PalmOilMagazine, JAKARTA - The major notice in environment cluster in UUCK is the loss spirit of environment conservation and restoration. It identifies that environment issues are just by simplifying every license in environment, such as, the simple arrangement and license about environmental impact analysis.
It is a good thing to simplify the license about environment management, but in environment cluster, UUCK puts aside the protection aspect to the environment. Two major things about environment are the protection and management of the environment itself.
Referring to the substance of Laws No. 32 / 2009 about Environment Protection and Management, this actually reflects that the protection and management are two major essences in the environment aspect.
The issue is that if environment cluster in UUCK mostly focuses about simplifying license about the environment management, it means that UUCK focuses more to the management of environment. This assumption is difficult to be denied because there are sections in UUCK that significantly reduce protection aspect in the environment itself.
For example, UUCK in environment cluster regulates to vanish the phrase ‘tanpa perlu pembuktian adanya unsur kesalahan’ in the environment law enforcement. This could influence to vanish strict liability in Chapter 88 of Laws No. 32 / 2009 which has the model of strict liability in environment law enforcement and this model could be effective for the government to deal with environment cases, such as, the pollution of toxic products. (Dr. Rio Christiawan, S.H., M.Hum., M.Kn. /Lecturer of Program Studi Hukum Bisnis Universitas Prasetiya Mulya, Specialist in Environment and Agrarian Affairs Law)
For more, please read PalmOilMagazine, January 2021
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