The government should focus on handling the Covid-19 Pandemic, accelerate the economic recovery of the people shaken by the pandemic, strengthen efforts to eradicate corruption, handle the scarcity of subsidized fertilizers for farmers, realize agrarian reform. But the government has even passed OMNIBUS LAW or CIPTA KERJA into law. Omnibus Law is a concept for the formation of the main Law to regulate issues that were previously regulated in Law or a single law which simultaneously revises several laws.
Previously, the Omnibus Law draft had been criticized and rejected by various parties because of its many disadvantages rather than its benefits for the benefit of the people. Controversial articles have emerged, particularly on labor issues, law enforcement and the environment. Instead of guaranteeing the preservation of nature, several articles actually contradict this on the pretext of boosting investment.
Many parties believe that the Omnibus Law does not increase employment, but cuts off workers’ rights. Equivalent to three dollars, investment flows that are too easy also make the environment more threatened because there will be many mining, plantation and extractive industry businesses that will clear forests for INVESTMENT purposes. In addition, the Omnibus Law also threatens the existence of customary lands outside Java, so the Omnibus Law is not just a matter of labor. The implications are myriad across all sectors.
One of the problematic articles in the Omnibus Law Norms is about the environment. First, article 88. In Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH), the perpetrators of forest and land burners can ensnare them. However, the Government and DPR actually abolished this rule. The following reads article 88 of the PPLH Law, “Every person whose actions, business, and / or activities use B3, produce and / or manage B3 waste, and / or who pose a serious threat to the environment are absolutely responsible for the losses incurred without the need for proof. element of error. ” Now, the government has removed the provisions in the last sentence. Thus the article 88 reads: “Every person whose actions, business, and / or activities use B3, produce and / or manage B3 waste, and / or who pose a serious threat to the environment are absolutely responsible for the losses incurred from the business and / or activities. ” Then article 93 was deleted. In fact, it contains about public participation. In paragraph 1, this article states that everyone can file a lawsuit against the state administrative decision. However, now the Job Creation Law has been deleted.
Another problem in the articles of the Omnibus Law on law enforcement, where many articles that abolish criminal sanctions for corporations that violate applicable provisions are replaced with administrative sanctions. For example, the abolition of Article 105 in Law No.39 of 2014 concerning Plantations, along with article 105 of the Plantation Law, states, “Every Plantation Company that carries out a plantation crop cultivation business with a certain scale area and / or Plantation Product Processing business with a certain factory capacity that does not have a business license. Plantation as referred to in Article 47 paragraph (1) shall be subject to a maximum imprisonment of 5 (five) years and a maximum fine of Rp.10,000,000,000.00 (ten billion rupiah). Currently, the Omnibus Law has removed article 105. The elimination of the criminal article in the Plantation Law and the PPLH Law will have the potential to cause massive environmental damage, human rights violations and confiscation of customary lands around plantation permits managed by corporations.
Due to sharing considerations for the benefit of the people and the sustainability of the environment and forestry, the Omnibus Law Law must be canceled as soon as possible.
For further information, please contact:
Muhammad Ichwan | Executive Director PPLH Mangkubumi | +62 815-5650-8591
PPLH Mangkubumi is an NGO working on environmental and forestry issues based in East Java that works with forest-based communities to strengthen their capacity in monitoring and managing sustainable natural resources. PPLH Mangkubumi is a member of the Independent Forestry Monitoring Network (JPIK) and undertakes work to monitor illegal logging, strengthen community access to forest management, and advocate for forestry policies. Further information visit www.pplh-mangkubumi.or.id