JurnalPost.com - Economic development is a vital necessity for Indonesia to improve the welfare of its people. The presence of industrial estates, infrastructure development, and the utilization of natural resources are expected to create jobs and drive national economic growth.
However, behind these benefits lies an issue that cannot be ignored: the threat of environmental degradation resulting from development activities that are not managed responsibly.
Recurrent flooding, river pollution, declining air quality, and the loss of green spaces are among the environmental issues still faced by communities in various regions.
Some of these issues are linked to changes in land use, industrial activities, weak waste management, and suboptimal oversight of activities that have the potential to damage the environment.
This condition raises a fundamental question: must economic development always be paid for with environmental destruction?
As a law student, I believe that development and environmental sustainability should not be viewed as conflicting interests. Instead, they must go hand-in-hand through sustainable policies and consistent law enforcement.
A Healthy Environment is a Constitutional Right
Environmental protection is not merely a matter of concern for nature, but a part of the constitutional rights guaranteed by the state.
Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia asserts that every person has the right to a good and healthy environment.
This provision demonstrates that the public has the right to live in an environment that does not endanger their health or the sustainability of their lives.
Furthermore, Article 33 paragraph (4) of the 1945 Constitution stipulates that the national economy shall be organized based on the principles of economic democracy, including the principles of sustainability and environmental awareness.
This means that economic development should not be measured solely by the scale of investment or growth, but must also consider its impact on the environment and the lives of the people.
In its implementation, Indonesia has Law Number 32 of 2009 concerning Environmental Protection and Management (UU PPLH), as amended by subsequent legislation, including Law Number 6 of 2023 on Job Creation.
These regulations serve as a foundation for environmental management, pollution prevention, oversight, and law enforcement against environmental violations.
With these rules in place, the state effectively possesses the legal basis to maintain a balance between development needs and environmental protection.
The issue lies in how these provisions are applied in reality.
Sustainable Development Must Not Be Just a Slogan
In environmental law, the principle of sustainable development is well-recognized.
This principle emphasizes that meeting the needs of the present generation must not compromise the ability of future generations to meet their own needs.
In my view, this concept is highly relevant for Indonesia, which possesses vast natural wealth while facing increasing pressure from development.
The development of industrial estates, for instance, can provide economic benefits such as jobs and increased regional revenue. However, if these activities cause water or air pollution, the surrounding community may suffer long-term health and social losses.
The same applies to opening new areas for development. Without adequate spatial planning and environmental protection, such activities have the potential to reduce water catchment areas and disrupt ecosystem balance.
Therefore, the success of development should not be measured only by the economic results obtained, but also by the ability of the government and business actors to maintain environmental quality.
Development that generates short-term profits but leaves behind decades of damage can hardly be called truly sustainable.
The Importance of AMDAL and Environmental Oversight
One of the key instruments in preventing environmental damage is the Environmental Impact Assessment (AMDAL).
AMDAL is an assessment of the significant impacts of a planned business or activity on the environment, which is required in the decision-making process.
Through this assessment, potential environmental impacts can be identified before an activity is carried out.
Provisions regarding AMDAL and environmental approval are regulated under the UU PPLH as amended, as well as Government Regulation Number 22 of 2021 concerning the Implementation of Environmental Protection and Management.
However, the existence of an AMDAL document does not automatically guarantee that an activity will proceed without causing environmental damage.
A well-prepared document still requires ongoing implementation, monitoring, and oversight.
This is where the government bears a major responsibility to ensure that environmental management obligations are truly carried out by business actors.
In my opinion, AMDAL should not be viewed merely as an administrative requirement to be fulfilled for a project to proceed.
More than that, AMDAL must be a preventive instrument capable of protecting the public and the environment from the impacts of development activities.
Meaningful space must also be provided for the participation of affected communities. The public must have access to adequate information and the opportunity to voice concerns regarding planned activities that could affect their living environment.
Without oversight and community involvement, environmental protection risks being reduced to mere document compliance.
Challenges in Environmental Law Enforcement in Indonesia
Indonesia has a number of legal instruments to address pollution and environmental damage. These include administrative sanctions, civil liability, and criminal penalties if the elements of the violation are met.
However, the effectiveness of these rules is determined not only by the existence of sanctions but also by the consistency of their application.
Weak oversight, limited resources for authorities, and the clash between economic interests and environmental protection are challenges that require attention.
In some circumstances, the push to accelerate investment can create risks if environmental protection aspects are not prioritized.
I argue that ease of doing business should not be interpreted as a reduction in the responsibility of business actors toward the environment.
On the contrary, legal certainty and clear environmental standards can create a healthier and more responsible investment climate.
Law enforcement also needs to uphold the polluter pays principle .
This principle asserts that the party responsible for pollution must essentially bear the costs of mitigation and restoration in accordance with legal provisions.
Thus, environmental losses should not simply be offloaded onto the public.
The Roles of Government, Business, and Society
Environmental protection cannot be left solely to the government. The involvement of various parties is required for development to be sustainable.
First, the government must ensure that development policies prioritize public safety and environmental preservation.
Oversight of business activities must be conducted objectively, transparently, and consistently. If violations are found, legal action must be taken according to the severity of the offense and applicable regulations.
Second, business actors need to build awareness that corporate responsibility does not end with achieving financial profit.
The application of Environmental, Social, and Governance (ESG) principles can be an approach to integrate environmental, social, and governance aspects into business operations.
Responsible companies should pay attention to energy use, waste management, the safety of surrounding communities, and the operational impact on ecosystems.
Third, the public and academics play an important role in social oversight.
The public can participate by voicing aspirations, reporting suspected pollution, and engaging in environmental decision-making processes as provided by law.
Meanwhile, universities can contribute through research, environmental law education, and the formulation of policy recommendations based on scientific studies.
As law students, we also have a moral responsibility to build awareness about the importance of environmental protection in society.
Law should not be understood merely as a collection of articles, but as a tool to realize justice and protect the public interest.
Environmental Justice for Future Generations
Environmental issues ultimately concern more than just the people living today.
Deforestation, water source pollution, and the loss of biodiversity can have impacts that last far beyond a single generation.
Therefore, the principle of environmental justice must be the foundation for drafting development policies.
Environmental justice requires that the benefits of development and the burden of environmental risks are not distributed unequally, particularly toward the most vulnerable communities.
Communities living around industrial estates, mining areas, or regions under high development pressure have the right to adequate protection.
On the other hand, future generations also have an interest in inheriting an environment that remains capable of supporting life.
In my view, development cannot be called successful if it only produces economic growth while the community must bear the burden of pollution, loss of living space, or declining health quality.
The success of development must be viewed more holistically, placing human welfare and nature conservation as interrelated goals.
Protecting Nature Means Protecting Indonesia's Future
Economic development and environmental protection are not two choices that must defeat one another.
Indonesia needs development to improve public welfare, but at the same time, it needs a healthy environment as the foundation of life.
Environmental law plays a crucial role in ensuring that development activities do not ignore the rights of the public or the interests of future generations.
Through effective oversight, responsible implementation of AMDAL, consistent law enforcement, and public participation, a balance between development and environmental preservation can be pursued.
As a law student, I believe that the strength of a nation is seen not only in how fast its economy grows, but also in its ability to manage natural resources and protect the rights of its people.
Good development is not development that exhausts natural wealth for momentary gain, but development that brings prosperity without destroying the foundations of life.
Because protecting the environment does not mean hindering progress. By protecting the environment, we are ensuring that Indonesia's progress can continue to be enjoyed by current and future generations.
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