topic: “Administrative sanction, administrative fine (bestuurlijke boete), administrative coercion (bestuursdwang) and administrative monitoring and inspection.”
convenor: Indonesian Center for Environmental Law (ICEL)
coordinator: Grita Anindarini (ICEL)
moderator: Difa Shafira (Researcher of ICEL)
speakers:
• Dr. Rasio Ridho Sani (Director General for Law Enforcement of Environment and Forestry of MoEF) Download here
• Prof. Michael Faure (Maastricht University)
• Grita Anindarini, S.H., LL.M. (Program Director of ICEL) Download here
rapporteur: Grita Anindarini (ICEL)
objectives :
• To identify best practices in utilizing environmental administrative law effectively.
• Lesson learned concerning the administrative law enforcement implementation in Indonesia and Netherlands
description:
The enactment of Omnibus Law on Job Creation (Law No. 11 Year 2020), has had a significant impact on Indonesia’s environmental law enforcement strategy. The law amends parts of the Environmental Management and Protection Act (Law No. 32 Year 2009) and stipulates administrative sanctions as a response to halt environmental pollution and damage. These changes are adopted by Government Regulation No. 22 Year 2021 which gives the mandate to the Government (Ministry of Environment and Forestry) to further regulate environmental inspection and administrative sanctions. The administrative sanctions in the environment and forestry sectors do not only have the aim to halt the violation, but also to punish the perpetrator and restore the environment. Therefore, in developing the implementing regulations, the Ministry of Environment and Ministry of Forestry need to consider the following issues:
1) the procedure of environmental inspection, particularly using the digital system;
2) the concept of administrative fines;
3) how to use administrative coercion effectively;
4) the intersection between administrative law enforcement with other law enforcement mechanisms (mainly criminal enforcement).
History shows how the regulatory framework of environmental administrative law enforcement in Indonesia has been informed by the framework applied in the Netherlands. Indonesia’s Environmental Act of 1997 and its amendment of 2009 were developed by, among other means, conducting a comparative study to the Netherlands (under the INSELA project). The concept of administrative coercion and administrative fines were also inspired by the Algemene wet Bestuursrecht (AwB). Government Regulation No. 24 Year 2021 on Administrative Sanctions, for example, uses the terms bestuursdwang (administrative coercion) and gijzeling (paksa badan). Therefore currently, comparison between the environmental legal frameworks of Indonesia and the Netherlands will be helpful to identify best practices in utilizing environmental administrative law effectively.
This panel aims at identifying innovative legal strategies that have been proven most effective in the area of environmental law enforcement. Further, it seeks to explore possibilities for future cooperation between Indonesia’s stakeholders and Dutch experts in the field of environmental law.