Revision of Ministerial Regulation Expands Scope of Environmental Supervision

The Ministry of Environment (Kementerian Lingkungan Hidup – “KLH”) is currently finalizing the revision of Regulation of the Minister of Environment and Forestry No. P.15/MENLHK/SETJEN/PLA.4/7/2020 on the Implementation and Supervision of Detailed Environmental Management Plans and Environmental Monitoring Plans within the Special Economic Zones (“PermenLHK 15/2020”). This revision aims to expand the regulatory scope, which previously applied only to Special Economic Zones (Kawasan Ekonomi Khusus – “KEK”), to also cover Industrial Estates (Kawasan Industri – “KI”) as well as Free Trade Zones and Free Ports (Kawasan Perdagangan Bebas dan Pelabuhan Bebas – “KPBPB”). 

“The revision of the Ministerial Regulation that we are currently preparing requires considerable time as it incorporates these three types of zones,” stated Lidia Hayati, a Junior Expert Environmental Supervisor at KLH,.

Furthermore, she explained that the revision delegates authority to zone administrators to directly conduct environmental supervision of business actors. Zone administrators are required to carry out periodic supervision every six months to ensure compliance with environmental regulations within their respective areas.

Nevertheless, KLH continues to apply the second line principle in supervision. Under this scheme, the Law Enforcement Unit (Penegakan Hukum – “Gakkum”) of KLH retains the authority to conduct direct incidental supervision in the event of indications of serious violations or environmental pollution.