Indoesia Waste Management Act Number 18 Year 2008

8/3/2019 Indoesia Waste Management Act Number 18 Year 2008

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Act of theRepublic of Indonesia

No. 4 of 1982concerning

Basic Provisions for the Managementof the Living Environment

document.

OFFICE OF THE MINISTER OF STATEFOR DEVELOPMENT SUPERVISION

ANDTHE ENVIRONMENT

ACT OF THEREPUBLIC OF INDONESIA

NO. 4 OF 1982CONCERNING

BASICPROVISIONSFOR THEMANAGEMENT OF THE LWINCENVIRONMENT

WITH THE BLESSINGS OFGOD THE ALMIGHTY

THE PRESIDENT OF THEREPUBLIC OF INDONESIA

Considering.a. that the living environ ment,which is bestowed by God the Al-mighty upon the people of Indonesia,constitutes the living space of the In-donesian people, in all its aspects anddimensions in accordance with theWawasan Nusantarcl (ArchipelagicConcept);b. that in the effective use ofnatural resources for the advancement

of general welfare as stipulated in th eConstitution of 1945 and the attain-ment of happiness based upon Pancasila, it is necessary t o sustain thecapability of the harmonious andbalanced living environment to suppor tcontinued development by means ofan integrated and comprehensive na-tional policy with due considerationof the needs of present and futuregenerations;


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c. tha t a policy of protec tingand developing the living environmentin relation t o life among nations is inaccordance and compatible with thegrowing awareness of mankind's livingenvironment;d. that for the management ofthe living enviro nmen t, which is basedon an integrated and comprehensivenational policy, it is necessary to enactlegislation containing basic provisionsas the basis for the management of theliving environmen t.

Recalling:l. Article 5 Paragraph (l), Ar-ticle 20 Paragraph (1) and Article 33of the Constitution of 19 45;2. The Decree of the People'sConsultative Assembly No. IV/MPR/1978' concerning the Guidelines ofState Policy.

With the approval ofthe House of Repre sentatives ofthe Republic of IndonesiaDECIDES

to enact:ACT ON BASIC PROVISIONS FORTHE MANAGEMENT OF THE LI-VING ENVIRONMENT.SECTION I

GENERAL PROVISIONSArticle 1

As defined und er this Act:l . The living environment is the

spatial entity with all objects, poten-tial~, onditions and living organisms,including man and his behaviour,which influence the continuance ofthe life and welfare of man and otherliving organisms.

2. The managementof the livingenvironment is an integrated effort inthe utilization, regulation, conserva-tion, supervision, control, restorationand development of t he living environ-ment.3. An ecosystem is the compre-hensive, total system of all interactingelements of the living environment.4. Carrying capacity of the en-vironment is the capability of theenvironment to support human lifeand that of other living organisms.5 . Resources are elemen ts of theliving environment consisting of hu-man resources, organic natural re-sources, inorganic natural resources,and man-made resourees.6. An environmental quality

standard is the limit or standard forliving organisms, matter s, energ y, exist-ing or necessary components andlorpollutants, the existence of which istolerated in certain resources as ele-ments of the living environment.7. Environmental pollution isthe entry or introduction of livingorganisms, matters, energy and/orother components into the environ-

ment, andtor change in the environ-mental system due to man's activities


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or natural processes resulting in thedecline of the environmental qualityto such a level which causes theenvironment t o fu nction insufficientlyor to lose its proper functions.

8. Environmental damage is anaction which directly or indirectlyaffects . the physical and/or organiccharacteristics of the environmentwhich causes the environment tofunction insufficiently or to lose itsproper functions in suppo rting contin-ued development.9. Environmental impact is a

change in the environment caused byan activity.10. An analysis of environmentalimpact is a study of the impact of

a planned ac tivity on the living environ-ment needed for decision-makingprocess-11. Conservation of naturalresources is the minagem ent of naturalresources which ensures their wise

utilization and, in the case of renew-able natural resources, ensures theircontinued supply by constantly main-taining and improving their value andvariety.12. A self-reliant com munity in-stitution is an organization which de-velops in a self-reiiant manner, on thebasis of its own initiative and desire,

within the community, and is con-cerned with and active in the field ofthe living environment.

13. Development with environ-mental consideration is a consciousand planned endeavour to utilize andmanage resources wisely in continueddevelopment to improve th e quality oflife.

14. Minister is the Minister whoseduty is the management of the livingenvi~onmentArticle 2

The Indonesian living environm ent,based upon the Archipelagic Concept,encompasses the space where the Re-public of Indonesia holds sovereigntyand exercises sovereign rights andjurisdiction.

SECTION I1PRINCIPLES AND OBJECTIVES

Article 3The management of the livingenvironment is based upon the suste-nance of the capability of the harmo-nious and balanced environment tosupport continued development forthe improvement of human welfare.

Article 4The objectives of the managementof the living environment are:a. to achieve harmonious relationsbetween man and the living envi-ronment as an objective of thedevelopmeni of the Indonesian in-dividual in his totality;

b. t o con trol wisely the utilization ofnatural resources;


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c. to develop the Indonesian individ-ual as a proponent of the livingenvironment;cl. to implement development, withenvironmental considerations forthe interest of present and futuregenerations;e. to protect the nation against theimpact of activities outside theState's tezritory which causes envi-ronmental damage and pollution.

SECTION 111RIGHTS, OBLIGATIONS ANDAUTHORITIES

Article 5(1 ) Every person has the right toa good and healthy livlng emtironment.(2) Every person has the obliga-tion t o maintain the living environmentand t o prevent and abate environment-al damage and pollution.

Article 6(1) Every person has the right

and obligation to participate in themanagement of the living environment.(2 ) The participation as stated inParagraph (1) of this Article shall beestablished. by legislation.

Article 7(1) Every person engaged in anenterprise has the obligation--- to ,main-.taiq the sustenance of the capability. - _1--*1_of th e har mon ious and balanced living

environment to support continued de-velopment.

(2) The obligation as stated inParagraph (1) of this Article shall beentered into every licenseissued by authorized agencies.(3) Provisions governing the obli-gation as referred to in Paragrap h (1)and Paragraph (2) of this Article shallbe established by legislation.

Article 8(1) The Government shall estab-lish policies and take measures de-signed' to encourage promotion of theefforts to sustain the capability of theliving environment to support contin-

ued development.(2) The Government policies andmeasures as stated in Paragraph (1)of this Article shall be established bylegislation.

Article 9The Government has the obligationto cultivate and develop the public'sawareness of its responsibility in themanagement of the living environ mentby means of information, guidance,education and research in the field ofthe living environment.

Article 10(1) Natural resources are con-trolled by the 'st ate and utilized forthe maximum &re of the people.--U-, -(2) The utilization of man- maderesources which affect the livelihoodof the general public shall be regulatedby th e State for the maximum welfareof the people.


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(3) The right to con trol and regulateby the State, as stated in Paragraph (1)and Paragraph (2) of th is Article, givesauthority to:a. regulate the allocatio n, develop-ment, use, reuse, recycling, provi-sion, management and supervisionof resources as stated in Paragraph

(1) and Paragraph (2) of this Arti-cle;b. regulate legal actions and legal re-lations between persons and/orother legal subjects peMning toresources as state d in Paragraph (1)and Paragraph (2) of this Article;c. regulate en vironm ental taxes andretribution.(4) Further provisions pertainingto Paragraph (3) of this Article shallbe established by legislation.

SECTION NPROTECTION OF THE LIVINGENVIRONMENT

Article 11Provisions on the protection ofinorganic natural resources shall beestablished by an act.

Article 12Provisions on the conservation oforganic natural resources and its eco-system shall be established by an act.

Article 13Provisions on the protection of

manmade resources shall be estab-lished by an act.

Article 14Provisions on the protection ofcultural heritage shall be establishedby an act.Article 15The protection of the living envi-ronment shall be based on environ-mental quality standards establishedby legislation.Article 16Every plan which is consideredlikely to have a significant impact onthe environment must be accom paniedwith an analysis of environmental im-pact, carried out according to govern-ment regulations.Article 17

Provisions on the overall and sec-toral prevention and abatement ofdamage and pollution of the livingenvironment and its control shall beestablished by legislation.SECTION V

INSTITUTIONSArticle 18

(1) The management of th e livingenvironment on the n ational level shallbe carried out in the integrated man-ner by means of institutional mechah-ism headed by a Minister and estab-lished by legislation.(2) The management of the livingenvironment, in relation to the inte-

grated implementation of the nationalpolicy pertaining to the management


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of the living environment, shall becarried out sector-wise by departmentsand non-departmental: institutions inaccordance with their respective func-tions an d responsibilities.(3) The managemenr of the livingenvironment, in relation to the inte-grated implementation of the nationalpolicy pertaining to the 'managementof the living environment, shall becarried out on the regional level byRegional Governments in accordancewith the existing legislation.

Article 19Self-reliant community institutionsshall perform a supporting role in themanagement of th e living environment.

SECTION V1CC~IPENSATIONANDRESTORATION

Article 20(1) Whosoever damages andlorpollutes the living environment is liable

for payment o f' compensation tovictims whose rights to a good andhealthy living environment have beenviolated.

(2) Procedures for the submissionof complaints by victims, proceduresfor the investigation by a team of thetype, kind, and extent of damages,and procedures for seeking compen-sation shall be established by legis-lation.

(3) Whosoever damages and/orpollutes the living environm ent is liable

for payment to the S tate of the costsof the restoration of the living envi-ronmen .

(4) Procedures for the determina-tion and payment of the costs of therestoration of the living environmentshall be established by legislationArticle 21

In certain activities pertaining tospecific kinds of resources, strict liabil-ity rests on those causing the damageandlor. pollution of t he living environ-ment at the time of the occurrence ofthe damage andlor pollution, whichshall be stipulated in relevant legisla-tion.

SECTION V11PENALTIESArticle 22

(1) Whosoever intentionally doesan action which causes damage orpollution of the living environmentunder the provisions of this and otheracts shall be liable to punishment ofimprisonment to a maximum of 10years and/or a fine to a maximum ofRp. 100,000,000.00.

(2) Whosoever, thro ugh negli-gence, does an action which causesdamage or pollution of the livingenvironment under the provisions ofthis and other acts shall be liable topunishment of imprisonment to amaximum of one year andlor a fineto a maximum of Rp. 1,000,000.00.


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(3) Actions as stated in Paragraph(1) of this Article constitute a crimeand actions stated in Paragraph (2) ofthis Article constitute a misdemeanor.

SECTION V111TRANSITIONAL PROVISIONS

Article 23At the time this Act takes effect,

all other regulations pertaining to theliving environment shall remain ineffect, insofar as they do not conflictwith this Act.SECTION IX

CONCLUDING PROVISIONSArticle 24

This Act takes effect as of the dateof its promulgation.In o rder that the public be informedthereof, it is hereby ordered that thisAct be promulgated by publication inthe State Gazette of the Republic ofIndonesia.

Done in JakartaOn March l l. 1982THE PRESIDENT OF THEREPUBLIC O F INDONESIA

S O E H A R T O

Promulgated in Jaka rtaOn March 11, 1982THE MINISTER/

STATE SECRETARY O F THEREPUBLIC OF INDONESIA

S U D H A R M O N O . S.H.

STATE GAZETTE OF THEREPUBLIC OF INDONESIAYEAR 198 2 NUMBER 12.


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ELUCIDATIONOF

THE ACT OF THE REPUBLIC OFINDONESIA

NO. 4 OF 1982CONCERN WG

BASIC PROVISIONS FOR THEMANAGEMENT OF THE LIVING

ENVIRONMENTA. GENERAL

1. The living environment ofIndonesia, which is bestowed by Godthe Almighty upon the Indonesiannation and people, is a blessing fromHim, and its capability must be devel-oped and sustained so that it cancontinue to serve as a life source andsupport for the Indonesian nation andpeople and other beings for the sakeof the continuance and the improve-ment of the quality of life itself.Pancasila as the foundation and thephilosophy of the State is a whole andcomplete unity which gives the Indo-nesian nation and people the convic-tion that happiness shallbe attained ifit is based upon harmony and balancein the life of man as individuals, inhis relationship with his fellowman, inhis relationship with nature, in hisrelationship with God the Almighty,as well as in his pursuit of wordlyprogress and spiritual contentment.There are interlocking relationshipsbetween man, his community and hisliving environment, which must always

be cultivated and developed so thatthey continue to be in harmoniousand dynamic balance. The Constitu tionof 1945 stipulates that natural re-sources must be used for the maximumwelfare of the people. This welfaremust be available to both present andfuture generations.The Guidelines of Sta te Policy statethat development aims not only atbringing about prosperity or spiritualcontentment but also at achieving abalance between the two. Therefore,the utilization of natural resourcesmust be in equilibrium with the har-mony and balance of the livingenvironment.

2. The living enviro nme nt, inecological terms, recognizes no arealboundaries, either state or administra-tive. However, if the living environ-ment is to be related to its manage-ment, the boundaries of areas ofauthority of management must beclearly defined.The living environm ent of Indonesiaas an areal concept is a legal term.Under this interpretation, the livingenvironment of Indonesia is noneother than the area of the Archipdago,which lies at the .juncture, of twocontinents and two oceans, with atropical climate, weather, and seasonsproviding natural conditions and astrategic position of great value, wherethe Indonesian nation and people liveout their lives as a nation in all itsaspects. Therefore, the concept encom-


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passed in the management of the livingenvironment of Indonesia is the Archi-pelagic Concept.'-. The living environment ofIndonesia as an ecosystem consists ofa number 'o f areas, each-?X-wlichconstitutes__a eparateubsyZe% com-prising socio-cultural, economic, and

' physical aspects, with characteristicswhich vary from one subsystem toanother, and with different environ-mental carrying capacities. Gu$vgionand development based on theb.. f the carrying capacity ofnment will improve the- - -harmony and balance gf the s~bsys-tte_msLwhich also m eans cenhancing heresilience-- - of these subsystemj2- AT he- - A. -same time the cultivation and develop-_ --- _ -ment of one subsystem wfil affect--o_athers, irhich ultimately will af&tthe equilibrium of the entire eco-system. Therefore, the managementof the living environment demandsthat a system with integratedness as

its main characteristic be developed.This means that a national policy ofthe management of the living environ-ment is necessary.-4 Development is a consciouseffort to manage and utilise resourcesfor the purpose of improting thequality of life of the people. At thesame time natural resources are notunlimited either in quantity or inquality, while the demands for the

resources increase, as a result of theincrease in the tot4 population and

the increase in their needs. Along thesame line, the carrying capacity of theenvironment may be disturbed and thequality of the living environment maydecline.

The mplementation of developm entas an effort at increasing rates bringswith it the risk of polluting anddamaging the environment in such away that the basic structure andfunction of the ecosystem as a lifesupport could also be impaired. Condi-tions of this type are a burdenon society, since' ultimately it is thepeople and the government who willhave to bear the burden of restoringthe environment.The maintenance of a good andhealthy ecosystem is a responsibilitywhich requires the participation ofeach member of the community inimproving the carrying capacity ofthe environment. Therefore11- -^-L - - yigedevelopment must be based upon_-*-* I ." .-- v ma A S h m

5. Consistent with the nature ofthe S tate of the Republic of Indonesiaas a constitutional state, the develop-ment of the system of the managementof the living environ ment of lndonesiamust be based upon a clear, firm, andcomprehensive legal foundation inorder to guarantee the legal certaintyfor the management effort. The legalfoundation is based upon the princi-


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ples of environmental law and on theobedience of everyone t o these princi-ples, all of which are in turn basedupon t he Archipelagic Concept.This Act con cerning Basic Provisionsfor the Management of the LivingEnvironment is of the followingcharacteristics:a. It is simple and yet includes thepossibility of development in thefuture, in accordance with circum-stances, time and place.b. .It contains basic provisions as thebasis for futhe r regulations concern-

ing its implementation.c. It encompasses all aspects of theliving environment in order to formthe basis for further regulationsconcerning each aspect, which shallbe formulated in separate regula-tions.In ad didon , this Act will serve as the'basis for the evaluation and adjustmentof all legislations containing provisionsconcerning aspects of the living envi-ronment heretofore valid, i.e. legis-la ti on ~ regarding irrigations, miningand energy, forestry, protection andconservation of nature , industry, set-tlements, spatial organisations,landuse,and so forth. In this way, all theabove-mentioned legislations can beincluded within one system of Indo-nesian environmental law.B. ARTICLE BY ARTICLEArticle 1The terms formulated in this Article

are intended to provide a uniformityof understanding of this Act and itsregulations for implem entation:1. Living environment here is asystem comprising the organic naturalenvironment, the inorganic naturalenvironment, the man-made environ-ment, and the social environment,which influences the c ontinuity of life,and the welfare of man and otherliving organism,The terms living environment andenvironment are used with the samemeaning.2. Self-explanatory.3. Self-explanatory.4. Self-explanatory,5. Man-made resources includeamong others reservoirs, dams, andprime species.6. Self-explanatory.7. The pollution of the livingenvironment by natural processes is

included in the formulation in view ofthe fact that its effects must beabated. The abatement is the respon-sibility of the Government.Environmental components includeinformation.Environfnental systems are systemsof natural or man-made environment-al components,8. Self-explanatory.9. lmpacts can be positive, i.e.in the form of benefits, or negative,


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i.e. in the f orm of risks, in relationto the physical and nori-physical,including socio-cultural, environment.10. Self-explanatory.11 . Self-explanatory,12. The term organisations in-cludes social groups.13. To utilize and manage re-sources wisely means toalway s consider_ __I+h e im pac t of an activity both on the-*V - -environment and on the capability of_ _I--the resources to supgort continueddevelopment.14. Self-explanatory.

Article 2Self-explanatory.

Article 3The term sustenance contains themeaning of attainment of the capa-bility of a harmonious and balancedenvironment and the improvement ofthat capability. Only in a harmoniousand balanced environment can optimallife be achieved.

Article 4To control wisely the utilization ofresources requires that attention bepaid to aspects such as economy,effectiveness, efficien cy, and recycling.Article 5

Paragraph ( 1 )By person is meant an individual

person, a group of persons, or a legalbody.Paragraph (2)The obligation of every person as stated

in this Paragraph is not separa tedfrom his position as a member ofthe community, which reflects thevalue of man as an individual and asa social being.Article 6

Paragraph (1)The right and obligation of everyperson as a member of the com munityto participate in the management ofthe living environment include theplanning phase as well as the imple-mentation and the evaluation phases.Through their participation, the mem-bers of the com munity will be stronglymotivated to overcome the problemsof the living environment togetheran d to endeavor to carry out success-ful management of the living environ-ment.

Paragraph (2)Legislation as stated in this Articleregulates the implementation of theparticipation as stated in Paragraph (I) .Article 7

Paragraph (1)Self-explanatory.Paragraph (2 )With the stipulation of the obligationas one of the requirements for obtain-ing the license, the person engaged in

an enterprise is always required to


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carry out activities for the sustenanceof the capability of the living environ-ment to support continued develop-ment.Paragraph (3)Self-explanatory.

Article 8The provisions in this Article author-ize the Government to take certainmeasures, for example in the field oftaxation, as an incentive for furtherimproving the maintenance of theenvironment and as a disincentive forpreventing and abating environmentaldamage a nd pollution.The policies and actions as stated inthis Article can also be aimed atextending recognition to any personwho renders outstanding service inthe sustenance of the capability ofthe living environment to supportcontinued development.Article 9Education to initiate and encourageawareness among the people is carriedout both through formal education,from kindergartenlprimary' school upto institutions of higher learning andthrough non-formal education. Re-search on the living environmentincludes among others the development of the concept of the livingenvironment, studies of the existingenvironmental conditions, tendenciesof natural and man-made environ-mental changes, and the reciprocal

link between man's increasing needsand the organic and inorganic environ-ment.Article 10Paragraph (1)Self-explanatory.

Paragraph (2)Self-explanatory.Paragraph (3)The regulating authority as stated inParagraph (3) of this Article concernsamong others the spatial organization,which is a system of controlling spaceas a conscious effort to regulate therelationships of various activities andfunctions for the p urpose of achievingenvironmental harmony and balance.Paragraph (4)Self-explanatory.

Article 11 .The provisions as stated in this Articleinclude all kinds of inorganic naturalresources, such as water, earth, air,anything extracted from the earth,wilderness areas, geological formations,or beau-tiful natural phenomona whichare importan t for sciences.Article 12Conservation of organic n aturalresources an d their ecosystems hasthree aspects, i.e.a. protection of life-suppo rt systems;b. conservation and maintenance ofthe varieties of plant and animal

species and their ecosystems, in thesphere of earth, water and air;


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c. sustained utilization of organicnatural resources and their eco-sys ems.The term consentation above alsoincludes protection of animal specieswhose'lives are not regulated by man,rare or endangered plants, and protect-ed forests.Article 13Protection of important man-maderesources means conservation of thefunctions of these resources for contin-ued development.Article 14The protection of culruriu neritage isaimed at conservation of cultural herit-age of esteemed value.M i l e 15In order to determine whether thedamage of the living environment hasoccurred, it is necessary to establishenvironmental quality standards, i.e.criteria for both the quality of theliving environment and the quality ofdomestic or industrial waste. Thesecriteria and standards may differfor different environments, regions ortimes, taking into consideration thediversity of their systems of utilization.Changes in local environmental condi-tions and technological developmentwill affect the criteria and standardsalready established.Article 16In principle, development projects and

activities produce impact on the livingenvironment. Early planning of anydevelopment effort or activity mustinclude a consideration of its majorimpact on the living environment,both physical and nonphysical, includ-ing socio-cultural, so that an assess-ment can be made as to whether anenvironmental impact analysis shouldbe carried out. This analysis willindicate more precisely the negativeand positive impact of a particularactivity so that steps may be pre-pared as early as possible inorder to abate its negative impact andto develop its positive impact.Major impact to be considered in-cludes, among others:a. the total number of people

affected;b. the size of the area affected;c. the length of time during whichthe impact will persist;d. the intensity of the impact;e. the number of other environmental

components affected;f. the cumulative nature of the im-pact;g. reversible or irreversible impact.The Government can assist economical-ly weak groups, whose fields ofenterprise are suspected to lead tothis type of major impact, in carryingout analyses of environmental impact.Article 17The provisions as stated in this Article


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provide the m eans of enforcing thelaw.Within the framework of the abate-ment of negative impact, the Govern-ment can assist economically weakgroups, whose activities are consideredto have damaged or polluted theenvironment.The abatement of environmentaldamage and pollution caused by activi-ties outside the State territory iscarried out through agreementsbetween countries.Article 18

Paragraph (1)The management of the living environ-ment demands the development of asystem with integratedness as itsprincipal characteristic. Therefore, forthe purpose of im plementing themanagement of the living environmentit is necessary to establish an integ ratednational policy concerning he manage-ment of the living environment, whichis to include formulations, implemen-tation, control and supervision, aspart of the national developmentpolicy.Supervision of the implementationof a national policy concerning themanagement of living environ ment istobe carried out by s upervisory institu-tions in accordance with existingregulations. The implementation ofthe integrated policy requires coor-

dination so that sectoral and regionalimplementation of the management

of the living environment is closelylinked with the national policy ofthe management of th e living environ-ment, and so that there exists auniformity of procedures and stepswhich will guarantee the attainmentof the goals of the management ofthe living environment efficiently andeffectively. For the purpose of coor-dination at the national level, aninstitutional mechanism headed by aminister is established.Paragraph (2)The sectoral implementation of the

management of the living environmentin the regions shall be carried outunder the coordination of the head ofthe region in relation to t he integratedimplementation of the national policypertaining to the management ofthe living environment.Paragraph (3)Self-explanatory.

Article 19%If-reliant community institutionsihciudi? among others:a. professional groups, who on thebasis of their profession are inter est-ed in handling the problem of theenvironment;b., hobby groups, who love nature andare motivated to sustain it;c. in terest groups, who are interestedin contributing to the development

of th e living environment.In performing their supporting role,


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self-reliant comm unity institutionsfunction as a means of involving asmany members of the community aspossible in the effort to attain thegoals of the management of the livingenvironment.

Article 20Paragraph (1)These obligations constitute the dutyof every person to sustain the capabil-ity of the environment for thepurpose of supporting continueddevelopment.Paragraph (2)

The form and type of loss as a resultof the damage and pollution willdetermine the extent of the loss.The investigation of the form, type,and extent of the loss is carried outby a team established by the Govern-ment. The investigation includes eco-logical, medical, socio-cultural andother aspects deemed necessary. Theteam, which consists of the injuredparties ar their representatives, thepolluting agents or their representa-tives, and government agents, is form edseparately for each case. Whennecessary, experts m y be appointedmembers of the team. If a unanimousagreement among the concernedparties cannot be reached withina certain period of time, the matteris taken to the court.

Paragraph (3)Besides the obligation to compensatelosses as stated in the elucidation ofParagraph (2), the damager and/orpolluter of the living environment isalso under the obligation to pay tothe State the costs of the restorationof the environment.The team as stipulated in the eluci-dation of Paragraph (2) can also beassigned the authority to determinethe amount of the costs of the resto-ration of the living enviror-ment.

Paragraph (4)Self-explanatory.Article 21Strict liability will be conf erred selec-tively in cases to be determined bylegislation, which can specify the ty peand category of the activities withinthe scope of the relevant provisions.Article 22Taking into account the fact thatenvironmental damage and/or pollu-tion can be of different kinds, thisArticle specifies only the maximumpenalties which can be imposed.Legislation regulating aspects of th eliving environment can always specifypenalties not exceeding those specifiedin this Article.The amount of fines as stated in thisArticle is the nominal value at themoment when this Act takes effect.Article 23Self-explanatory.


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Article. 24Self-explanatory,SUPPLEMENT TO STAT F

GAZETTE OF THEREPUBLIC OF INDONESIANUMBER 3215.

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Indoesia Waste Management Act Number 18 Year 2008