Applicant of Environmental Development Act (UU PLH) Judicial Review, who also is convicted for Chevron bioremediation cases, Bachtiar Abdul Fatah presented five experts. The five cited the regulation contained law uncertainty. The pleading was delivered on Thursday (10/7) at MK Plenary Room.

Professor of State Administration Law, Saldi Isra said that Article 59 verse (4), Article 95 verse (1), and Article 102 of UU PLH smear law uncertainty. According to him, Article 59 verse (4) oppose Article 59 verse (1)

Article 59 verse (4) determines waste management of B3 (Toxic and Dangerous Material) has to be granted a permission from the Minister, Governor, and Mayor. But the Article 59 verse (1) determines anyone to take care of its own-expelled B3 waste. In other words, with or without permission the waste must still be managed.

Saldi sees, UU PLH burdens law output from the heavy requirement, this is some reason why uncertainty could occur for the waste expeller. Because the first mandatory requires the second mandatory, while at the same time the expeller has no power to automatically gain the first mandatory.

According to Saldi the two requirements might be applied, as long as the Government release the permission on time-based.

Law uncertainty is also confirmed by Linda Yanti Sulistiawati, Law Experts from Gadjah Mada University (UGM). Linda said the two Articles is potential to harm Citizen Constitutional Rights, as the expeller managed its own waste while the permission has ended simultaneously with the ending of work permit.

“The Person may continue his/her work, but if the permission over and the person can manage his/her own waste, criminalization still taking an eye for the expeller,” Linda said

If it be seen from the Constitutional Rights perspective, the requirement harms Article 28D of 1945 Constitution. “Both Articles oppose each other, smear law uncertainty and vulnerable of criminalization, this condition can’t be abandoned, avoiding bigger loss in the future,” Linda said.(Yusti Nurul Agustin/mh/kun)