Environmental Law Needs Strengthening
Executive Director of the Indonesian Institute of Environmental Law Studies (ICEL) Raynaldo Sembiring said, ICEL sees that 2022 is an important year for the development of environmental management in general.
This development also includes environmental law in the context of policy, law enforcement, protection of community rights, and other substances that affect it. "In last year's outlook, we projected that there would be three situations that would occur, namely dynamics related to SLAPP (violation of community rights), law enforcement due to unclear regulations, and the ratification of the Job Creation Act which was drafted in a hurry," he said during the outlook event. According to Raynaldo, these three situations have become the basis for ICEL to develop an environmental law outlook for 2022. These three situations are also considered very relevant to the dynamics related to environmental law that are currently happening and in the future. . The policy that is seen as getting a lot of criticism is the derivative rule of Law Number 11 of 2020 concerning Job Creation. The potential for criticism of this derivative rule will be great if the government only evaluates or reforms it formally after the conditional unconstitutional decision from the Constitutional Court (MK), November 2021. Director of Criminal Law Enforcement at the Ministry of Environment and Forestry Yazid Nurhuda admits that currently there are a number of challenges related to environmental law norms after the ratification of the Law Job Creation, one of which is the addition of administrative sanctions in the form of fines. This provision has been further regulated in a government regulation derived from the Job Creation Law and is currently being detailed in a draft regulation by the minister of environment and forestry.
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