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The government , represented by the Deputy for Environment Legal Compliance Ministry of Environment , Sudariyono assess B3 waste management license provisions in Article 59 paragraph ( 4 ) , Article 95 paragraph ( 1 ) , and Article 102 of the Environmental Management Act ( Act PLH ) does not need to be reinterpreted , because it is clear and unequivocal. Sudariyono conveys such case in the trial continued case number 18/PUU-XII/2014, reviewing Act on Environmental led by Deputy Chairman of the Constitutional Court Arief Hidayat.

As known , these articles states :

Article 59

 ( 4 ) Management of B3 waste must obtain a permit from the minister , governor or regent / mayor in accordance with their authority .

Article 95

 ( 1 ) In the context of law enforcement against the perpetrators of environmental crime , law enforcement can do integrated between the civil service investigators , police , and prosecutors under the coordination of the Minister .

Article 102

Any person who without the permission of B3 waste management as referred to in Article 59 paragraph ( 4 ) shall be punished with imprisonment of at least 1 ( one ) year and a maximum of 3 ( three ) years and a fine of at least Rp1.000.000.000 , 00 ( one billion dollars ) and the most widely Rp3.000.000.000 , 00 ( three billion dollars ) .

Article 59 paragraph ( 4 ) contradictory to Article 59 paragraph ( 1) of the EE by the Applicant allow the condition where a competent authority does not give permission to someone to manage the B3 waste . The government argued in this case , every effort associated with the B3 waste is required to obtain environmental permits and / or licenses Protection Environmental Management ( PPLH ) first. Due to the hazardous nature of the B3 waste and risk to humans and the environment, the management of B3 waste must be done with the precautionary principle approach through the implementation of licensing instruments , ranging from storage , collection and utilization should be well regulated .

In addition , there may be a business or B3 waste management can be done before getting an environmental permit or license and PPLH . Since both the permit is a requirement to obtain a license or activities as mandated in Article 40 paragraph 1 of Law and Government Regulation No. EE 27/2012 on Environmental Permit . " Therefore , it is sufficient if the reasonable quo provision must arrange for B3 waste management in the business or activity , which requires a company obtain permission from the minister / governor / regent / mayor in accordance authority . With the goal of keeping the government and stakeholders to implement its obligations in carrying out environmental protection and management in the implementation of sustainable development . It is thus the Government argues that the B3 regulatory material has been very clear , firm and not multiple interpretations , thorough and fair for everyone , "said Sudariyono .

In addition , through collaboration with integrated law enforcement , the investigators , the police and prosecution , the Government has made earnest efforts , so that law enforcement can run effectively , efficiently , and successfully for all citizens . " Based on the above , law enforcement has been aligned to be integrated and harmonized been realized , so that the Petitioner who said that law enforcement is only a slogan integrated environment for its own work itself is not true and has not been proven , " said Sudariyono .

In his petition , Petitioner Bachtiar Abdul Fatah expressed his constitutional rights have been impaired by the existence of Article 59 paragraph ( 4 ) , Article 95 paragraph ( 1 ) , and Article 102 of Law PLH . These articles allow the competent authority does not / has not given permission party generating B3 waste ( hazardous materials ) to manage waste with specific reasons . Article 59 paragraph ( 4 ) of the EE is also considered to be contrary to the provisions of paragraph ( 1 ) in the same chapter of the Act . Therefore , Article 59 paragraph ( 1 ) requires any person who generates waste must perform B3 waste management generates. In other words , whether or not the permit , waste generators must manage B3 waste produced if they do not want to be subject to criminal sanctions . (Panji Erawan / mh )

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