Fidelis E. Satriastanti – After a two-year transition period, the 2009 Environmental Management and Protection Law became fully effective on Monday, giving the Environment Ministry more authority to deal with violations.
At a national coordination meeting on environmental law enforcement in Jakarta on Monday, Environment Minister Gusti Muhammad Hatta vowed more effective surveillance and prosecution in environmental cases as the law went into effect.
"We will prepare ourselves internally for the enforcement of the environmental law," he said.
Himsar Sirait, the ministry's assistant for law enforcement, said violators could be brought to administrative, civil or criminal courts. "The Environment Ministry will also work in cooperation with the police and prosecutors to comprehensively enforce the law," Himsar said.
Brig. Gen. Bung Djono, from the National Police's civil servant coordination and supervision bureau, said civil servants would take the lead in cracking down on violators but police would provide the necessary backup.
"For environmental cases, the civil servants are more knowledgeable but the police have the facilities and the experience, and therefore they need to work together," he said.
The Environment Ministry says it will also work with the Supreme Court. "The Supreme Court has already issued a letter that environmental cases should be heard by judges holding environmental certification," Himsar said.
Sudriyono, the deputy head of environmental legal enforcement at the ministry, said that while the Supreme Court had not yet started issuing any such certification, some 200 judges who had undergone training were expected to be certified this year.
Meanwhile, the Attorney General's Office said there was no need for special certification for prosecutors handling environmental cases. It said its staff members should already be well-versed in any law.
What is needed, it said, is better teamwork between investigators and prosecutors, as environmental case files are often returned to the police for clarific ation. "Investigators and prosecutors should meet and seek expert opinions," said Agus Riswanto, from the Attorney General's Office.
Himsar said that since the law was first passed in 2009, a total of 171 complaints from the public had been handled. While the ministry went on to verify 42 of the complaints, the remaining 129 were handed over to the relevant regions for action.