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Thursday, July 8, 2010

Decree of Ministry of Environment

GUIDANCE FOR MANAGEMENT OF COMPLAINT CASE OF ENVIRONMENTAL POLLUTION AND OR DAMAGE

Consider:
a.      that at the height of awareness community to healthy and good environment, claiming Government responsibility, Government Province and Government Sub-Province/City to handle various complaint of pollution case and or damage of environment.
b.      that referring to mentioned above considered necessary to specify Decree Of The Minister of Environment about Management of Complaint Case Pollution and or Damage of Environment

Considering :
  1. Law of Number 123 Year 1997 about Management of Environment (Statute Book Year 1997 Number 68, Addition State Number 3699)
  2. Law of Number 22 Year 1999 about Governance of Area (Statute Book Year 1999 Number 60, Addition Statute Book Number 3699)
  3. Government Regulation of Number 25 Year 2000 about Government of Authority and Authority Province As Autonomous Area (Statute Book Year 2000 Number 54, Addition Statute Book Number 3952)
  4. Government Regulation of Number 54 year 2000 about Institute Ready Service of Solving of extra-judicial Dispute Environment (Institute State Year 2000 Number 113, Addition Statute Book Number 3982)
  5. Decree of President Number 2 Year 2002 about Change To The Decree of President Number 101 Year 2001 about Position, Duty, Function, Authority, Organizational Formation, and Administration State's Minister
DECIDING:
Specifying : MINISTRIAL DECREE REGARDING GUIDANCE FOR MANAGEMENT OF COMPLAINT CASE OF ENVIRONMENTAL POLLUTION AND OR DAMAGE

Article 1
In this decree the meaning of:
3.      management of Complaint case of environmental pollution and or damage is integrated Industry in receiving, analyzing, clarifying, verifying and following up the result of verification
4.      complaint of pollution and or damage of environment is complaint of related to assumption the occurrence of pollution and or damage of environment
5.      Verification is series of activities covering the checking of truth of complaint, research of source of pollution and or damage of environment, estimate of type and level of loss, location of the occurrence of pollution and or damage, wide of area affected by the impact, and also party responsible of to the occurrence of pollution and or damage of environment
6.      Working Unit of complaint management is Working Unit which receive complaint case of pollution case and or damage of environment
7.      Responsible Institution of environment management is the Ministry of Environment, Provincial environmental institution, and Regional /City environmental institution.
8.      Institution in charge is the institution in charge that issued permit for conducting Industry and or activities
9.      person is individual, and or group of people, and or legal body


Article 2
1.      Each and everyone who identify, suspect and or suffering from due to the effect of the occurrence of pollution and or damage of environment can submit its complaint in writing or verbally
2.      Complaint as referred to in Paragraph (1) can be submitted to
a.      Head of Countryside, Chief of village or local chief of district
b.      Regent/Mayor or Head of Government Institution responsible for environmental management of Region / City , for the complaint of pollution case and or damage of environment which located and or its impact reside in Sub-Province/City
c.       Governor or Head of Government Institution responsible for Provincial environmental management, for the complaint of pollution case and or damage of environment which located and or its impact across Region/City; and or
d.      Minister of Environment, for the complaint of pollution case and or damage of Environment which located and or its impact across the provincial border and or State border
3.      Head Countryside, Chief of village or Chief of Sub-Regency as referred to in Paragraph (2) a letter, after receiving the complaint for the latest 7 (seven) day immediately deliver it to Regent or Head of Institution responsible for environmental management in Region/City

Article 3
1.      In the case of complaint submitted in writing, hence Reporter is obliged to give information for at least regarding
a. Squealer identity
b. estimation of source pollution and or damage of environment
c. submitted evidence
d. location the occurrence of pollution and or damage of environment
e. time known for the occurrence of pollution and or damage of environment
f. environmental media which affected by the impact
2.      In the case of complaint submitted verbally hence party receiving complaint as referred to in Article 2 Paragraph (2) b letter, c, and d, is obliged to record by filling up form of complaint of pollution case and or damage of environment as attached in the Appendix of this Decree
3.      Official as referred in Article 2 Paragraph (2) b letter, d and c at the latest within 7 (seven) days after receiving of complaint, is obliged to assign Working Unit management of complaint to
a.    Record the complaint in complaint book
b.    analyze and clarify the complaint at the latest 7 (seven) days after receiving of assignment

Article 4
immediately refer to technical institution which area is related Industry and or pertinent activity If in pursuant to complaint clarification and study as referred to in Article 3 Paragraph (3) b letter non including complaint of pollution case and or damage [of] environment, hence [is] obliged to

Article 5
  1. In the case of complaint included in pollution case and or damage of environment, hence is obliged to conduct verification at the latest within 14 (fourteen) days since after the clarification and study
  2. Verification as referred to in Paragraph (1), obliged to finish during at latest 30 (thirty) days.
  3. If within as referred to in Paragraph (2), verification is not finished hence can be lengthened for the time of at latest 30 (thirty) days
  4. Verification conducted by Team which determined by Official from institution as referred to in Article 2 Paragraph (2) b letter, c, and d which its membership come from technical staff xist in from Working Unit management of complaint, Environmental Official Supervisor, related/relevant Expert or assumed to other party if necessary.

Article 6
In conducting verification, Verification Team can request information and involvement in the field
from Reporter and party that being reported for pollution and or damage of environment
Article 7
1.      Pursuant to result of verification can be concluded that submitted complaint is :
  1. Not a pollution and or damage of environment case
  2. have happened administrative violation, but not result in pollution and or damage of environment
  3. Have happened administrative violation, and result in occurence of pollution and or damage of environment
  4. Have happened pollution and or environmental damage

2.     Pursuant to result of verification as referred to Paragraph (1), Verification Team propose handling recommendation for:
  1. not pollution case and or damage of environment, hence immediately refer to technical institution which area is Industry and or pertinent activity
  2. have resulted the occurrence of administrative violation, but not result the occurrence of pollution and or damage of environment, hence require to be conducted technical guidance to control environmental pollution and or damage by technical Unit in charge for technical guidance for control of environmental pollution and or damage
  3. have happened administrative violation, and result the occurrence of pollution and or damage of environment, hence require to charge an administrative action and conducted technical guidance for control of pollution and or damage of environment by Head of Institution in charge of area management of environment or institution in charge
  4. have happened pollution and or environmental damage which result loss, hence require to conduct action to facilitate and coordinate solving of environmental dispute either through court or is extra-judicial
  5. have happened pollution and or damage of environment and found immediate evidence of occurrence of legal violation, hence require to do law enforcement by Investigator Official of the State Police Republic Of Indonesia or Civil Investigator Official of Environment in charge.
3.      Recommendation for handling as referred to in Paragraph (2) submitted to Official who gave the verification duty for the latest 7 (seven) days after finishing implementation of verification

Article 8
1.      Official who gave the verification at the latest 7 (seven) days after receiving of recommendation as referred to in Paragraph (2), obliged to immediately take decision to receive or refuse the recommendation proposal.
2.      If Official who gave the verification duty receive proposal recommendation from Verification Team, hence pertinent Official during at the latest 14 (fourteen) days obliged to immediately following up according to result of verification

Article 9
In the case of Official as referred to in Article 8 refuse recommendation proposal submitted by Verification Team, hence pertinent Official immediately give direction for handling of the case to Verification Team

Article 10
Result of verification of the complaint of pollution case and or damage of environment can have the character of open as long as according to nature and properties is open to be known by community

Article 11
1.      Each Reporter can raise complaint of objection if the pertinent parties is not satisfy to the handling of the case conducted by Official as referred to in Article 2 Paragraph (2) b letter and
2.      Proffering of objection as referred to in Paragraph (1) raised to
a)      Government or Head of Government Institution responsible in provincial environmental management, if the case is authority of Regent /Mayor or Head of Government institution responsible in environmental management for regency / city area.
b)      Minister of Environment, if the case is authority of Regent / Mayor or Head of Government Institution responsible in environmental management for regency / city, Governor or Head of Government Institution responsible in Provincial environmental management.

Article 12
Expense to conduct activity of management of complaint pollution case and or damage of environment in this Decree is conducted by:
a.      Regent/Governor or governor charged against by pertinent Aerial Revenue and Expenditure Budget (APBD) and or other independent source as according to applied law and regulation
b.      Minister of Environment charged against by National Revenues And Expenditure Budget (APBN) and or other free independent source as according to applied law and regulation

Article 13
By going into effect this Decree it, hence Handbill State's Minister Resident and Environment Republic of Indonesia Number: 03/SE/MENKLH/6/1987 about Procedure for Mitigating Environmental Pollution and Environmental Damage is expressed not applicable

Article 14
This Decree will be enforce on the date of stipulated

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