Walhi suspects Jokowi has not read the draft job creation law

JAKARTA, KOMPAS.com – Wahana Lingkungan Hidup (Walhi) CEO Nur Hidayati suspects that President Joko Widodo has not directly read the draft Employment Creation Law that was passed by the government and the DPR.

This is because, when giving a statement on the law, President Jokowi raised an irrelevant issue by denying the elimination of the environmental impact analysis (Amdal).

“Although the debate no longer exists. Because (the controversy) about (article that regulates) the Amdal was at the beginning,” Nur told Kompas.com, on Saturday (10/10/2020).

“So, the president himself did not read, from there it can be concluded whether the president read the documents, or simply reported them,” he continued.

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Nur explained that the removal of the EIA appeared in the initial draft of the Job Creation Bill that was initiated by the government.

However, since discussions were taking place in the Indonesian Parliament and also input from environmentalists, the rules related to the removal of the EIA have been revoked.

Companies whose fields of activity have an impact on the environment must have Amdal’s documents as stipulated in Law Number 32 of 2009 on Environmental Protection and Management (PPLH).

“Therefore, no one else talks about the removal of the EIA,” Nur said.

Nur emphasized that what worries environmentalists at the moment is the reduction in the participation of the community and environmentalists in the Amdal drafting process.

In addition, Walhi also highlighted the obligation or responsibility for forest fires in the repealed forest law. This obligation is only replaced by assuming responsibility for prevention.

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“This discussion continues to unfold until the last draft that was approved yesterday,” Nur said.

President Jokowi previously said that there was a lot of misinformation and deception that led to public rejection of the Job Creation Law. One of them is about the environmental impact analysis document (Amdal) that the company must keep.

Jokowi emphasized that Amdal was not abolished. Companies whose businesses are considered to have a significant impact on the environment must have this document from Amdal.

“What is also often incorrectly reported is the elimination of environmental impact analysis, that is also not true. Amdal still exists for large industries, it must be rigorous EIA studies,” Jokowi said at a press conference from the Presidential Palace. from Bogor on Friday.

“But for MSMEs, the emphasis is more on attendance and supervision,” he continued.

In fact, the draft Employment Creation Law modifies a series of provisions related to Amdal in Law Number 32 of 2009 on Environmental Protection and Management (PPLH).

Also read: Coordinating Ministry of Economy: Amdal is not eliminated in the Employment Creation Law

In article 26 of the PPLH Law, the preparation of the EIA document involves the community and environmentalists. However, this provision was modified so that the preparation of the Amdal document was carried out involving only those directly affected. That way, environmentalists are no longer involved.

In article 26 of the PPLH Law there is also a provision that gives the community the right to oppose the EIA document. But the Omnibus Law lacks the verse that regulates this.

Then, articles 29-31 of the PPLH Law that regulates the Amdal Evaluation Commission, which also includes experts and representatives of the community and environmental organizations, are eliminated.

The functions of the commission were replaced by a due diligence team formed by the Central Government’s Feasibility Testing Agency. There are only three elements involved, namely the central government, local governments, and certified experts.