M Faiz Zaki, Jakarta – The final draft of the Criminal Code Bill (RKUHP) has been written to cover crimes against the environment under Article 1 through to Article 3. Those who commit acts that cause pollution or cause destruction to the environment that exceeds the environmental quality standards and ecological damage as regulated under existing laws. The abovementioned crimes can imprison perpetrators for up to nine years behind bars.
Article 344 (2) and (3) are similar to the early draft issued in 2019 but what differs from this new set of rules is the positioning of Article 346. The latest RKUHP draft also oversees criminal acts that cause the loss of life with five years' imprisonment.
Violators who conduct acts that are deemed damaging to the environment without malicious intent that in the end cause pollution and destruction which exceeds environmental quality standards and ecological damage can face up to two years in prison and a Category III fine at its most.
Meanwhile, Article 80 (1) states that in imposing a fine, the judge must consider the ability of the defendant by taking into account the actual income and expenses of the defendant. Article 80 (2) says the provisions as referred to in Paragraph 1 do not reduce the application of the specific minimum penalty imposed.
Crimes against the environment are subjected to fines ranging from the lowest at Rp1 million for Category I offenses up to Rp5 billion for crimes that are proven to be categorized under Category VIII offenses.