ENVIRONMENTAL POLICIES, LAWS ACT AND

REGULATION TO PROTECT THE SUSTAINABLE

DEVELOPMENT IN INDONESIA
by

MUHAMMAD DASTUR (P-RM0030/22)

submitted in partial fulfillment of the requirements for the course

REG 521-BUILDING SCIENCE AND ENVIRONMENT

JANUARY 2023

Supervisor:

DR NAZIAH MUHAMMAD SALLEH

© 2023 Muhammad Dastur

Review is under the responsibility of Dr. Naziah Muhammad Salleh
REG521: Building Science and Environment
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Environmental policies, laws act and regulation to protect the

sustainable development in Indonesia.
Muhammad Dastur1
1
Universiti Sains Malaysia,Gelugor, 11800, MALAYSIA
muhammaddastur@student.usm.my

Abstract: The idea of sustainable development has become an important component

of the progress achieved by every country in the world, including Indonesia.
Development which has the aim of increasing people's welfare cannot be avoided from
the use of natural resources; However, exploitation of natural resources that ignores the
ability and carrying capacity of the environment results in a decline in environmental
quality. Environmental and sustainable policies have been implemented in Law number
32 of 2009 concerning Environmental Protection and Management in Indonesia.
Environmental policies and sustainable development aim to improve people's welfare,
to meet human needs and aspirations. Sustainable development is essentially aimed at
seeking equitable development between generations in the present and in the future.

© 2023 Muhammad Dastur

Review is under the responsibility of Dr. Naziah Muhammad Salleh
Keywords: Environmental policies, sustainable development

1. Introduction
Economic growth targeted at development policies aimed at improving human well-
being. In this case, there is often a race for economic growth, which frequently has
unanticipated consequences for the natural and social environments. Due to exploitation
of natural resources without regard for environmental conditions, development
implementation frequently causes environmental damage, resulting in worsening
environmental conditions and various development problems in various regions that do
not adhere to the principles of sustainable development policies. Environmental damage
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caused by development efforts necessitates legal policies that can improve the natural
environment's condition as before.
Sustainable development has become an essential component of the development of
every country in the world, including Indonesia. Since the World Commissions on
Environment and Development (WCED) introduced this concept in 1985, namely
development that meets the needs of future generations without compromising the
rights of the present (Bennett & Raab 2017). it has helped countries around the world
achieve a balance of development and environmental improvement. Currently,
countries around the world are attempting to implement the concept of sustainable
development through the Sustainable Development Goals. As part of Indonesia's
commitment to achieving the Sustainable Development Goals, Presidential Regulation
No. 59 of 2017 concerning the Achievement of Sustainable Development Goals
provides guidance for the implementation of sustainable development in Indonesia
(KLHK, 2020). The goal is a systematic and integrated effort that includes planning,
utilization, control, maintenance, supervision, and law enforcement to preserve
environmental functions and prevent pollution and damage. Environmental law
explains the importance of involving the community in environmental management and
protection, both passively and actively. However, there is one critical issue that needs
to be researched: how to implement environmental law policies as a tool for
environmental and sustainable development (Jang et al., 2015).
2. Literature Review
2.1 Sustainability and sustainable development
The term "sustainable development" first appeared in the Brundtland Report, which
was published in 1987. The report defined sustainable development as "meeting the
needs and aspirations of the current generation without jeopardizing future generations'
ability to meet their own needs." Since then, the term "sustainable development" has
gained widespread usage. Additionally, the paper makes an unstated connection
between the idea of sustainable development and the concepts of environmental
preservation, economic expansion, and social advancement. The connection that exists
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between sustainable development and issues pertaining to the environment, society, and
the economy is referred to as the "triple bottom line" (TBL) of sustainability. It is
believed that sustainable development would result in long-term socioeconomic
advantages not just for society but also for the environment (Szymańska, 2021).
As a result of the Brundtland Commission Report's adoption of the concept of
"sustainable development," study on the topic has progressed beyond the stage of
conceptualization and into the stage of the production of models and indicators for
sustainability (Olawumi & Chan, 2018). In the course of conducting a scientific analysis of
research pertaining to sustainable development, (Olawumi & Chan, 2018) came to the
realization that the primary areas of research could primarily be classified under the
headings of environmental science, green technology, and construction and building
technology. Research topics that are just beginning to emerge in the field of sustainable
development include topics such as sustainable urban development, environmental
assessment, public policy, sustainability indicators, water management, waste
management, and the transition from one energy source to another. Despite the fact that
the terms "sustainability" and "sustainable development" are usually employed
synonymously in the body of academic research, it would appear that there are
significant nuances that allow for variations.
According to (Diesendorf, 2000), sustainability is the end result or goal of a
sustainable development process. The contrast between these phrases, which are
frequently used interchangeably, stresses that sustainable development is a process that
ultimately leads to sustainability. According to Diesendorf, the developmental
characteristics of sustainable development may or may not indicate economic progress,
but rather an increase in the quality of human well-being or the actualization of human
potential. According to the authors, the goal of the ecological side of sustainable
development is to keep ecosystem change at a non-disaster level, rather than to return
it to its pre-human state.
In a recent literature review on global sustainability and sustainable development,
(Ozili, 2022) observed that researchers, politicians, and activists (mostly non-
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governmental organizations, NGOs) are taking a range of decisive approaches to

sustainability and sustainable development. While scholars see these principles as a
process of increasing average material well-being without permanently hurting the
natural environment, politicians see them as a set of norms and rules guiding the
sustainable use of resources. Non-governmental organizations (NGOs) see these
projects as guaranteeing that material wealth is not obtained via environmentally
destructive activities that harm the present and future environment. Finally,
sustainability is used to a variety of disciplinary settings such as construction
sustainability, building sustainability, and infrastructure sustainability (Roostaie &
Nawari, 2022).

2.2 Sustainable construction

The term "sustainable construction" is relatively new to the academic literature,
with over 80% of its articles originating from 2010 or later (Det Udomsap & Hallinger,
2020). Sustainable development may be conceptualized in terms of sustainable
construction. There are several definitions of sustainable construction in the academic
literature. Among the numerous areas of the economy and human activity, it is best
characterized as "how the construction industry and its output, the "built environment,"
may contribute to the sustainability of the earth, including its human and non-human
inhabitants." Sustainable construction is defined by (Dickie and Howard, 2000) as "the
construction industry's contribution to sustainable development." Sustainable
construction focuses primarily on buildings and their supporting spaces, methods and
materials for their construction, and supporting infrastructure systems for
transportation, waste, water supply, and energy and building management. The primary
objective of sustainable construction is to create structures that are accessible, safe,
healthy, and productive, while limiting their negative effects on the environment,
society, and economy.
In order to better comprehend the evolution of the notion of sustainable building
over the past three decades, more contemporary uses of the word are described. (Yevu
et al., 2022) define sustainable construction as characterized by minimal use of
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resources and consider the circular economy to be closely related to sustainable

construction, whereas (Francis & Thomas, 2020) equate "lean" with "sustainable" due to
their shared objective of promoting resource efficiency and reducing waste. The term
"Lean" refers to a set of concepts, methods, and strategies for enhancing industrial
production processes, maximizing their value, and decreasing costs. In construction,
the advantages of "lean" include greater flow, increased production, the elimination of
waste, and less delays.
2.3 Policies and laws related to the environment in Indonesia
Since the passage of Law no. 4 of 1982 establishing Basic Provisions for
Environmental Management on March 11, 1982 (often abbreviated as UULH 1982),
contemporary environmental law has developed in Indonesia. On September 19, 1997,
UULH 1982 was repealed and replaced by Law No. 23 of 1997; Law No. 23 of 1997
(UULH 1997) was subsequently repealed and replaced with Law No. 32 of 2009
concerning Protection and Management of the Environment (LN of 209 No. 140,
abbreviated as UUPPLH).
Academics classify environmental law as a functional subject of law, which
includes state administrative, criminal, and civil law requirements. If we examine
attentively, we may find statutory standards in the spheres of state administration,
criminal and civil law in the 1982 UULH, 1997 UULH, and 2009 UUPPLH. The 2009
UUPPLH, being the principal formal source of environmental legislation in Indonesia,
comprises new legal standards and legal instruments in addition to the earlier laws,
especially the 1982 UULH and the 1997 UULH. Some of the most significant new legal
standards are legal protection for anybody fighting for the right to the environment, as
well as the establishment of new material violations.
3. Discussion
3.1 Environmental injustice in infrastructure development
One of the issues that demonstrates the incongruity in the link between development
impacts and the environment is the development of the National Capital City, also
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known as Indonesia's Ibu Kota Negara (IKN). The Government and the DPR passed
the IKN Draft Law (RUU) on January 18, 2022, which would serve as the legal
framework for relocating the national capital from Jakarta to the archipelago.
According to a research conducted by Wahana Lingkungan Hidup Indonesia (WALHI),
the IKN is located in an area that provides water to five areas at the same time. Ring
one IKN is also being built directly next to the mangrove habitat and fishing grounds
of Balikpapan Bay. This has had a huge influence on the residents of North Penajam
Paser, the majority of whom work as fisherman catching fish one day (Walhi, 2019).
The environment, as well as the development of new material crimes.
The impact of environmental damage due to development can also penetrate into
socio-juridical problems. One example is the case of repressive apparatus in the village
of Wadas. According to the Indonesian Center for Environmental Law (ICEL), in
(Sahbani, 2022), Wadas is planned to be a mining location for providing andesite stone
for the Bener Dam national strategic project. The professional background of the Wadas
people, who mostly depend on agricultural products, refuses to have a mining site in
their village. This years of rejection culminated on 8 February 2022 when dozens of
Wadas residents were arrested by the Indonesian state army and police for no apparent
reason. In fact, according to ICEL, the Wadas residents' protest action is a form of
struggle for the right to a good and healthy living space, as guaranteed in Law Number
32 of 2009 concerning Environmental Protection and Management (Maqoma, 2022).
Looking at these cases, the consequences of development that are not
environmentally sound do not only impact the environment itself, but also return to
humans. The sad thing is that those who are most affected are often not the main actors
of all these actions that destroy the environment, but the poor and marginalized groups.
According to (Kibert, 2001)the poor and minority groups always bear a
disproportionate burden on environmental hazards. Formerly the behavior accepted by
this minority group was referred to as "environmental racism". However, in order to be
more inclusive and include the constitutional right to live in a healthy environment for
everyone, the term is now better known as “environmental justice”.
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3.2 The reality of policy implementation and environmental justice in Indonesia.

Environmental policy in Indonesia since 1973, as well as environmental law, may
be used as indicators of a nation that has adopted ecologically sound and sustainable
development. Since the law's passage, environmentally sound and sustainable
development has been implemented in Indonesia. UU No. 4 of 1982, which outlines
the fundamental rules for environmental management.
In essence, the substance of environmental management policies and, concurrently,
the substance of environmental legislation attempts to produce a high-quality
environment that is healthy, beautiful, clean, and safe. Therefore, environmental quality
must be a criterion for Indonesia's successful growth. The economic measure in the
form of a high per capita income is not the sole benchmark or criteria for development
success in ecologically sound and sustainable development. Other metrics, such as
health, education, and environmental quality, must also be considered. The exploitation
or extortion of natural resources and human resources is typically the outcome of
development that is only motivated by economic gain. As a result, the connotation of
development is no longer exclusively perceived as an improvement to the economic
structure of a society, such as the creation of affluence, but also as an issue of how
prosperity is conceptualized, for whose benefit and why.
It would seem that the various development initiatives that most directly affect
environmental concerns, particularly those in the commercial and industrial spheres,
only give priority to the accomplishment of physical development—that is, to the
building of more factories, structures, and bridges—while frequently showing little
concern for the detrimental effects of development on the environment. Even today,
there are still many instances of environmental contamination brought on by industrial
activity, and it happens frequently that various enterprises are taken to court after being
accused of harming the environment. In the framework of environmental law and the
execution of environmental justice, what about governmental policies for handling
environmental contamination cases? (S. K. Waddell, 2004).
The implementation of environmental justice is critical given the rampant
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infrastructure development that, if not correctly handled, may result in environmental

devastation. Because society is an aspect of the environment, community involvement
is a keyword that wants to narrow down from environmental justice. According to
(Kuehn, 2000), one component of environmental justice that incorporates community
engagement is known as procedural justice. Participation in decision-making, access to
information, and justice for minority groups are all examples of procedural justice
(Pedersen, 2010).
First, decision-making involvement. The agenda of relocating the capital from the
start has produced advantages and cons from diverse parties in the case of the IKN
development case. Even after the IKN Law was passed, there was still disagreement in
the community. The government asserts that the neighboring community was involved
in decision-making for the new capital city project. In reality, only a few community
representatives get their voices heard. According to Erasmus Cahyadi, Deputy
Secretary General of the Alliance of Indigenous Peoples of the Archipelago (2022), this
project puts 16,800 people from 21 indigenous peoples' villages at risk of losing their
land and sources of livelihood. According to Lecturer at the Faculty of Law,
Mulawarman University, Haris Retno Susmiyati, community participation should be
substantive and not just a formality. in a normative perspective, community
participation in decision making is the right thing to do by itself, without the need for
further justification.
Second, access to information. UU no. 32 of 2009 concerning Environmental
Protection and Management recognizes that everyone has the right to access
information. As stated in article 68, business actors are obliged to provide information
related to environmental management. However, it is not uncommon for environmental
permits to be issued without providing space for community participation and rights to
information regarding AMDAL studies. Such violations occurred in the construction
of PT Semen Indonesia and the Kanci Coal Power Plant (Zulkarnain, 2020).
Third, justice for minority groups. Returning to the example of the IKN
development case, according to (Walhi, 2019). the target of transactions as well as
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government negotiations from the start was not the people, but corporations and
concession land owners. Many of the concession land owners are businessmen and
national politicians and their families who have the potential to benefit from this
project. For example, for owners of mining concession land, the benefits obtained are
like washing away the sins of reclamation obligations for ex-mining holes. Such
conditions are feared by environmental justice advocates, as if giving permission for
tyrannical behavior towards minority groups for the benefit of certain groups – in this
case the bourgeoisie (Pedersen, 2010). This is certainly not in line with one of the
objectives of moving the capital city, namely to reduce economic inequality as well as
the hope that new minorities will not be created.
Based on these circumstances, the implementation of procedural fairness in
infrastructure development in Indonesia is frequently overlooked. Nonetheless,
Indonesia has sought to implement another part of environmental justice, called
corrective justice, which is connected to the Polluter Pays Principles. This principle is
contained in Law no. 32 of 2009 Article 87 paragraph (1) which reads "Every person
in charge of a business and/or activity who commits an unlawful act in the form of
environmental pollution and/or damage that causes harm to other people or the
environment is obliged to pay compensation and/or commit certain action".
4. Conclution
In order to lead to people's prosperity, development related to the environment often
has problems with the environment, moreover the infrastructure development that has
been intensively carried out over the last decade or so should not ignore the existence
of the environment. The legal umbrella for environmental policy is already in place,
but its realization is still questionable. Is it true that it is egalitarian for every level of
society or does it side with groups with certain social strata? Many problems result from
the development process that does not pay attention to environmental aspects in the
development process. Therefore, an environmental law policy is needed as an
instrument of development with an environmental perspective.
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Environmental justice should be a primary concern in development competitions. Even

though this endeavor may face opposition from political and economic players, the
reciprocal interaction between humans and the environment is essential. Environmental
damage prevention and balancing the fraction of the risk of harm carried by
development are shared responsibilities. The concepts of ecologically sound,
sustainable development may be appropriately applied. Because development is
primarily concerned with the well-being of a just and affluent society.
Acknowledgement
My deepest gratitude to Dr. Naziah Muhammad Salleh for the guidance
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