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Indonesian Law$
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Tim Lindsey and Simon Butt

Print publication date: 2018

Print ISBN-13: 9780199677740

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199677740.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 01 July 2022

Environmental Law

Environmental Law

Chapter:
(p.162) 9 Environmental Law
Source:
Indonesian Law
Author(s):

Simon Butt

Tim Lindsey

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199677740.003.0009

Indonesia has long had poor standards of environmental governance, with the Soeharto government making the environment largely subservient to the national development imperative. In this chapter we show that in the post-Soeharto era, Indonesia’s environmental law has been significantly reformed, imposing more stringent emissions and waste standards, and more comprehensive environmental impact assessment requirements. However, contradictory regulations issued by national and subnational institutions have complicated enforcement of environmental laws, which was already rarely successful. Worse, these institutions tend to deflect responsibility for monitoring and enforcement to others. This is possible because their relative jurisdictions are generally unclear and hence contested. Many of these impediments to an effective system are brought into sharp relief by the Sidoarjo Mudflow disaster, discussed as a case study in this chapter.

Keywords:   Indonesia, Indonesian law, environmental law, monitoring, compliance, emissions standards, jurisdictional disputes, regional autonomy, Sidoarjo

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