Indonesia is a developing country, therefore development in all sectors is implemented. Basically the development aims to provide prosperity for the community, and this is the ideal of the state as outlined in the Preamble of the Constitution of the State of the Republic of Indonesia 1945, paragraph 4th. One of these goals is to promote the general welfare. Actually Environmental Law in Indonesia has been growing since the time of colonial Dutch East Indies government. The birth of the Stockholm Declaration of 1972, has greatly influenced the development of Environmental Law in Indonesia. What was originally oriented only to the usage then changed included also in protection. As participants of the conference, Indonesia is obliged to formulate and harmonize its legislation to the outcome of the Stockholm conference. Although Indonesia has had Environmental Law for 36 years, but in fact have not been able to prevent the occurrence of damage / pollution. There are several examples and their case has even been up to the level of the court, such as the case of waste dumping of B3 (Hazardous and Toxic) by P.T. Indo Bharat Rayon (2013-2015), case of P.T. Freeport (2005-2006), cases of mud of P.T. Lapindo Brantas that have occurred since 2006, the pulp mill PT Inti Indorayon Utama (PT IIU) (1998-2000). Even though the community has been given the opportunity to participate in decision making as well as play a role in providing advice and feedback based on the legislation, people are still harmed as in some examples of the following cases, such as the development of PT. Cement Indonesia in Rembang, a mega peatland project in Central Kalimantan, drying up the residents' wells due to the construction of the Fave Hotel, as well as the water crisis in Kwarasan Village due to the bottled water business.

2. • Stockholm Declaration of 1972, has greatly influenced the development of
Environmental Law in Indonesia.
• As outlined in article 33, paragraph 3 of UUD 1945, “The earth, the water and
the natural wealth contained therein are controlled by the state and used for
the greatest prosperity of the people”.
• As stated in the Preamble of UUD 1945 paragraph 4, the goal of the state is
to promote the general welfare. Therefore development in all sectors is
implemented to provide prosperity for the community.
• Act No. 32 of 2009 which regulates the Environmental Protection and
Management (UUPPLH-2009) in article 70, outlines the roles for the
community to participate in the protection and management of the
environment in order to actualize the goal of sustainable development.
• Although Indonesia has had Environmental Law for 36 years, but in fact have
not been able to prevent the occurrence of damage/ pollution. There are
several examples and their case has even been up to the level of the court.

3. 1. How is the government's seriousness in implementing and enforcing Environmental
Law in the midst of Sustainable Development in Indonesia?
2. How effective is the mechanism and form of community participation as a form of
prevention of environmental damage resulting from a business and/ or activity?

4. Based on Article 1 point (1) of Law Number 32 Year 2009: Environment is the unity of space
with all objects, power, circumstances, and living things, including humans and their behaviour,
which affects the viability of life and the welfare of human beings and other living beings.
Environme
nt
Law
Environmental
Law
Based on Law Dictionary (2009), Law is the whole set of rules in which each person must
comply: a system that regulates human behaviour in a society or nation; constitution,
ordinances or regulations established by the government and signed into law.
According to Drupsteen (1978), Environmental law is the whole regulation that regulates the behaviour of people
About what should be done to the environment, whose implementation can be imposed with a sanction
by the authorities. Environmental law has two functions, which regulate human behaviour in managing
the environment and at the same time providing protection to the environment itself.

5. According to Sumijatun (2006), community is a group of people who have similar values and interest that are a special groups with
clear geographical boundaries and norms and values that have been institutionalized.
Community Planning
Community
Planning
In general, planning can be defined as an attempt to utilize available resources with due regard to any limitations that exist in order to
achieve an objective efficiently and effectively (Sujarto, 1985).
In line with Sujarto, Friedmann (1987) stated that planning is a systematic activity to maximize the utilization of available resources in
order to minimize conflict, due to greater development needs. Through planning, the formulation of development activities can be
efficient and effective to provide optimal results in utilizing available resources and developing existing potential.
Community planning is a policy, a plan, and/ or a development programs that must be imbued by the obligation to
preservation of the environment with the use of harmonious and balanced natural resources in realizing the goal of
sustainable development to protect NKRI from pollution and/ or damage (UUPPLH).

6. Community
(Crow & Allan, 1994)
By Location or Place
The area or place of a community can be seen as a place where a
group of people have something similar geographically.
Based on Interests
A group of people who establish a community because they share the
same interests, such as religion, occupation, ethnicity, race, or gender.
Based on Communion
Communion can mean a basic idea that can support the community
itself.

7. Making a plan is always through a fairly complicated process. The process is never
separated from the fruit of human thought. Therefore, ideology is very influential on the
planning done in a community, especially the country (Karim, 2011).
According to Saul M. Katz (2005), the reason / foundations for planning are:
a. A plan is expected to make a briefing of an activity, the guidance for the
implementation of activities that aim to achieve an estimate.
b. A plan is expected to make an estimate of the things in the implementation period
to be passed. Not only about the potential and prospects of development, but also
about the obstacles and risks that may be faced and to ensure that uncertainty can
be limited.
c. Planning provides an opportunity to choose alternatives on how to choose the best
combination.
d. With planning there is a preparation of the priority scale. Selecting sequences in
terms of the importance of the goals, objectives and business activities.
e. A plan will be a measuring instrument or standard for monitoring or evaluation.
Planning

8. White (2009) states, participation as an active involvement of local
communities in a decision-making or implementation of a development
projects.
It means there is a close relationship between community participation
and sustainable development.
Community
Planning
According to Saiful Arif (2009), the concept of an effective development
planning is touching the dimensions required by the community.
Development in a democratic country is carried out from, by and for the
benefit of the people. In this case the public participation is the key word
to determine the success or failure of a development being undertaken.
8 rights in UUPPLH Article 62, 65 and 70
1. The right for a good and healthy environment;
2. The right to get an environmental education;
3. The right for an access of information;
4. The right to participate;
5. The right to propose/ object to a proposed business/ activity that is
expected to have an impact on the environment;
6. The right to participate in the protection and management of the
environment;
7. The right to make a complaint due to alleged pollution and or damage
to the environment; and
8. The right not to be prosecuted criminally and civilly in the fight for the
right to a good and healthy environment.

9. Policies Tools Program
Keppres No. 16/1972
Committee and the Work Plan for the Government
in the Field of Environment
Item 10 Chapter II GBHN 1973-1978
and Chapter 4 REPELITA II
Keppres No. 27/1975
Committee for Inventory and Evaluation of Natural
Wealth
Law No. 4/1982 on the Basic Provisions of Environmental Management
(UULH-1982)
PP No. 29/1986
Environmental Impact Assessment
(AMDAL)
Keppres No. 23/1990  updated with Keppres No. 77/1994,  updated with
Keppres No. 196/1998  updated with Keppres No. 10/2000
Environmental Impact Management Agency
(BAPEDAL)
Law No. 24/1992 on Spatial Planning (UUPR-1992)  updated with Law No.
26/2007 (UUPR-2007)
Law No. 23/1997 on Environmental Management (UUPLH-1997)  update of
Law No. 4/1982 (UULH-1982)
Keppres No.2/2002  updated of Keppres No. 10/2000
Transfer of duty, function and authority of
BAPEDAL to Minister of Environment
Law No. 32/2009 on Protection and Environmental Management (UUPPLH-
2009)  update of Law No. 23/1997 (UUPLH-1997)
PP No. 27/2012 on Environmental Permit
Permen LH No. 17/2012 on guidelines for Community Engagement in the
Environmental Impact Analysis and Environmental Permit Process
Various policies and tools issued by the government in the effort to preserve the environment

10. Community Involvement in AMDAL Preparation (UUPPLH & PP No. 27 Year 2012).

11. Objectives of community
involvement in the AMDAL
preparation process:
o Communities are informed about business plans and/ or activities that have a
significant environmental impacts;
o Communities may submit suggestions, opinions and/ or responses about
business plans and/ or activities that have an important environmental impact;
o Communities may be involved in the decision-making process related to feasibility
recommendations or impropriety of business plans and/ or activities that have
significant environmental impacts;
o The public may submit suggestions, opinions and/ or responses related to the
environmental permit process.
2 factors that influence the
success/ failure of a community
participation (Conyers, 2009):
1. As a result of community involvement itself, communities will not participate on
their own or with high enthusiasm in planning activities if they feel that their
participation in the planning has no effect on the final plan.
2. Communities are reluctant to participate in activities that do not interest them or
have no direct effect that they can feel.
Reasons why AMDAL in
Indonesia cannot be run
effectively (Soemarwoto, 2014):
o Delay in the implementation of AMDAL, so it can no longer affect the planning
process without causing delays in program/ project implementation and raising
project costs;
o A poor understanding about meaning and role of AMDAL, so it is implemented
simply to comply with legislation or even misuse to justify a project;
o AMDAL techniques not developed enough to make it relevant with specific and
clear recommendations;
o Lack of skills on AMDAL commissions to check AMDAL reports;
o There is no good monitoring to find out whether the AMDAL recommendations
contained in the RKL document are actually used to improve the planning and are
implemented in the project implementation.

12. Weakness in
Environmental
Law Enforcement
 A strong influence of the Modern Science Paradigm "Mechanistic-Reductionism“;
 Usually only partial Legal Instruments applied;
 Types and licensing procedures are still varied and the authority is not on one
agency;
 Overlapping supervisory authority between the Ministry of Environment, Regional
Government and related Sector Ministries;
 Economic instruments, administrative sanctions, compensation and the application
of environmental standards are not explicitly regulated, detailed and structured
under UUPPLH-2009;
 The difficulty of proving the element of unlawful acts in environmental lawsuits in a
civil lawsuit, as it depends on formal evidence in accordance with formal
procedures and requirements as determined by law;
 A law enforcement officer is no more than a "mouthpiece" of the law and state
tools without considering the sense of justice developed within the community.

13.  Industrial companies in the country must have a strong commitment to harmonize its economic
activities with the principles of environmental preservation law;
 Governments, proponents (business owners) and the society need to understand the role of
AMDAL comprehensively, not just as a study or a requirement document to enforce legislation,
but AMDAL as a form of prevention of environmental damage by using two-way communication;
 Enforcement of environmental law should use all legal instruments, especially administrative,
criminal and civil law comprehensively, and also a serious efforts of the state in doing law
enforcement against business actors that cause environmental pollution and destruction;
 A well-coordinated supervision authority and an integrated type of licensing;
 Implementation of administrative sanctions is not only accompanied by consideration of the
juridical aspect but also the non juridical aspect, in which the interests of the environment and
society should take precedence over the interests of employers and the state;
 Law enforcement is done thoroughly, using all legal means comprehensively and the application
of synergistic cooperation between the law enforcer;
 A law enforcement officer must be progressive to make a legal breakthrough for the protection of
the ecosystem. The ecosystem approach should take precedence over other interests, mainly
from political, economic, or juridical technical considerations.