PROCEDURE OF ENVIRONMENTAL CASE COMPLIMENTS,

SUPERVISION AND IMPLEMENTATION OF PUNISHMENT

ACCORDING TO GOVERNMENT REGULATION
 1 PROCEDURE FOR COMPLAINT SUBMITTING

2 COMPLAINTS ACCEPTANCE

3 REVIEWING THE COMPLAINTS

CONTENT COMPLAINTS VERIFICATION

4

5 FOLLOW UP ON COMPLAINTS

6 SUPERVISION AND PUNISHMENT

IMPLEMENTATION
 1
PROCEDURE FOR COMPLAINT SUBMITTING
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PENGADUAN SECARA LANGSUNG DAN
TIDAK LANGSUNG

DIRECT
ENVIRONMENTAL MANAGEMENT AND
MONITORING DIVISION

INDIRECT
SOCIAL MEDIA, TELEPHONE, EMAIL

MINIMUM INFORMATION
COMPLAINER IDENTITY, LOCATION OF
THE EVENT, ALLEGED SOURCE OF
DAMAGE OR POLLUTION, TIME,
DESCRIPTION OF THE EVENT AND
IMPACT, INTENDED SETTLEMENT AND
INFORMATION ON THE COMPLAINTS

COMPLAINT FORM
 2
COMPLAINT ACCEPTANCE
 COMPLAINTS FILL OUT THE
FORM
DIRECT
COMPLAINTS
WRITTEN: COMPLAINTS
COMPLETE THE INFORMATION
FORM

INDIRECT

PHONE/ SMS : THE FORM IS EMAIL OR SOCMED NO NEED

FILLED OUT BY THE OFFICER TO FILL THE FORM
 COMPLETE NOT REGISTERED
INCOMPLETE INFORMATION > 3 DAYS (REASON FOR
MAXIMUM 3 DAYS UNREGISTERED SHOULD
AFTER COMPLAINTS BE ANNOUNCED IN
THE COMPLETED ARE RECEIVED WEBSITE)
COMPLAINTS

PUT IN REGISTERED
COMPLAINT BOOKS

NO FOLLOW UP MAX 10 DAYS COMPLAINTS

COMPLAINTS RECEIPT / REGISTER NUMBER SUBMITTED TO A
AT LEAST 3 WORKING DAYS HIGHER GOVERNMENT
 3
REVIEWING THE COMPLAIN
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REVIEW OF COMPLAINTS INFORMATION

RESULTS
GIVE RECOMMENDATION TO THE RESPONSIBLE
OFFICER

CATEGORY
INCLUDES: COMPLAINTS IN THE
ENVIRONMENTAL SECTOR, COMPLAINTS IN
THE FORESTRY SECTOR, COMPLAINTS IN THE
ENVIRONMENTAL SECTOR AND FORESTRY, NOT
ALL OF THEM
CONDITIONS FOR IMPLEMENTATION OF
RECOMMENDATIONS
RECOMMENDATION
IMPLEMENTATION OF COMPLAINTS
VERIFICATION, TRANSFER OF COMPLAINTS TO
DEPARTMENTS/FIELDS OR BETWEEN
RESPONSIBLE AGENCY, SUBMITTING
COMPLAINTS TO RELATED INSTITUTIONS

1. AUTHORITY AT RECEIVING AGENCY:

COMPLAINTS CASE VERIFICATION
2. IF NOT THE LHK COMPLAINTS
FORWARD TO THE RELATED
INSTITUTIONS
 4
COMPLAINTS VERIFICATION
 COMPLAINTS
VERIFICATION

NOT MEET CONCLUSION DISCLAIMER BY THE OWNER OF

BUSINESS OR ACTIVITY
FIELD LISENCE OF
ADMINISTRATION
INSPECTION DISCLAIMER
CHECK

OBTAINED CONCLUSION

LICENSE OF
FINAL REPORT COMPLAINTS
VERIFICATION
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WHO IS THE VERIFICATOR

1
ENVIRONMENTAL INSPECTOR
IN THE SCOPE OF MINISTRY
KASUS LH
DAN
2
REGIONAL ENVIRONMENTAL SUPERVISORS KEHUTANAN
FOR PROVINCE AND DISTRICT SCOPE
COMPLAINTS

CIVIL SERVANT WHO ARE BY THE MINISTER, GOVERNOUR, REGENT OR MAYOR

3
IF THE REGION DOESN’T HAVE
ENVIRONMENTAL INSPECTORS

4 CIVIL SERVANT WHO ARE BY THE MINISTER, GOVERNOUR, OR HEAD OF KPH

FOR THE COMPLAINT IN THE FORESTRY

SECTOR
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AUTHORITY OF VERIFICATOR

EXAMINATION AND ASKING FOR INFORMATION

01

MAKE A COPY OF DOCUMENTS

02 ENTERING THE LOCATION

TAKE A PHOTOGRAPH AND

03 TAKE A SAMPLE OF WATER OR
AIR

CHECKING EQUIPMENT
04 CHECKING INSTALLATION OR
TRANSPORTATION
EQUIPMENT
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FORMULATION OF COMPLAINTS REPORT

COMPOTITION OF FINAL REPORT COMPLAINTS NOT PROVEN

BACKGROUND AND PURPOSE OF a. OTHER VIOLATIONS FOUND :
VERIFICATION, DATA ANALYSIS OF RECOMMENDATIONS
VERIFICATION RESULTS, JURISDICTIONAL b. NO OTHER VIOLATIONS
ANALYSIS, CONCLUSION OF FOUND: COMPLAINT
SUGGESTIONS, APPENDIX COMPLETE (CASE CLOSE)

CONCLUSION ATTACHMENT
PROVEN COMPLAINTS 1. BA COMPLAINTS
COMPLAINTS NOT PROVEN VERIFICATION
2. BA SAMPLE DELIVERY
3. BA PHOTO/ VIDEO
SHOOTING
4. OTHER SUPPORTING
RECOMMENDATION FOR PROVEN COMPLAINT EVIDENCE: LICENSING
DOCUMENTS, LAB RESULTS,
ETC
a. IMPLEMENTATION OF ADMINISTRATIVE
SANCTIONS
b. DISPUTE RESOLUTION
c. CRIMINAL LAW ENFORCEMENT
d. DELIVERY TO
DEPARTMENTS/FIELDS/UNITIES/INTRODUCTION TO
INSTITUTIONS
e. DELIVERY TO RELATED INSTITUTIONS
 5
FOLLOW UP ON COMPLAINTS
 UNDER THE AUTHORITY
AUTHORIZED
OFFICER AT THE FOLLOW UP OF THE FINAL
RESPONSIBLE COMPLAINT REPORT
DEPRTMENT

FOLLOW-UP LETTER ON THE

NOT THE AUTHORITY
SUBMISSION OF FOLLOW-UP
RECOMMENDATIONS TO
RELATED WORK UNITS OR
INSTITUTIONS
COMPLAINTS RESULTS TO THE
COMPLAINER
 COMPLETE COMPLAINTS MANAGEMENT TERM MAX 30
WORKING DAYS
 THE TERM DOES NOT INCLUDE THE TIME FOR LAB TEST
 IF MORE TIME IS NEEDED INFORMATION TO THE
COMPLAINTS
 6
SUPERVISION AND PUNISHMENT
IMPLEMENTATION
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COMPLAINT AUTHORITY
1. Business Licensing related to
environmental approvals
issued by the government
2. Government Approval
regarding Environmental
Approval issued by the
government
1. Business Licensing related to
environmental approvals
issued by district/city local
governments
2. Government Approval
related to Environmental
Approval issued by
district/city regional
governments
UNLESS A TRAFFIC
ANDAL IS PERFORMED
BY THE MINISTER OF
TRANSPORTATION, THE
GOVERNOR OR THE
REGENT IN
MINISTRY ACCORDANCE WITH
THE AUTHORITY
1. Business Licensing related to
environmental approvals
GOVERNOUR issued by the provincial
government
2. Government Approval
related to Environmental
Approval issued by the
provincial governmen
REGENT/ MAYOR
 SUPERVISION

DIRECT
INDIRECT
SELF ASSESMENT

INCIDENTAL IF:
INDICATIONS OF REPEAT REGULAR INCLUDES THE
VIOLATIONS STAGES: SERIOUS TREAD TO
COMPLAINT PLANNING ENVIRONMENT
REPORT FROM REGION IMPLEMENTATION
EVALUATION
MANAGEMENT
DIRECT
SUPERVISION
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TERMINATION OF CERTAIN VIOLATIONS

IMPLEMENTED BY PPLH

1. CLOSING OF WASTE WATER SEWERS

2. DISPOSAL OF WASTE WATER DISPOSAL CHANNELS
3. TERMINATION OF EMISSION SOURCE OPERATION
4. CLOSING OF WASTE DISPOSAL LOCATIONS
5. OTHER EFFORT PERFORMED INSTALLATION OF
TERMINATION OR PPLHD LINE

BA TERMINATION
VIOLATION
CERTAIN

THE RESPONSIBLE FOR

BUSINESS/ACTIVITY MUST KEEP
THE LOCATION FROM POTENTIAL ON LOCATION
DAMAGE CHANGING OR LOSS OF
EVIDENCE
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CONCLUSION OF SUPERVISION

RECOMMENDATIONS FOR LAW

ENFORCEMENT FOLLOWING
DIRECT UP TO MINISTER, GOVERNOR,
ADMINISTRATIVE, CIVIL, CRIMINAL DISOBEDIENT SUPERVISION NO REGENT/ MAYOR IN
ENFORCEMENT ACCORDANCE WITH THEIR
RECOMMENDATIONS
VIOLATIONS FOUND AUTHORITY
 CIVIL LAW ENFORCEMENT

 DONE WITH EVIDENCE OF ABSOLUTE LIABILITY

REQUESTED BY THE Plaintiff AND CONTAINED IN THE LAWSUIT LETTER
 MAY BE APPLIED TO BUSINESSES/ACTIVITIES THAT USE B3, GENERATING OR MANAGING B3
WASTE AND CREATING SERIOUS THREATS TO THE ENVIRONMENT
 THE DEFENSE OF THE DEFENDANT WITH EVIDENCE : DOES NOT USE B3, GENERATED LB3
OR CREATES A SERIOUS THREAT, POLLUTION/DAMAGE DUE TO FORCE MAJEUR
THE ACCUSED MAY BE FREED FROM ABSOLUTE LIABILITY BY ONE OF THE REASONS OF
NATURAL DISASTER, FORCING CIRCUMSTANCES BEYOND ABILITY, ACTIONS OF OTHER
PARTIES
 SECOND LINE INSPECTION

Business License or
Related Government
Approval issued by
PEMDA

The Minister may supervise the compliance of the person in charge of the business
and/or activity whose Business Licensing or Related Government Approval is issued by
the regional government if:
The Minister considers that there has been a serious violation in the field of
environmental protection and management
Governor, Regent/Mayor do not carry out supervision
FORM OF ADMINISTRATIVE SANCTION
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• WRITTEN REMINDER IF VIOLATION OF PROVISIONS IN A BUSINESS LICENSE, RELATED GOVERNMENT
APPROVAL, OR ADMINISTRATIVE REPUBLIC OF INDONESIA
1

• GOVERNMENT COMPRESSION: NOT IMPLEMENTING THE ORDER IN WRITTEN REMINDER

2
• FINE ADMINISTRATIF: DO NOT HAVE THE APPROVAL OF THE ENVIRONMENT, BUT HAVE THE APPROVAL OF TRYING, DO NOT HAVE THE APPROVAL OF
ENVIRONMENTAL AND APPROVAL ATTEMPT, TAKE ACTION IN EXCESS OF STANDARDS OF QUALITY, NOT IMPLEMENTING obligations are DLM LICENSING TRYING,
COMPILING EIA WITHOUT CERTIFICATE, FOR NEGLIGENCE RESULT exceeded BM, RISE TO POLLUTION DUE TO NEGLIGENCE BUT DOES NOT CAUSE HAZARDS TO
3 HUMAN HEALTH

• FREEZING OF BUSINESS LICENSES : DO NOT IMPLEMENT THE GOVERNMENT'S FORCES, DO NOT PAY ADMINISTRATIVE
FINES, DO NOT PAY A FINE FOR DELAY IN THE IMPLEMENTATION OF GOVERNMENT'S FORCES
4

• REVOCATION OF BUSINESS LICENSE: DOES NOT IMPLEMENT GOVERNMENT FORCES, DOES NOT PAY ADMINISTRATIVE FINE, DOES
NOT PAY A FINE FOR DELAY FOR IMPLEMENTATION OF GOVERNMENT FORCES, DOES NOT IMPLEMENT OBLIGATIONS IN
5 IMPLEMENTATION OF IMPLEMENTATION OF PERMISSIONS, DO NOT IMPLEMENT
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REVOCATION OF ADMINISTRATIVE SANCTION DECISION

BASED ON THE SUPERVISION RESULTS THE BUSINESS RESPONSIBLE / ACTIVITY HAS

COMPLY WITH ALL THE PROVISIONS IN ADMINISTRATIVE SANCTIONS
THANKS