph (5) are regulated by the Minister.

Article 66

Any person who fights for the rights to good living environment and healthy cannot be prosecuted criminally or sued in civil law.

Part Two Obligation Article 67

Every person is obliged to preserve the function of the environment and controlling pollution and / or damage to the environment.

Article 68

Any person doing business and / or activity must: a. provide information related to the protection and management environment is correct, accurate, open, and timely; b. maintain the sustainability of environmental functions; and c. comply with the provisions of environmental quality standards and / or criteria Standard environmental damage.

Part Three Prohibition Article 69

(1) Any person is prohibited from: a. performing acts that lead to pollution and / or destruction of the environment; b. inserting prohibited B3 by legislation regulations into the territory of the Republic of Indonesia;

c. inserting waste originating from outside the territory of the Unitary Republic of Indonesia to the media environment of the Unitary Republic of Indonesia; d. inserting B3 waste into the territory of the Republic Indonesia; e. disposing of waste to an environmental medium; f. dumping B3 and B3 waste to an environmental medium; g. releasing genetically modified items to an environmental medium as opposed to the legislation or environmental permits; h. conducting land clearing by burning; i. compiling Amdal without a certificate of competency; and / or j. providing false information, misleading, eliminating the information, damaging information, or provide information that is not true. (2) The provisions referred to in paragraph (1) letter h are noticed in accordance with local knowledge in their respective areas.

CHAPTER XI THE ROLE OF COMMUNITY Article 70

(1) The public has the same rights and opportunities and the widest to play an active role in environmental protection and management of life. (2) The role of the public may be: a. social supervision; b. provision of advice, opinions, suggestions, objections, complaints and / or c. delivery of information and / or reports. (3) The role of the community is made to: a. raise awareness in the protection and management the environment; b. increase independence, empowerment, and partnerships; c. develop the capacity and initiative; d. foster community responsiveness carrying out social supervision, and

e. develop and maintain the culture and local wisdom in framework of environment conservation.

CHAPTER XII SUPERVISION AND ADMINISTRATIVE PENALTY Part One Supervision Article 71

(1) The minister, governor or regent / mayor in accordance with their authority is obliged to supervise the compliance of those responsible business and / or activities on the terms set forth in legislation in the field of protection and management the environment. (2) Ministers, governors, or regents / mayor can delegate its authority in overseeing the officials / technical institution that is responsible in the field protection and environmental management. (3) In exercising supervision, minister, governor, or regent / mayor selects environmental regulatory officials as functional officer.

Article 72

Ministers, governors, or regents / mayors in accordance with their mandatory party are responsible for compliance oversight of business and / or activities of environmental permits.

Article 73

Minister may conduct supervision of compliance of those responsible business and / or activities that permit issued by the government environment area if the

Government considers that there is a serious breach in the field protection and environmental management.

Article 74

(1) The official supervisor of the environment as referred to in Article 71 Paragraph (3) is authorized for: a. monitoring; b. asking for information; c. make copies of documents and / or make notes required; d. entering a particular place; e. photographing; f. making audio visual recordings; g. taking samples; h. checking equipment; i. checking the installation and / or transportation equipment, and / or j. stopping certain violations. (2) In performing its duties, the official of the environment can coordinate with the investigation authorities of civil servants. (3) The party responsible for the business and / or activity is prohibited from blocking execution of official duties of environmental inspectors.

Article 75

Further provisions on procedures for the appointment of environment supervisory officers and procedures for supervision as referred to in Article 71 paragraph (3), Article 73 and Article 74 are provided for in Government Regulation.

Part Two Administrative PENALTY Article 76

(1) The minister, governor or regent / mayor applies administrative penalty to the management of business and / or activities if the supervision finds violations of environmental permits. (2) The administrative penalty shall consist of: a. written warning; b. government coercion; c. freezing of environmental permits; or d. revocation of environmental permits.

Article 77

Minister may apply administrative penalty against the responsible business and / or activities party if the Government considers local government deliberately not applying administrative penalty against serious violations in the field of environmental protection and management.

Article 78

Administrative penalty as referred to in Article 76 does not take off the responsibility for the business and / or activity of recovery and criminal.

Article 79

Imposition of administrative penalty suspension or revocation of license environment referred to in Article 76 paragraph (2) letter c and d is done if the person in charge of business and / or activities does not implement government pressure.

Article 80 (1) government pressure referred to in Article 76 paragraph (2) letter b is in the form of: a. temporary cessation of production activities; b. transfer of production facilities; c. closure of the waste water sewer or emissions; d. demolition; e. confiscation of goods or equipment that could potentially cause offense; f. suspension of all activities; or g. Other measures aim to stop the violation and actions to restore environmental functions. (2) Imposition of government pressure can be dropped without any prior reprimand if the violation does cause: a. a very serious threat to humans and the environment; b. greater impact and more widespread if not immediately stop pollution and / or damaging and / or c. greater losses to the environment if not immediately stop pollution and / or damaging.

Article 81

Every person in charge of business and / or activities that does not implement government coercion could be fined for every delay in the implementation of forcible government penalty.

Article 82

(1) The minister, governor or regent / mayor is authorized to compel liability of the party of the business and / or activities to perform restoration of the environment from pollution and / or destruction of the environment is doing. (2) Ministers, governors, or regents / mayors authorized or can appoint a third party to perform environmental restoration life due to pollution and / or destruction of the environment done at the expense of responsible business and / or activities.

Article 83

Further provisions concerning administrative sanctions are provided for in Government Regulation.

Chapter XIII ENVIRONMENTAL DISPUTE SETTLEMENT Part One General Article 84

(1) Settlement of environmental disputes can be reached through court or out of court.

(2) Choice of environmental dispute resolution is done willingly by the parties in dispute. (3) The lawsuit through the courts can only be taken if the effort of settlement of disputes out of court declared unsuccessful.

Part Two Environmental Dispute Settlement Out of Court Article 85

(1) Settlement of environmental disputes outside the courts is done to reach agreement on: a. form and amount of indemnification; b. recovery action due to pollution and / or destruction; c. specific measures to guarantee will not repeat pollution and / or destruction and / or d. measures to prevent negative impacts on the environment. (2) Settlement of disputes outside the courts that does not apply to acts environmental crime as provided in this Act. (3) In the settlement of environmental disputes outside the courts services of mediators and / or arbitrator can be used to resolve environmental disputes.

Article 86

(1) Community service agencies may establish settlement environmental disputes which is free and impartial. (2) Government and local governments can facilitate an environmental agency to help with dispute resolution services which is free and impartial. (3) Further provisions on settlement service agencies on environmental disputes

are regulated by the Government.

Part Three Environmental Dispute Settlement Through the Court Paragraph 1 Compensation and Recovery Environment Article 87

(1) Every person in charge of business and / or activities that do unlawful acts of pollution and / or destruction of the environment that cause harm to people another or the environment must pay compensation and / or perform certain actions. (2) Any person doing the transfer, conversion properties and business forms, and / or activities of a business entity which violate the law is not released from the legal liability and / or obligations of these enterprises. (3) The court may set compulsory payments to the everyday of delay for the implementation of court decisions. (4) The amount of force must be decided on regulation legislation.

Paragraph 2 Absolute Liability Article 88

Any person whose actions, efforts, and / or activities using B3, produce and / or manage the B3 waste, and / or pose a serious threat to the environment is absolutely responsible for damages which occur without necessary element of proving the mistake.

Paragraph 3 Expiry of Deadline for Filing Claims Article 89

(1) Expiry of Deadline to file a lawsuit to court following the time limit as stipulated in the Book Civil Law Act and is calculated from the known presence of pollution and / or damage to the environment. (2) The provisions regarding expiration deadlines do not apply to pollution and / or environmental damage caused by business and / or activities that use and / or manage B3 as well as producing and / or manage the B3 waste.

Paragraph 4 Right to Sue Government and Local Government Article 90

(1) Government agencies and local governments are responsible authorities in the field of environmental lawsuit filed loss and certain actions against businesses and / or activities cause pollution and / or damage to the environment resulting in environmental damage. (2) Further provisions on environmental harm as referred to in paragraph (1) shall be further are stipulated by regulation of the Minister.

Paragraph 5 Community Right to Sue Article 91

(1) The public right to bring class actions for benefit of himself and / or for the benefit of the community when experiencing losses due to pollution and / or damage the environment.

(2) The suit may be filed if there are common facts or events, legal basis, as well as the types of demands among the representative groups and members the group. (3) Provisions on the rights of people are held accountable in accordance with laws and regulations.

Paragraphs 6 Environmental Rights Organization Sues Article 92

(1) In the implementation of protection and management responsibility environment, environmental organizations file a lawsuit entitled for the sake of preservation of environmental functions. (2) Rights to file a lawsuit limited to claims for certain actions without any claims for compensation, unless it is real cost or spending. (3) Environmental organizations can file a lawsuit if it meets the requirements of: a. legal entity; b. asserted in their statutes that the organization is established for the benefit of preservation of environmental functions; and c. has implemented concrete activities in accordance with its articles minimum of 2 (two) years.

Paragraph 7 Administrative Lawsuit Article 93

(1) Any person may file a lawsuit against a decision procedure state business if: a. administrative agency or official state environmental permits issued to business and / or activities that must apply Amdal is not equipped with Amdal documents; b. administrative agency or official state environmental permits issued the activities

required to UKL-UPL, is not equipped with UKL-UPL documents and / or c. administrative agency or official state business license issued and / or activities that are not equipped with environmental permits. (2) Procedures for filing a lawsuit against the decisions of state administrative refer to the Law of the State Administrative Court.

CHAPTER XIV INVESTIGATION AND EVIDENCE Part One Investigations Article 94

(1) In addition to investigating police officers of the Republic of Indonesia, certain civil servants within the government agency whose scope of duties and responsibilities are in the field of protection and management environment are given the authority as investigators as referred to in Criminal Proceedings, to conduct an investigation environmental crime. (2) Investigator officials authorized civil servants: a. verify a report or information relating to criminal offenses in the field of protection and environmental management; b. conduct an examination of any person suspected criminal act in the field of protection and management the environment; c. request information and evidence from any person in respect with criminal events in the field of protection and environmental management; d. conduct examination of books, records and other documents relating to criminal offenses in the field of protection and environmental management; e. checks in certain places that allegedly contained material evidence, books, records and other documents; f. to confiscation of infringing goods and materials which can be used as evidence in

criminal cases in the field protection and environmental management; g. ask for expert assistance in the execution of the duties of investigation criminal violation of environmental protection and management life; h. discontinue the investigation; i. entering certain places, photographing, and / or recording audio visual; j. do a search on the body, clothes, room, and / or other places which allegedly is the place to do crime; and / or k. arrest and detain criminals. (3) In carrying out the arrest and detention referred in paragraph (2) letters k, investigators coordinate civil officials with police officers investigating the Republic of Indonesia. (4) In the case of civil servants investigating officer conduct an investigation, investigators civil officials told the investigator police officers and investigators of the Republic of Indonesia police officers Republic of Indonesia providing assistance to the smooth the investigation. (5) Investigator officials tell commencement of civil servants investigation to the public prosecutor with a copy to the investigator State police officials of the Republic of Indonesia. (6) The results of the investigation that has been done by investigators civil servants presented to the public prosecutor.

Article 95 (1) In the framework of law enforcement against perpetrators of criminal acts environment, law enforcement can be integrated between investigator of civil servants, police and prosecutors under the coordination of the Minister. (2) Further provisions concerning the implementation of an integrated law enforcement regulated by legislation.

Part Two Verification Article 96

Valid evidence in criminal environmental charges consists of: a. statements of witnesses; b. expert testimony; c. letters; d. instructions; e. description of the defendant; and / or f. other evidence, including evidence provided in regulations the legislation.

CHAPTER XV PENALTY PROVISIONS Article 97 Criminal acts in this law constitutes a crime. Article 98

(1) Any person who knowingly acts in dilampauinya resulting ambient air quality standards, quality standards water, sea water quality standard, or standard criteria of environmental damage shall be sentenced to life imprisonment for 3 (three) years and a maximum of 10 (ten) years and a fine of not less Rp3.000.000.000, 00 (three billion rupiahs) and at most 10,000,000,000, 00 (ten billion rupiahs). (2) If the act referred to in paragraph (1) resulted in an injury and / or human health hazards, shall be punished with imprisonment for 4 (four) years and maximum of 12 (twelve) years and a fine of not less Rp4.000.000.000, 00 (four billion rupiahs) and at most Rp12.000.000.000, 00 (twelve billion dollars). (3) If the act referred to in paragraph (1) resulted in the serious injury or death, shall be sentenced to imprisonment for 5

(five) years and a maximum of 15 (fifteen) years and a fine of at least 5.000.000.000, 00 (five billion rupiahs) and at most Rp15.000.000.000, 00 (fifteen billion rupiahs).

Article 99

(1) Any person who negligently cause dilampauinya ambient air quality standards, water quality, marine water quality standard, or Standard environmental damage criteria, shall be punished with imprisonment for 1 (one) year and maximum 3 (three) years and a minimum fine Rp1.000.000.000, 00 (one billion rupiah) and Rp3.000.000.000 at most, 00 (three billion dollars). (2) If the act referred to in paragraph (1) resulted in an injury and / or human health hazards, shall be punished with imprisonment for 2 (two) years and than 6 (six) years and a fine of not less Rp2.000.000.000, 00 (two billion rupiahs) and at most Rp6.000.000.000, 00 (six billion dollars). (3) If the act referred to in paragraph (1) resulted in the serious injury or death, shall be sentenced to imprisonment for 3 (three) years and a maximum of 9 (nine) years and a fine of not less Rp3.000.000.000, 00 (three billion rupiahs) and most widely Rp9.000.000.000, 00 (nine billion dollars).

Article 100

(1) Any person who violates waste water quality standard, quality standard emissions, disturbance or quality standard shall be punished with imprisonment than 3 (three) years and a fine of not more Rp3.000.000.000, 00 (three billion dollars). (2) The offenses referred to in paragraph (1) may only be subject to administrative sanctions if that has not dropped complied with or the violation was committed

more than once.

Article 101

Any person who releases and / or distribute engineering products genetically to the environmental media as opposed to the regulation the laws or environmental permits as referred to in Article 69 paragraph (1) letter g shall be punished with imprisonment of 1 (one) year and maximum 3 (three) years and a fine of little Rp1.000.000.000, 00 (one billion rupiahs) and at most Rp3.000.000.000, 00 (three billion dollars).

Article 102

Any person who without the permission of B3 waste management as referred to in Article 59 paragraph (4) shall be punished with imprisonment of 1 (one) year and maximum 3 (three) years and a fine of not less Rp1.000.000.000, 00 (one billion rupiahs) and at most Rp3.000.000.000, 00 (three billion dollars).

Article 103

Any person who produces waste B3 and do management referred to in Article 59 shall be punished with imprisonment for 1 (one) year and maximum 3 (three) years and a fine at least Rp1.000.000.000, 00 (one billion rupiahs) and at most Rp3.000.000.000, 00 (three billion dollars).

Article 104

Any person who did the dumping of waste and / or materials to the media environment without the permit referred to in Article 60 shall be punished with

imprisonment of 3 (three) years and a fine Rp3.000.000.000 at most, 00 (three billion dollars).

Article 105

Any person who put the waste into the territory of the Unitary Republic of Indonesia as referred to in Article 69 paragraph (1) letter c shall be punished with imprisonment for 4 (four) years and the most long of 12 (twelve) years and a fine of at least Rp4.000.000.000, 00 (Four billion rupiahs) and at most Rp12.000.000.000, 00 (twelve billion rupiahs).

Article 106

Every person who enters B3 waste into the territory of the Unitary Republic of Indonesia as referred to in Article 69 paragraph (1) letter d shall be punished with imprisonment of 5 (five) years and the most of 15 (fifteen) years and a fine of at least 5.000.000.000, 00 (Five billion rupiahs) and at most Rp15.000.000.000, 00 (fifteen billion rupiahs).

Article 107

Every person who enters B3 prohibited by regulations legislation into the territory of the Republic of Indonesia referred to in Article 69 paragraph (1) letter b shall be imprisonment for 5 (five) years and a maximum of 15 (five twelve) years and a fine of at least 5.000.000.000, 00 (five billion rupiahs) and at most Rp15.000.000.000, 00 (fifteen billion rupiahs). Article 108

Any person doing the burning of land as referred to in Article 69 paragraph (1) letter h shall be punished with imprisonment 3 (three) years and a maximum 10 (ten) years and a fine of little Rp3.000.000.000, 00 (three billion rupiahs) and at most 10,000,000,000, 00 (ten billion rupiahs).

Article 109

Any person doing business and / or activities without a permit environment referred to in Article 36 paragraph (1) shall be sentenced to imprisonment for 1 (one) year and maximum 3 (three) years and a minimum fine Rp1.000.000.000, 00 (one billion rupiah) and many Rp3.000.000.000, 00 (three billion dollars).

Article 110

Any person who compiled Amdal without having a certificate of competence Amdal constituent referred to in Article 69 paragraph (1) letter i shall be punished with imprisonment of 3 (three) years and a fine of many Rp3.000.000.000, 00 (three billion dollars).

Article 111

(1) The official poster environmental permit issuing environmental permits equipped with or without Amdal referred UKL-UPL in Article 37 paragraph (1) shall be punished with imprisonment of three (Three) years and a fine of not more Rp3.000.000.000, 00 (three billion rupiahs). (2) Officers giving a business license and / or activity of issuing permits

business and / or activity without an environmental permit is equipped with referred to in Article 40 paragraph (1) shall be sentenced to imprisonment of 3 (three) years and a fine of not more Rp3.000.000.000, 00 (three billion dollars).

Article 112 Any authorized officer who deliberately did not do supervise the compliance of those responsible for the business and / or activities against legislation and environmental permits referred to in Article 71 and Article 72, which result in contamination and / or environmental damage resulting in loss of human life, shall be punished with imprisonment of 1 (one) year or a fine of not more Rp500.000.000, 00 (five hundred million rupiahs).

Section 113

Any person who provides false information, misleading, remove information, damaging information, or provide Incorrect information necessary in connection with supervision and enforcement of the law relating to protection and environmental management as referred to in Article 69 paragraph (1) letter j shall be punished with imprisonment of one (1) years and a fine of not more Rp1.000.000.000, 00 (one billion rupiahs).

Article 114 Every person in charge of business and / or activities that do not perform government coercion shall be punished with imprisonment of one (1) years and a fine of not more Rp1.000.000.000, 00 (one billion rupiahs).

Article 115 Any person who willfully prevents, obstructs, or frustrate the implementation of the official duties of environmental inspectors and / or civil investigation authorities shall be punished with imprisonment of 1 (one) years and a fine of not more Rp500.000.000, 00 (five hundred million rupiahs). Article 116 (1) If the environmental crimes committed by, to, or above name of business entities, criminal prosecution and criminal sanctions imposed to: a. business entities and / or b. people who give orders to commit criminal acts or person acting as a leader in the activities the crime. (2) If the offense referred to in the environment paragraph (1) conducted by the people, which is based on employment or based on other relationships that act within the scope of agency work business, criminal sanctions imposed against the command or leader in the criminal act without regard to the followcrime was committed alone or together. Article 117 If criminal charges are filed with the command or leader criminal act referred to in Article 116 paragraph (1) letter b, threat of criminal sanctions of imprisonment and a fine is with a third. Article 118 On criminal acts referred to in Article 116 paragraph (1) letters a, criminal sanctions imposed on business entities are represented by management authorized representative within and outside the court

accordance with statutory regulations as functional perpetrators. Section 119 In addition to crime as referred to in this Act, against business entities may be subject to additional criminal or procedural measures the form: a. deprivation of the benefits obtained from crime; b. closure of all or part of the business and / or activities; c. improvements as a result of crime; d. compulsory to do what is neglected without rights, and / or e. placement under guardianship company longer than 3 (three) years. Article 120 (1) In implementing the provisions referred to in Article 119 letters a, b, c, and d, prosecutors coordinate with the agency in charge of protection and environmental management to carry out the execution. (2) In implementing the provisions referred to in Article 119 letter e, the Government is authorized to manage the business entity 38 sanctioned placement under guardianship for implement court decisions that have legal force fixed. CHAPTER XVI TRANSITIONAL PROVISIONS Article 121 (1) At the time of enactment of this Act, within a period of 2 (Two) years, every business and / or activities that have been licensed business and / or activities but do not yet have mandatory Amdal document completing an environmental audit. (2) At the time of enactment of this Act, within a period of 2

(Two) years, every business and / or activities that have been licensed business and / or activities but do not yet have UKL-UPL shall make document management environment. Article 122 (1) At the time of enactment of this Act, within a period of 1 (One) year, each constituent must have a certificate of competency Amdal Amdal constituent. (2) At the time of enactment of this Act, within a period of 1 (One) year, any environmental auditor must have a certificate environmental auditor competence. Article 123 All licenses in the field of environmental management that have been issued by the minister, governor or regent / mayor in accordance with their authority must be integrated into the environmental permit maximum 1 (one) year from the This law established. CHAPTER XVII CLOSING Article 124 At the time the Act comes into force, all regulatory legislation which is the implementing regulations of the Act Number 23 of 1997 on Environmental Management (Gazette Republic of Indonesia Year 1997 Number 68, Supplement Republic of Indonesia Number 3699) declared still valid as long as not contrary to or not replaced with new regulations under this Act. Article 125 At the time the Act comes into force, Law Number 23 Of 1997 on Environmental Management (State Gazette Republic of Indonesia Year 1997 Number 68, Additional State Gazette

Republic of Indonesia Number 3699) is revoked and declared invalid. 39 Article 126 Implementing regulations mandated in this Act set a maximum 1 (one) year after this Act put in place. Article 127 This Act shall come into force on the date of promulgation. For public cognizance, it is ordered This Act by publishing in the Government Gazette Republic of Indonesia. Ratified in Jakarta on October 3, 2009 PRESIDENT OF THE REPUBLIC OF INDONESIA, DR. H. SUSILO BAMBANG YUDHOYONO Promulgated in Jakarta on October 3, 2009 MINISTER OF JUSTICE AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA ANDI MATTALATTA REPUBLIC OF INDONESIA YEAR 2009 NUMBER 140. 40 EXPLANATION THE LAW OF THE REPUBLIC OF INDONESIA NUMBER 32 OF 2009 ABOUT ENVIRONMENTAL PROTECTION AND MANAGEMENT I. GENERAL 1. Constitution of the Republic of Indonesia Year 1945

states that the environment is good and healthy life is human rights and constitutional rights for every citizen of Indonesia. Therefore, countries, governments and all stakeholders interests of protection and obliged to perform environmental management in the implementation of development sustainable environment that Indonesia could still be resources and life support for the people of Indonesia as well as being another life. 2. Unitary State of Republic of Indonesia lies in the cross position between two continents and two oceans with a tropical climate and weather and season, which produces a highly valuable natural conditions. In addition to that Indonesia has the second longest coastline in the world with large populations. Indonesia has a wealth of biodiversity and natural resources are abundant. Wealth needs to be protected and managed in a system protection and management of integrated environmental and integrated between the marine environment, land and air based insights into the archipelago. Indonesia also be in a position very vulnerable to the impacts of climate change. These impacts include the decline in food production, disruption of water supply, the spread of pests and plant diseases and human diseases, rising sea levels, sinking pulaupulau small, and loss of biodiversity. Availability of natural resources in terms of quantity or quality is not evenly, while the construction activities require resources natural increase. Development activities also contain the risk of pollution and environmental damage. This condition can result in the carrying capacity, capacity, and environmental productivity decline that eventually became

social burden. Therefore, the Indonesian environment must be protected and properly managed based on the principles of state responsibility, the principle sustainability, and fairness. In addition, environmental management life should be able to provide economic benefits, social, and culture that is based on the principle of prudence, democracy environment, decentralization, and the recognition and respect for local wisdom and the wisdom of the environment. Protection and environmental management demands development of an integrated system in the form of a policy 41 national protection and environmental management that must be implemented consistently and consequences from the center to the the area. 3. The use of natural resources must be harmonious, and balanced with function Iingkungan life. As a consequence, policy, plans, and / or program development must be animated by the obligation make preservation of the environment and realize the goal of of sustainable development. This Act requires the Government and local government to create a strategic environmental assessment (KLHS) for ensure that the principles of sustainable development has become basic and integrated in the development of an area and / or policies, plans, and / or programs. In other words, the results KLHS should be the basis for policies, plans and / or program development within a region. If the results stated KLHS that the carrying capacity is exceeded, policies, plans, and / or development programs shall be repaired KLHS accordance with the recommendations and all the effort and / or activities

which has exceeded the carrying capacity of the environment life is not allowed anymore. 4. Science and technology have improved the quality of life and change human lifestyles. Use of chemical-based products have been increase the production of hazardous and toxic wastes. It was demands the development of a safe disposal system with small risk to the environment, health, and survival of human and other living creatures. In addition to producing products that are beneficial to society, industrialization also had the effect, among others, resulting hazardous materials and toxic wastes, which if discharged into environmental media can threaten the environment, health, and survival of human beings and other living creatures. By realizing this, hazardous materials and toxic materials need to be protected and managed properly. Territory of the Unitary Republic of Indonesia must be free of disposal of waste materials hazardous and toxic substances from outside the territory of Indonesia. Recognizing the potential negative impacts as consequences of development, efforts continue to be developed impact control early. Analysis of the impact environment (EIA) is one of the preemptive management environment that continues to be strengthened by increasing the accountability in the implementation of the preparation Amdal with require licensing for appraisers Amdal and implementation certification for Amdal constituent documents, and by clarifying legal sanctions for the offenders in the area of Amdal. EIA is also one of the key requirements in obtaining absolute environmental permits held before a business license is obtained. 5. Preventive efforts in order to control environmental impacts

need to be implemented by utilizing the maximum 42 instrument control and permissions. In terms of pollution and environmental damage has occurred, efforts are required repressive form of effective law enforcement, consistent, and consistent with the pollution and environmental damage already occurred. In this regard, the need to develop a system legal protection and environmental management are clear, decisive, and comprehensive to ensure legal certainty as foundation for the protection and management of natural resources and other development activities. This Act also utilize various legal provisions, good administrative law, civil law, and criminal law. Provisions of civil law including the settlement of environmental disputes life outside the court and in court. Completion environmental disputes in the courts include a lawsuit representative groups, environmental organizations the right to sue, or the right government accountability. Through this way than would be expected deterrent effect will also increase awareness of all stakeholders on how important the protection and environmental management for the life of today's generation and the future. 6. Enforcement of criminal law in this Act to introduce The minimum penalty in addition to the maximum, the expansion tool evidence, punishment for violations of quality standards, alignment criminal law enforcement, and regulation of corporate crime. Enforcement of environmental criminal law taking into account the principle ultimum remedium which requires the application of law enforcement

criminal as a last resort after the application of law enforcement administration considered unsuccessful. Application of the principle ultimum remedium applies only to certain formal criminal acts, namely criminalization of violations of water quality standards of waste, emissions, and distractions. 7. The fundamental difference between the Act No. 23 of 1997 on environmental management with this Act is the strength contained in this Act about the principles of environmental protection and management which is based on good governance because in every process of formulation and implementation of prevention instruments pollution and / or damage to the environment and prevention and law enforcement requires the integration aspects of transparency, participation, accountability, and fairness. 8. In addition, this Act also regulates: a. integrity of the elements of environmental management; b. clarity of authority between central and regional levels; c. strengthening their efforts on environmental control; d. strengthening pollution prevention instruments and / or damage environment, which includes environmental assessment instrument strategic, spatial, environmental quality standards, standard criteria 43 environmental damage, Amdal, environmental management efforts life and environmental monitoring efforts, licensing, environmental economic instruments, regulatory legislation based environment, environment-based budget life, environmental risk analysis, and other instruments accordance with the development of science and technology; e. efficient use of licensing as an instrument of control;

f. utilization of the ecosystem approach; g. certainty in responding to and anticipating developments global environment; h. strengthening environmental democracy through access to information, access participation, and access to justice and strengthening the rights of communities in the protection and management of the environment; i. enforcement of civil law, administrative, and criminal in a more clear; j. institutional strengthening of environmental protection and management live a more effective and responsive; and k. strengthening environmental regulatory authority officials and civil servant investigators environment. 9. This Act provides broad authority to the Minister to carry out the whole of government authority in protection and management of environment and perform coordination with other agencies. Through this Act, The government gave a very broad authority to the government region in the conduct and management of environmental protection living in their respective areas which are not regulated in Law Act No. 23 of 1997 on Environmental Management. Therefore, an institution that has a workload based This law is not enough just to an organization that establish and coordinate the implementation of policies, but it takes an organization with a portfolio setting, implement, and oversee the protection and management policies the environment. In addition, the institute is expected to also have scope of authority to monitor natural resources for conservation interests. To guarantee the implementation of the basic tasks and function of these institutions required financial support from

budget revenues and expenditures are adequate to The government and the budget revenue and expenditure areas adequate for local governments. II. ARTICLE BY ARTICLE Article 1 Self-explanatory. Article 2 Letter a What is meant by "the principle of state responsibility" are: a. the state guarantees the use of natural resources will provide benefits for the greater welfare 44 and quality of life, both present and future generations of future generations. b. the state guarantees the right of citizens to environmental good and healthy. c. state prevents the resource utilization activities natural resources that cause pollution and / or damage the environment. Point b What is meant by "the principle of sustainability and sustainability" is that everyone assume the obligations and responsibilities responsibility towards future generations and against each other within a generation by making efforts to conserve power supporting ecosystems and improving the quality of the environment. Letter c What is meant by "the principle of harmony and balance" is that the utilization of the environment should considering various aspects such as economic interests,

social, cultural, and the protection and preservation of ecosystems. Letter d What is meant by "integration principle" is that protection and management of the environment is done by combining various elements or synergizing various related components. Letter e The term "utility function" is that all business and / or development activities undertaken adapted to the potential of natural resources and environment life to improving people's welfare and dignity man in harmony with the environment. F The term "precautionary principle" is that uncertainty about the impact of a business and / or activities due to limited mastery of science and technology not a reason for postponing measures minimize or avoid the threat of contamination and / or damage to the environment. Letter g What is meant by "fairness" is that protection and environmental management should proportionally reflect justice for every citizen countries, both cross-regional, cross-generational, and cross-gender. The h The definition of "principle ecoregions" is that protection and environmental management should attention to the characteristics of natural resources, ecosystems, 45

geographical conditions, local culture, and wisdom local. The letter i What is meant by "the principle of biodiversity" is that the protection and management of the environment should noticed a concerted effort to maintain presence, diversity, and sustainability of natural resources consisting of biological resources and sources of natural vegetable animal resources along with non-biological elements in the surrounding ecosystem as a whole form. Letter j The definition of "polluter pays principle" is that every person in charge of business and / or activities cause pollution and / or damage to the environment shall bear the costs of environmental restoration. The letter k The term "participatory principle" is that every community members are encouraged to play an active role in the process decision-making and implementation of protection and environmental management, both directly and indirectly. The letter l What is meant by "the principle of local wisdom" is that in protection and environmental management should attention to the noble values that apply in order people's lives. The letter m What is meant by "principles of good governance" is that the protection and management of environmental

animated by the principles of participation, transparency, accountability, efficiency, and fairness. The letter n What is meant by "the principle of local autonomy" is that Government and local governments regulate and administer own affairs in the field of protection and environmental management by taking into account specificity and diversity of the area within the frame of State Unitary Republic of Indonesia. Article 3 Self-explanatory. Article 4 Self-explanatory. 46 Article 5 Self-explanatory. Article 6 Self-explanatory. Article 7 Self-explanatory. Article 8 Self-explanatory. Article 9 Self-explanatory. Article 10 Subsection (1) Self-explanatory. Paragraph (2) Letter a

Self-explanatory. Point b Self-explanatory. Letter c Self-explanatory. Letter d Local wisdom in this paragraph shall include customary rights are approved by Parliament. Letter e Self-explanatory. F Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory. Article 11 Self-explanatory. 47 Article 12 Self-explanatory. Article 13 Subsection (1) Pollution control and / or damage to the environment referred to in this provision, among other controls: a. water pollution, air, and sea; and b. ecosystem damage and damage from climate change.

Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Article 14 Self-explanatory. Article 15 Subsection (1) The term "territory" is a space that is geographical unity and all related elements are the limits and the system is determined based on the administrative aspects and / or functional aspects. Paragraph (2) Letter a Self-explanatory. Point b Impact and / or environmental risk is include: a. climate change; b.kerusakan, deterioration, and / or extinction biodiversity; c. increase in intensity and scope of the flood affected areas, landslides, droughts, and / or land and forest fires; d.penurunan quality and abundance of natural resources; e. increase in forest area over the function and / or land; f. increasing number of poor or threatened sustainability of the livelihoods of a group of people; and / or g. increased risk to health and safety

people. Paragraph (3) Self-explanatory. 48 Article 16 Self-explanatory. Article 17 Self-explanatory. Article 18 Subsection (1) Community involvement is done through dialogue, discussion, and public consultation. Paragraph (2) Self-explanatory. Article 19 Self-explanatory. Article 20 Subsection (1) Self-explanatory. Paragraph (2) Letter a The term "water quality standard" is a measure limits or levels of living things, substances, energy, or components that exist or should exist, and / or elements pollutant which tolerated its presence in the water. Point b The term "waste water quality standard" is size limits or tolerable levels of pollutants to incorporated into aqueous media.

Letter c The term "marine water quality standard" is a measure limits or levels of living things, substances, energy, or components that exist or should exist and / or elements contaminants are tolerated presence in sea water. Letter d The term "ambient air quality standard" is the size limits or levels of substances, energy, and / or components that should exist, and / or elements pollutants existence of which in the air ambient. Letter e The term "emission standard quality" is a measure pollutant limits or tolerated levels for inserted into the air medium. 49 F What is meant by "quality standard interference" is size of the tolerable limit of pollutant elements existence which includes elements of vibration, noise, and kebauan. Letter g Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory.

Article 21 Subsection (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Letter a The term "biomass production" is bentukbentuk utilization of land resources for produce biomass. What is meant by "standard criteria of soil degradation for biomass production "is the size limit changes nature of the soil which can be measured related to the biomass production activities. Standard criteria of the destruction of land for biomass production include agricultural land or land cultivation and the forest. Point b What is meant by "standard criteria of damage to coral rock "is the size limit of the physical changes and / or biodiversity of coral reefs that can be tolerated. Letter c The definition of "environmental damage related to forest fires and / or land "is influence of environmental changes on the form damage and / or environmental pollution related to forest fires and / or land caused by a business and / or activities. 50

Letter d Self-explanatory. Letter e Self-explanatory. F Self-explanatory. Letter g Self-explanatory. The h Self-explanatory. Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory. Article 22 Self-explanatory. Article 23 Subsection (1) Letter a Self-explanatory. Point b Self-explanatory. Letter c Self-explanatory. Letter d Self-explanatory. Letter e Self-explanatory. F

Microorganism in this letter, including product engineering Genetic. Letter g Self-explanatory. The h Self-explanatory. 51 The letter i Self-explanatory. Paragraph (2) Self-explanatory. Article 24 Self-explanatory. Article 25 Letter a Self-explanatory. Point b Self-explanatory. Letter c Self-explanatory. Letter d Self-explanatory. Letter e Self-explanatory. F Management plan and environmental monitoring intended to avoid, minimize, mitigate, and / or compensate for the impact of a business and / or activities.

Article 26 Subsection (1) Community engagement undertaken in the process announcements and public consultation in order to capture suggestions and comments. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 27 What is meant by "other parties" among other constituent agencies Amdal or consultants. 52 Article 28 Self-explanatory. Article 29 Self-explanatory. Article 30 Self-explanatory. Article 31 Self-explanatory. Article 32 Self-explanatory. Article 33 Self-explanatory. Article 34 Self-explanatory.

Article 35 Self-explanatory. Article 36 Subsection (1) Self-explanatory. Paragraph (2) Recommendations UKL-UPL assessed by a technical team environment agency of life. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 37 Self-explanatory. Article 38 Self-explanatory. Article 39 Subsection (1) The announcement of this Article is the implementation of the above disclosure of information. The announcement allows community participation, especially those not yet using opportunities in the objections procedure, hearing, and others in the licensing decision making process. 53 Paragraph (2) Self-explanatory. Article 40 Subsection (1) The definition of a business license and / or activities under subsection

These include permits, called by other names such as permit operating and construction permits. Paragraph (2) Self-explanatory. Paragraph (3) The changes referred to in this paragraph, among others, because switching ownership, technological change, addition or reduction of production capacity, and / or business location and / or migratory activity. Article 41 Self-explanatory. Article 42 Subsection (1) Self-explanatory. Paragraph (2) Letter a What is meant by "economic instruments in development planning "is an effort to internalizing environmental aspects into planning and implementation of development and economic activity. Point b What is meant by "funding environment" is a system and mechanism of accumulation and management of the funds used to finance the effort protection and environmental management. Environmental funding comes from various sources, for example, levies, grants, and others. Letter c The incentive is an attempt to give a boost or power

pull in monetary and / or non-monetary to each people or the Government and local government to perform activities that have a positive impact on reserves natural resources and the quality of the environment. Disincentive is the imposition of a burden or a threat monetary and / or non-monetary to everyone or the Government and local government to reducing activities that impact negatively on 54 reserves of natural resources and environmental quality functions of life. Article 43 Subsection (1) Letter a What is meant by "balance natural resources" is overview of natural resources and reserves changes, both in physical units and in value monetary. Point b The definition of "gross domestic product" is value of all goods and services produced by a countries in certain periods. The term "gross regional domestic product" is the value of all goods and services produced by an area in a certain period. Letter c The term "compensation mechanism / reward interregional environment "are all ways compensation / reward made by the person, society,

and / or local governments as service beneficiaries environmental service provider environment. Letter d What is meant by "internalization of environmental costs life "is the inclusion of the cost of pollution and / or environmental damage in the calculation of the cost production or cost of a business and / or activities. Paragraph (2) Letter a The term "guarantee fund recovery environment "is a fund set up by a business and / or activities for the restoration of the quality environmental damage because of its activities. Point b The term "mitigation funds" are funds used to tackle pollution and / or environmental damage arising from a business and / or activities. Letter c The term "trust fund / aid" is funds derived from sources of grants and donations to interests of environmental conservation. 55 Paragraph (3) Letter a What is meant by "friendly procurement environment "is the procurement of prioritize goods and services that are labeled friendly the environment.

Point b What is meant by "environmental taxes" are charges by the Government and local governments to every person who exploit natural resources, such as groundwater capture tax, fuel tax oil, and taxes bird's nest. The term "environmental levy" is levies by local governments to every person who is prepared to make use of local governments such as wastewater treatment charges. The term "environmental subsidy" is ease or reduction of a given load to any person whose activities have an impact improve the function of the environment. Letter c The term "financial institution system friendly environment "is a system of financial institutions implement the requirements of the protection and management environmental financing policies and practices system of banks and financial institutions financial institutions nonbank. What is meant by "environmentally friendly capital market life "is a capital market that implement the requirements protection and environmental management for company entering the capital market or company open, such as the application of environmental auditing requirements life for companies that will sell shares in the market of capital. Letter d

The term "discharge permit trading waste and / or emission "is a waste buying and selling quota and / or allowable emissions to be discharged into the media antarpenanggung responsible for the business environment and / or activities. Letter e The definition of "payment for environmental services life "is a payment / reward is given by 56 beneficiaries of environmental services to providers the environment. F What is meant by "environmental insurance" is insurance that provides protection in the event pollution and / or damage to the environment. Letter g The term "eco-friendly label system life "is the provision of a sign or label to productproducts friendly environment. The h Self-explanatory. Paragraph (4) Self-explanatory Article 44 Self-explanatory. Article 45 Subsection (1) Self-explanatory. Paragraph (2)

Performance criteria for the protection and management of the environment include, among others, to maintain the region's performance koservasi and decreased levels of pollution and / or environmental damage. Article 46 Self-explanatory. Article 47 Subsection (1) The term "environmental risk analysis" is among other procedures used to assess the release and circulation of genetic engineering and cleaning products (clean up) B3 waste. Paragraph (2) Letter a In this provision "risk assessment" includes all begin the process of hazard identification, assessment of the amount consequence or result, and the assessment of possible the emergence of unwanted effects, both to security and human health and the environment of life. 57 Point b In this provision "risk management" includes the evaluation selection of risk or risk that requires management, identification of risk management options, the selection of actions for management, and implementing actions is selected. Letter c The term "risk communication" is the process

interactive exchange of information and opinion among individuals, groups and institutions with regard to the risk. Paragraph (3) Self-explanatory. Article 48 Self-explanatory. Article 49 Subsection (1) Letter a What is meant by "business and / or specific activities high-risk "is a business and / or activities event of an accident and / or emergency result in a large and broad human health and the environment as petrochemical, oil and gas refineries, and power nuclear power plant. Environmental audit documents containing: a. information includes the purpose and process of implementation audit; b. audit findings; c. audit conclusions; and d. data and supporting information. Point b Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory.

Article 50 Self-explanatory. Article 51 58 Self-explanatory. Article 52 Self-explanatory. Article 53 Self-explanatory. Article 54 Subsection (1) Self-explanatory. Paragraph (2) Letter a Self-explanatory. Point b The definition of "remediation" is the recovery effort pollution of the environment to improve the quality of the environment. Letter c The definition of "rehabilitation" is an attempt recovery to restore the values, functions, and benefits including efforts to prevent environmental damage land, provide protection, and repair the ecosystem. Letter d The definition of "restoration" is the recovery effort to make the environment or part thereof function again as it was originally.

Letter e Self-explanatory Paragraph (3) Self-explanatory. Article 55 Self-explanatory. Article 56 Self-explanatory. Article 57 Subsection (1) What is meant by "preserving the environment" is efforts made to maintain the preservation of function environment and prevent the reduction or 59 environmental damage caused by the act people. Letter a Conservation of natural resources include, among others, conservation of water resources, forest ecosystems, ecosystem coastal and marine, energy, peatland ecosystems, and karst ecosystems. Point b Backup of natural resources include natural resources which can be managed in the long run and the time given according to need. To perform backups of natural resources, Government, provincial government, or government districts / municipalities and individuals can build: a. biodiversity in the park outside the forest area;

b. green open space (RTH) at least 30% of the area island / archipelago; and / or c. planting and maintaining trees outside the forest area, especially rare plants. Letter c Self-explanatory. Paragraph (2) Letter a Self-explanatory. Point b The definition of "preservation of natural resources" is an attempt to maintain the integrity and authenticity natural resources and their ecosystems. Letter c Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Letter a The term "climate change mitigation" is series of activities carried out in an attempt reducing greenhouse gas emissions as a form of impacts of climate change mitigation efforts. What is meant by "adaptation to climate change" is efforts made to improve the ability 60 in adapting to climate change, including climate variability and extreme climate events so the potential damage from climate change

reduced, the opportunities posed by climate change can be utilized, and the consequences of climate change can be overcome. Point b Self-explanatory. Letter c Self-explanatory. Paragraph (5) Self-explanatory. Article 58 Subsection (1) The obligation to carry out management of B3 is an attempt to reduce the possibility of risk to form of environmental pollution and / or environmental damage, given the B3 has the potential large enough to cause negative impacts. Paragraph (2) Self-explanatory. Article 59 Subsection (1) B3 waste management is a series of activities includes a reduction, storage, collection, transportation, utilization, and / or processing, including B3 landfill. Paragraph (2) Self-explanatory. Paragraph (3) What is meant by the other party is a business entity carry out management of B3 waste and has to get permission.

Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory. Subsection (6) Self-explanatory. Paragraph (7) Self-explanatory. 61 Article 60 Self-explanatory. Article 61 Self-explanatory. Article 62 Subsection (1) Environmental information system contains, among other things, diversity of ecological character, population distribution, distribution potential of natural resources, and local wisdom. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 63 Self-explanatory. Article 64 Self-explanatory. Article 65

Subsection (1) Self-explanatory. Paragraph (2) The right to environmental information is a corollary of the right role in the management environment based on the principle of openness. Right to environmental information will increase the value and effectiveness of participation in environmental management, in side will open up opportunities for community actualize their right to good living environment and healthy. Environmental information referred to in This verse can be data, information, or other information with respect to environmental protection and management life according to nature and its purpose is open to known to the public, such as analysis documents environmental impact, reporting, and evaluation results environmental monitoring, both monitoring of compliance and monitoring of environmental quality changes and spatial plan. 62 Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory. Subsection (6) Self-explanatory. Article 66

This provision is intended to protect victims and / or complainant who resort to the law due to pollution and / or destruction of the environment. This protection is intended to prevent acts of retaliation of reported through criminalization and / or a civil suit by considering the independence of the judiciary. Article 67 Self-explanatory. Article 68 Self-explanatory. Article 69 Subsection (1) Letter a Self-explanatory. Point b B3 is prohibited under this provision, among others, DDT, PCBs, and dieldrin. Letter c Prohibition under this provision exempted for the regulated in the legislation. Letter d Prohibited in this letter, including imports. Letter e Self-explanatory. F Self-explanatory. Letter g Self-explanatory. 63

The h Self-explanatory. The letter i Self-explanatory. Letter j Self-explanatory. Paragraph (2) Local wisdom is referred to in this provision is burning of land with total area of maximum 2 hectares per family for arable crop types local varieties and is surrounded by firebreaks as a deterrent propagation of flame into the surrounding area. Article 70 Subsection (1) Self-explanatory. Paragraph (2) Letter a Self-explanatory. Point b Providing advice and opinions in this provision included in the preparation KLHS and Amdal. Letter c Self-explanatory. Paragraph (3) Self-explanatory. Article 71 Self-explanatory. Article 72 Self-explanatory.

Article 73 What is meant by "serious violation" is the act unlawful pollution and / or environmental damage are relatively large and cause public unrest. Article 74 Self-explanatory. 64 Article 75 Self-explanatory. Article 76 Self-explanatory. Article 77 Self-explanatory. Article 78 Self-explanatory. Article 79 Self-explanatory. Article 80 Subsection (1) Self-explanatory. Paragraph (2) Letter a What is meant by "a very serious threat" is a situation that is potentially very endanger the safety and health of many people so that treatment can not be postponed. Point b Self-explanatory.

Letter c Self-explanatory. Article 81 Self-explanatory. Article 82 Self-explanatory. Article 83 Self-explanatory. Article 84 Subsection (1) The provisions in this paragraph is intended to protect the rights civil parties to the dispute. Paragraph (2) Self-explanatory. 65 Paragraph (3) The provisions in this paragraph are intended to prevent the occurrence of a different decision regarding the environmental dispute to ensure legal certainty. Article 85 Self-explanatory. Article 86 Self-explanatory. Article 87 Subsection (1) The provisions of this paragraph is the realization of the principle that there in environmental law called the principle of polluter to pay. In addition to required to pay damages, pollutants and / or damaging the environment can be burdened by

judge to perform certain legal actions, such as orders to: a. install or repair a waste treatment facility so that waste in accordance with environmental quality standards which determined; b. restoring environmental functions, and / or c. diminish or eliminate the causes of pollution and / or destruction of the environment. Paragraph (2) Self-explanatory. Paragraph (3) The imposition of compulsory payments for each day delay in executing court orders to carry out certain actions for the preservation of function the environment. Paragraph (4) Self-explanatory. Article 88 What is meant by "absolute responsibility" or strict liability is not necessary to prove fault element by the plaintiff as the basis for compensation payments. The provisions of this paragraph a lex specialis in the lawsuit regarding actions breaking the law in general. The amount of compensation can be charged to the polluter or destroyer of the environment live according to this Article may be determined to some extent. What is meant by "until a certain time limit" is that if determination according to laws and regulations specified mandatory insurance for businesses and / or activities concerned or have available funds of the environment.

66 Article 89 Self-explanatory. Article 90 Subsection (1) The definition of "environmental damage" is losses arising from pollution and / or damage environment which is not a private property. Certain action is a precautionary measure and pollution prevention and / or damage and recovery to ensure environmental functions will not be occur or recurrence of negative impacts on the environment of life. Paragraph (2) Self-explanatory. Article 91 Self-explanatory. Article 92 Self-explanatory. Article 93 Self-explanatory. Article 94 Subsection (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) The definition of coordination is the act of consultation in order to get relief personnel, facilities, and infrastructure needed in the investigation.

Paragraph (4) Notification of this Article is not a notice commencement of the investigation, but to reinforce the coordination between investigating officers and Police officials investigating the Republic of Indonesia. Paragraph (5) Self-explanatory. Subsection (6) Self-explanatory. 67 Article 95 Self-explanatory. Article 96 Letter a Self-explanatory. Point b Self-explanatory. Letter c Self-explanatory. Letter d Self-explanatory. Letter e Self-explanatory. Letter f What is meant by other evidence, cover, information uttered, sent, received, or stored in electronic, magnetic, optical, and / or other similar device; and / or evidence of data, records, or information that can be read, seen, and heard that can be issued with and / or without the aid of a tool, both embodied in On paper, any physical object other than paper, or a electronically, is not limited to text, sound or

drawings, maps, designs, photographs or the like, letters, marks, numbers, symbols, or perforation which have meaning or which can be understood or read. Article 97 Self-explanatory. Article 98 Self-explanatory. Article 99 Self-explanatory. Article 100 Self-explanatory. Article 101 What is meant by "releasing genetically engineered products" is statement acknowledges a result of breeding of genetically modified yielding varieties and can be disseminated after meeting the requirements under legislation. What is meant by "circulating products of genetic engineering" is any activity or series of activities within the framework of distribution commodity products of genetic engineering to society, both for traded or not. Article 102 Self-explanatory. Article 103 Self-explanatory. Article 104 Self-explanatory. Article 105 Self-explanatory. Article 106 Self-explanatory. Article 107 Self-explanatory.

Section 108 Self-explanatory. Article 109 Self-explanatory. Article 110 Self-explanatory. Section 111 Self-explanatory. Article 112 Self-explanatory. Section 113 False information referred to in this Article may be shaped document or oral statement that is inconsistent with the facts the actual or incorrect information. Article 114 Self-explanatory. Section 115 Self-explanatory. Article 116 Self-explanatory. 69 Article 117 Self-explanatory. Article 118 What is meant by functional actors in this Article is the body business and legal entity. Criminal charges levied against the leaders of business entities and legal entities for criminal enterprises and legal entities are functional so that the criminal offense charged and sanctions are imposed on those who have authority against the perpetrators of physical and accept the physical perpetrator's actions.

What is meant by taking action in this Article includes approving, allowing, or not doing enough supervision of the physical perpetrator's actions, and / or have policies that allow the occurrence of crime. Section 119 Self-explanatory. Article 120 Self-explanatory. Article 121 Self-explanatory. Article 122 Self-explanatory. Article 123 Permits under this provision, for example, permit of the management of B3 waste, permit of wastewater disposal into the sea, and wastewater discharge, permit to sources of water. Article 124 Self-explanatory. Article 125 Self-explanatory. Article 126 Self-explanatory. Article 127 Self-explanatory. REPUBLIC OF INDONESIA NUMBER 5059.