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AMDAL REFORM PROGRAM (PHASE 2) LINKING POVERTY, ENVIRONMENT, AND DECENTRALISATION

REGIONAL PILOT PROJECT FINAL REPORT

SUBMITTED TO THE OFFICE OF THE WORLD BANK OF JAKARTA BY

PT QIPRA GALANG KUALITA

DECEMBER 2005

i

THIS REPORT

PT Qipra Galang Kualita, hereinafter referred to as Consultant, was

appointed by The World Bank to conduct 3 (three) activities under their

AMDAL Reform Program – Linking Poverty, Environment and

Decentralization, under the Poverty-Environment Trust Fund, TF053289.

The activities are designed to provide inputs to support the efforts of the

Ministry of Environment of the Republic of Indonesia in improving the

current AMDAL system. One of those activities is the Regional Pilot Project.

This report describes the results of the Regional Pilot Project and

recommendations for submission to KLH. The body of the report is divided

into sections, as follows:

• Chapter 2: Results; divided into 2 sub-chapters on West Java and

East Kalimantan Provinces, and each describing the AMDAL

concepts developed and the process through which they were

developed.

• Chapter 3: Discussion; descibing Consultant comment on results of

regional pilot project on both areas.

• Chapter 4: Recommendations: outlining the key lessons learned and

recommendations towards revising the current AMDAL regulations.

A set of attachments are provided, consisting of stand-alone documents

prepared during the course of the project to document different components

of the pilot project. Jakarta, December 22, 2005

Qipra Galang Kualita, PT

Final Report: Regional Pilot Project

ii

CONTENTS

This Report i

Contents ii

Tables iv

Figures v

Attachments vi

1 OVERVIEW

Background 1 – 1

Objectives 1 – 2

Workplan 1 – 2

2 RESULTS 2 – 1

Pilot Area 1: West Java 2 – 1

The Concept 2 – 1

Core Definitions 2 – 1

Consensus 2 – 3

Procedure 2 – 5

Support Tool 2 – 8

Post-AMDAL 2 – 8

The Process 2 – 10

Phases 2 – 10

Involvement 2 – 12

Simulation 2 – 14

Pilot Area 2: East Kalimantan 2 – 15

The Concept 2 – 16

Issues 2 – 16

Roles 2 – 17

Divisions 2 – 18

iii

The Process 2 – 21

Phases 2 – 21

Involvement 2 – 24

Simulation 2 – 25

3 DISCUSSIONS 3 – 1

Analysis 3 – 1

West Java Concept 3 – 1

East Kalimantan Concept 3 – 3

Lesson Learned 3 – 4

4 RECOMMENDATION

Provincial Variations 4 – 1

National Innovations 4 – 3

Role of KLH 4 – 4

Remarks 4 – 5


iv

TABLES

2.1. Core Definitions of the West Java AMDAL Concept. 2 – 1

2.2. Highlights of New Ideas in the West Java AMDAL

Procedure.

2 – 5

2.3. Division of Tasks in the Monitoring and Oversight of RKL-

RPL Implementation.

2 – 18

2.4. Division of Tasks in the Feedback Mechanism of RKL-

RPL Implementation Monitoring.

2 – 19

2.5. Division of Tasks in the Capacity Building of RKL/RPL

Implementation Monitoring.

2 – 20

2.6. Suggestions for AMDAL improvement in East Kalimantan. 2 – 23

v

FIGURES

1-1 Overall Workplan for the Regional Pilot Project. 1 – 3

2.1. Input and output of the AMDAL process. 2 – 2

2.2. Con-sequence of Activity terminology will be given to a

confirm-ed residual signifi-cant impact.

2 – 2

2.3. Prerequisites of AMDAL process. 2 – 3

2.4. Preparation of the Environmental Clearance Document

(DKL).

2 – 5

2.5. Diagram of the West Java AMDAL Procedure. 2 – 7

2.6. The Environmental Impact Control Management System

(SPDL or Sistem Manajemen Pengendalian Dampak

Lingkungan).

2 – 9

2.7. Progression of the development of ideas to formulate the

West Java AMDAL concept.

2 – 11

2.8. Monitoring and Oversight of RKL-RPL Implementation. 2 – 19

2.9. Feedback Mechanism of RKL-RPL Implementation

Monitoring.

2 – 20

2.10. Capacity Building Related to RKL-RPL Implementation

Monitoring.

2 – 21

2.11. Progression of the Development of Ideas to Formulate the

East Kalimantan Concept for Monitoring of RKL-RPL

Implementation.

2 – 22

3.1. Steps to Determine Area of Improvement. 3 – 6


vi

ATTACHMENTS

A Concept of the West Java AMDAL System.

B Principles of Implementing the Environmental Impact Control

Management System (Prinsip Penyelenggaraan Sistem Manajemen

Pengendalian Dampak Lingkungan).

C Working Paper on the Development of the West Java AMDAL System:

an Analysis of the Needs for Improving the AMDAL System (Kertas

Kerja Pengembangan Sistem AMDAL Jawa Barat: Analisis Kebutuhan

Perbaikan Sistem AMDAL).

D Working Paper on the Development of the West Java AMDAL System:

Framework for a West Java AMDAL System (Kertas Kerja Pengembangan

Sistem AMDAL Jawa Barat: Kerangka Penyelenggaraan Sistem AMDAL

Jawa Barat).

E West Java AMDAL Simulation Plans (Rencana Pelaksanaan Uji-Coba

Sistem AMDAL Jawa Barat).

F AMDAL Concept on Monitoring of AMDAL/RKL-RPL

Implementation in East Kalimantan (Konsep Monitoring Implementasi

AMDAL/RKL-RPL di Kalimantan Timur).

G Working Paper on the Development of the East Kalimantan AMDAL

System: Analysis of Problem on the Implementation of AMDAL in East

Kalimantan (Kertas Kerja Pengembangan Sistem AMDAL Kalimantan

Timur: Kajian Permasalahan dalam Penerapan AMDAL di Kalimantan

Timur).

H Working Paper for East Kalimantan AMDAL Revitalization Study:

Monitoring of RKL/RPL Implementation (Kertas Kerja Monitoring

Implementasi AMDAL).

I Example of RKL-RPL Monitoring Report (East Kalimantan Simulation).

J Influence from the Analytical Studies (Best Practices Study and the

Public Participation and Information Access Study).

K Terms of Reference Final Seminar, January 2006.

1 - 1

1 OVERVIEW BACKGROUND In support of the Ministry of Environment’s AMDAL

Revitalization efforts, a Regional Pilot Project was conducted

as part of the World Bank’s “AMDAL Reform Program –

Linking Poverty, Environment and Decentralization”. The

idea to conduct a Regional Pilot Project came out of the

AMDAL Scoping Study, conducted by the World Bank in

2004, which identified there was already some variation

among regions in implementing AMDAL and that any policy

changes to the national AMDAL system should recognize the

concerns and constraints faced by the regions in

implementing the AMDAL system.

The World Bank Concept Note that defined the current

program states that:

1. Local authorities themselves are best placed to provide

much of the input required to ‘revitalise’ AMDAL. What

they need is assistance in identifying constraints,

compiling and organising the evidence-base in a

convincing manner, and developing and testing new

methods.

2. Any advice to the centre on policy reform should be

grounded in the reality of actual projects, providing the

best means of understanding how the many elements of

the process fit together and delivering the necessary

clarity when proposing changes.

3. The proposed work should start by supporting the more

capable and experienced local governments, and use best

practice and innovation emerging from these authorities

as a basis for driving up the quality of AMDAL in other

regions over time. The regional pilot project is initiated

in December 2004 yang diawali dengan serangkaian

discussions antara the World Bank, the Ministry of

Environment (KLH), and the Consultant. Salah satu

kesepakatan yang diperoleh adalah both the Ministry of

Environment and the World Bank have agreed that the

project would work at the Provincial level. Therefore, it is

seen necessary to change the word Regional to Provincial.

In Bahasa Indonesia, the name used by the Consultant to


1 - 2 Overview

refer to the project is Studi Kelayakan Pengembangan

Sistem AMDAL Propinsi, meaning the Feasibility Study

for the Development of a Provincial AMDAL System. For

the purposes of this report, the term Provincial Pilot

Project will be used to maintain brevity.

It is understood also that ideas generated in and lessons

learned through the formulation of a provincial AMDAL

concept may have great relevance to the national-level

AMDAL’s. Thus, innovations or modifications to the current

AMDAL system developed in the Provincial Pilot Project may

be used by KLH to modify the AMDAL requirements for

projects needing national-level approval as well as the national

AMDAL system as a whole.

OBJECTIVES Objectives of the Provincial Pilot Project are:

1. Assess the concept and feasibility of a provincial AMDAL

system.

2. Provide inputs and recommendations to the Ministry of

Environment (KLH) regarding the value, potential and

process of developing provincial AMDAL systems.

3. Provide inputs from provincial AMDAL stakeholders for

the national-level AMDAL revitalization efforts

conducted by KLH.

WORKPLAN In the design, the Provincial Pilot Project work would consist

of a sequence of activities, namely (see Figure 1):

1. Selection of Pilot Areas, which involved identification of

2 (two) areas to serve as the focal point of the exercise,

and obtaining concurrence from the Ministry of

Environment for such selection.

2. Definition of Project Boundaries and Mechanism,

which entailed intensive discussion and reaching

consensus with KLH regarding the working mechanism

between the Consultant, provincial stakeholders, KLH’s

Team on AMDAL Revitalization and their appointed

advisors.

3. Assessment of Pilot Areas Potential, which involved

conducting survey and analysis of the condition of

AMDAL implementation in the pilot areas, and

1 - 3

identification of basic issues, to lead to determination of

areas of improvement.

4. Formulation of Provincial AMDAL Basic Framework,

which commenced the process of developing a basic

framework for each of the pilot area, discussing with

provincial stakeholders, and culminated in a document

describing the Basic Framework of the Provincial

AMDAL System.

FIGURE 1.1. Overall Workplan for the Regional Pilot Project. 5. Formulation of Detailed Mechanism for the Provincial

AMDAL System, which entailed developing further

several key elements of the Basic Framework, discussions

with provincial stakeholders, and preparation of the full

document on the Provincial AMDAL System. The

Detailed Mechanism would guide in implementation of

the Field Test.

6. Field Test, which involved simulation of certain aspects

of the Provincial AMDAL System, as a way to test the

concept and obtain additional inputs to improve the

concept. Real projects would be identified to be the

subject of this simulation.

7. Finalization, which entails revision of the concept based

on the results of the Field Test, implementation of a

Final Seminar in Jakarta, and preparation of the Final

Report.

In the first 2 months of the project, agreement was reached

END

DEFINITION OF PROJECTBOUNDARIES & MECHANISMS

SELECTION OFPILOT AREAS

ASSESSMENT OFPILOT AREASPOTENTIAL

FORMULATION OFPROVINCIAL AMDALBASIC FRAMEWORK

KICK-OFFWORKSHOP

SEMINAR

BASIC FRAMEWORKPROVINCIAL AMDAL

SYSTEM

12

3

4

STAGE 1

FIELD TEST

CONCEPT FINALIZATION

SEMINAR

FORMULATION OFDETAILED PROVINCIAL

AMDAL MECHANISM

IMPLEMENTATIONGUIDELINE OF THE

PROVINCIAL AMDAL SYSTEM

5

6

7

STAGE 2


1 - 4 Overview

with KLH on selection of the pilot areas, namely:

• Pilot area 1: Province of West Java, and

• Pilot area 2: Province of East Kalimantan.

It was further agreed with KLH that the results of the

Provincial Pilot Project would feed into KLH’s process of

considering options for revitalizing the national AMDAL

system, including preparation of an academic draft towards

revision of the Government Regulation on AMDAL.

2 - 1

2 RESULTS PILOT AREA 1: WEST JAVA

Selected to represent a ‘strong province’ of Indonesia1, West

Java has produced a concept of alternative AMDAL system

that differs in a number of elements from the current

national AMDAL system. The desire to develop an

alternative system comes from years of experience

administering AMDAL in a fast-growing region, and facing

the challenge of applying the national system to the

conditions in the field.

This section presents an overview of the highlights of the

West Java AMDAL concept, followed by a description of the

process of concept development and consultations that

occurred in West Java for the Provincial Pilot Project.

THE CONCEPT

The foundation of the West Java AMDAL concept was a set

of reaffirmed core definitions on the purpose, meaning and

objective of AMDAL. Besides offering a concept of linkage,

institutional framework, and product different to the national

AMDAL system, the West Java concept offers a more

efficient procedure (tatalaksana) with a more realistic and

effective output than the current AMDAL system. The West

Java AMDAL Concept is explained in its entirety in

Attachment A.

Core Definitions

The following core definitions are formulated to clarify and

place clearer boundaries on what should and can be expected

from the AMDAL process. Table 2.1 below provides a

summary of the core definitions of AMDAL.

1 The AMDAL capacity and experience of the Province of West Java is widely recognized. Additionally, Bandung (the capital city of West Java) is an important intellectual center for Indonesia, with the presence of major universities, whose contribution to the environmental field is well known. Involvement from the academic, non-governmental, and consulting circles in Bandung in this exercise is easily achieved. Data and information of the environmental condition of the region is relatively good.

TABLE 2.1. Core Definitions of the West Java AMDAL Concept.

REAFFIRMATION DESCRIPTION

1 AMDAL is strictly a planning tool. Pro-ducts of AMDAL can only be used for

At present, the results of the AMDAL process, namely RKL-RPL2, is also used as a guide for environmental management and supervision in the project operation phase. With this reaffirmation, the West Java AMDAL concept no longer includes RKL-RPL document as part of the AMDAL


2 - 2 Results

2 RKL-RPL stands for Rencana Pengelolaan Lingkungan (Environmental Management Plans) and Rencana Pemantauan Lingkungan (Environmental Monitoring Plans) which essentially the end-product of the current AMDAL system.

improving plans of the proposed activity and for its approval process.

process. Guidance for environmental impact mitigation will be incorporated in the final AMDAL document, ie, Environmental Clearance Document (DKL, or Dokumen Kelayakan Lingkungan). An Environmental Impact Control Management System (SPDL, or Sistem Manajemen Pengendalian Dampak Lingkungan) will replace the function of RKL-RPL as a guide for environmental management and supervision in the project operation phase.

This reaffirmation is expected to underscore the position of AMDAL as a tool for planning, and not a tool for permitting. The AMDAL approval means that the plans proposed by a proponent have been approved and can proceed with further planning process or design (see Figure 2.1). AMDAL is not approval for the project to proceed or not.

FIGURE 2.1. Input and output of the AMDAL process. The input is plans of proposed activ-ity. Based on the DKL, decission-maker will decide whether proponent can proceed with its further planning or design process.

2 AMDAL is to assess plans for a proposed activity.

At present, AMDAL of a proposed activity will not be approved if the plan is seen to have impacts that cannot be mitigated. As a result, most proponents opt to conceal the real expected residual significant impacts3 in the AMDAL documents. With this reaffirmation, the AMDAL approval process is expected to use more truthful information – that there may indeed by residual impacts that cannot be mitigated by the proponent (later called as Consequence of Activity as shown in Figure 2.2). In the West Java concept, the AMDAL Review Commission may recommend that a proposed project, with unmitigatable residual impacts, continue its planning process, with a note to the subsequent Government decision-maker that any permit approval must take into consideration whether such consequence of activities can be accepted (and mitigated by other programs or measures of the Government).

3 AMDAL is also to identify and communicate any significant impact that cannot be mitigated.

FIGURE 2.2. Con-sequence of Activity terminology will be given to a confirm-ed residual signifi-cant impact.

4 AMDAL is to determine general principles of impact

At present, the AMDAL process expends much more energy and time for the prediction of impact (type and magnitude). With this reaffirmation, the AMDAL process is expected to utilize equal

AMDALENVIRONMENTAL CLEARANCE DOCUMENT

Proposed Activity Plans(with potential significant impacts)

Approval for planningto proceed

SIGNIFICANT IMPACT

RESIDUAL SIGNIFICANT IMPACT

MANAGED SIGNIFICANTIMPACT

CONSEQUENCEOF ACTIVITY

2 - 3

Consensus Consensus was reached on a number of issues towards

development of the West Java AMDAL concept.

► Linkage

The AMDAL process can only be commenced when a

proposed activity has formal evidence that (see Figure 2.3):

FIGURE 2.3. Prerequisites of AMDAL process. Before applying for the AMDAL process, proponent must possess formal evidence (or permits) stating that the proposed activity does not contradict with development and regional spatial plans.

• The type of activity proposed does not contradict policies

on the direction of development or policies on natural

resources utilization. Type of formal evidence applied in

West Java province in this respect is Ijin Prinsip

(Principle Permit).

• The location of the proposed activities does not

3 Residual significant impact is impact that are not well understood (in terms of nature and magnitude) at the time of scoping and that does not have mitigation measure plan in the proposed project plan. The residual significant impact based AMDAL process id inspired from EIA process currently applied in Malaysia. 4 UKL-UPL stands for Upaya Pengelolaan Lingkungan (Environmental Management Effort) and Upaya Pemantauan Lingkungan (Environmental Monitoring Effort). Basically, UKL-UPL is a set of documents prepared for projects with no large and significant impact. No designated in-depth assessment phase is required in the UKL-UPL process and its review is conducted only by Environmental Agency personnels.

mitigation. proportion of time and energy to determine general principles for mitigation of significant impacts.

5 AMDAL is to be applied for all type of activities with potential significant impacts, whether small or large.

UKL-UPL4 (which is currently applied for activities with small significant impacts) is integrated into the West Java AMDAL system. The integration will remove the duality currently existing and eliminates the confusion, especially since regional autonomy, on the distinction between UKL-UPL and AMDAL, and their review processes. Projects currently required to prepare UKL-UPL are now expected to prepare a DKL, albeit directly (without implementing studies or preparing Scoping Document), and without involving review by the AMDAL Commission. The DKL becomes the single product to be used by decision-makers and oversight agencies.

AMDAL

LOCATION PERMIT(or equivalent)

Approval for Planningto Proceed

PRINCIPLE PERMIT(or equivalent)


2 - 4 Results

contradict the regional spatial plans. Type of formal

evidence applied in West Java province in this respect is

Ijin Lokasi (Location Permit).

Such pre-requisite is aimed at avoiding a debate (that

currently often occurs) in the AMDAL review process on

whether a proposed activity is consistent with spatial plans.

Besides the link with the pre-AMDAL permitting, the West

Java AMDAL concept also tries to define a clearer link with

post-AMDAL planning approvals or permitting mechanisms.

This is achieved by requiring the proponent to state the types

of post-AMDAL approval or permits that need to be

obtained in the Letter of Intent5 and in the AMDAL

documents. The Letter of Intent must also be signed by

representatives of institutions that will issue the post-

AMDAL approval or permit. This is expected to increase the

involvement of approving and permitting parties in the

AMDAL process since the beginning.

► Institutions

Authority for AMDAL administration and evaluation

remains in the kabupaten/kota. The Provincial governement

has no intention to regain back the authority from the

kabupaten/kota. The Provincial government is involved only

in a) activities that cross kabupaten/kota boundaries, and b)

special activities. Upon request by kabupaten/kota

governments, the Provincial government will assist in the

AMDAL evaluation process of proposed activities that are

within the authority of AMDAL Review Commissions in the

kabupaten/kota. Provincial government will play a lead role in

synchronizing the AMDAL administration to ensure

consistency among all kabupaten/kota and the province

regarding regulations, implementation and oversight.

The Environment Agency is responsible for the

administration of AMDAL and for the approval of AMDAL

(in the form of DKL endorsement, signed by the Head of the

Environment Agency). However, head of the local

government has a power to veto the decision of the

Environment Agency as long as justifications are clearly

stated.

► Final Product

5 A Letter of Intent is submitted to the environmental instution if a proponent intends to commence the AMDAL process for its proposed activity.

2 - 5

The Environmental Clearance Document (Dokumen

Kelayakan Lingkungan or DKL) is the final product of the

AMDAL process. DKL summarizes information including on

(see Figure 2.4):

• Managed significant impacts and consequence of activity,

if any, expected to arise due to the proposed activity.

• Principles of impact mitigation that must be included in

the final proposed activity plans and in the SPDL

(Environmental Impact Control Management System).

• Approvals and permits to be obtained by the proponent.

• Schedule for implementation of the proposed activity.

DKL will be endorsed by the Head of the Environment

Agency. The letter of endorsement will contain environment

agency’s recommendation on whether the proponent can

continue (or not) with its planning process.

FIGURE 2.4. Preparation of the Environmental Clearance Document (DKL). DKL must contains lists of managed significant impacts and consequence of activity. Several managed significant impacts are confirmed in the scoping process while some can be confirmed only after the ANDAL process. Classification of ‘Consequence of Activity’ will be given to a residual significant impact only if the ANDAL process cannot find its mitigation plan.

Procedure The development of the West Java AMDAL concept is

driven by an intent to create and implement a more efficient

procedure but yet generate more effective output than the

current AMDAL system. New ideas are discussed and

carefully studied before proposed West Java AMDAL

procedure is created (see Figure 2.5). Highlights of the ideas

behind the West Java AMDAL procedure are discussed in

Table 2.2.

TABLE 2.2. Highlights of New Ideas in the West Java AMDAL Procedure.

IDEAS DESCRIPTION EXPECTED IMPACT

1 Formalizing the initiation of the AMDAL process and involve the permitting-agency

A proponent will have to submit a registration letter (Letter of Intent) to indicate that they are ready to commence AMDAL process for a proposed activity. The Letter of Intent will accompanied by a cover letter from the

The permitting-agency acknowledges that the proponent must undergo the AMDAL process prior to application of permit

scopingPLANS ofproposed activity

residual significantimpacts

managed significantimpacts

ANDAL

predicted significantimpacts

managed significantimpacts

consequenceof activity

preparation ofDKL


2 - 6 Results

in initiation.

permitting-agency.

Based on the Letter of Intent, the Environmental Agency will conduct the screening process to decide which AMDAL procedure to be followed by a proposed activity.

from the permitting-agency. It is expected that the permitting-agency, therefore, will not issue a permit without an endorsed DKL.

Remove duality and eliminate confusion currently existing.

2 Integrate the UKL-UPL with the AMDAL process.

Projects currently required to prepare UKL-UPL are now expected to prepare an Environmental Clearance Document (DKL), albeit directly (without implementing studies or preparing Scoping Document), and without involving review by the AMDAL Commission. The current UKL-UPL type of activities will take the Green path (see Figure 2.5).

The same format of final documents, i.e. DKL. It will be used by decision-makers and oversight agencies.

The in-depth assessment can be done more thoroughly.

Better allocation of resources, including expertise and financial resources.

3 Limitation of the in-depth assessment (ANDAL phase) only for residual significant impacts

At present, the in-depth assessment phase of AMDAL (known as ANDAL) covers all potential significant impacts, whether or not the impacts and mitigation plans have already been incorporated in the project plans. The West Java AMDAL procedure limits the ANDAL coverage to only the residual significant impacts, or significant impacts whose characteristics are not yet known and whose mitigation has not been addressed. Therefore, the ANDAL document is very focused and issue-specific.

Reduce scope of ANDAL study, and possibly reduce amount of time required to conduct study.

Fewer projects have to conduct the full AMDAL process.

Proponents who have conducted environmental-ly-sound planning (from Feasibility Study or Masterplan phase) are rewarded by having a shorter AMDAL process.

4 Introduce a ‘fast-track’ option for projects with environmentally-sound planning.

Scoping review may conclude that certain projects do not need to prepare an ANDAL study. Such projects must meet certain criteria, namely: • have evidence, presented in the Scoping

Document, that environmentally sound planning process which has considered and anticipated potential environmental significant impacts, and

• have no residual significant impact that requires further analysis.

Proponents are encouraged to plan their proposed projects with environmen-tal considerations from the very beginning.

Less number of members of the AMDAL Review Commission.

Less time for the AMDAL Secretariat to summarize and process comments.

Quality of comments will be better and more directly related to the assessment.

5 AMDAL review by a Commission consisting of an expert panel.

AMDAL documents and process are reviewed by an AMDAL Review Commission whose membership is limited to appointed individuals with strong background in environmental assessment. The Commision ocassionally may include experts on fields relevant to the proposed project. Relevant agencies and representatives of Affected Communities are organized under a Consultative Forum, which the AMDAL Review Commission consults prior to decision-making.

Clearer definition of roles for parties involved.

2 - 7

Better decisions from the AMDAL review process.

Significant reduction of AMDAL process time.

6 Reduction of maximum AMDAL reviewing time to 21 (twenty-one) days.

Currently the maximum AMDAL documents reviewing time is 75 (seventy-five) days. Assuming the document has met the administrative and formatting requirements, the Environmental Agency and the AMDAL Review Commision will complete their tasks in 21 (twenty-one) days.

More time certainty for the proponent.

7 Introduce DKL as the final output of the AMDAL process.

DKL (Environmental Clearance Document) is a summary document that contains highlights of the Scoping and ANDAL documents, and recommendation of the AMDAL Review Commission. This document is not a scientific document.

The final product of the AMDAL process is easily digestible to the permitting-agency and the public

8 Endorsement of AMDAL results by the Head of Environment Agency.

The DKL does not require approval by the Head of the Region (governor, head of regency, or mayor). DKL endorsement is in the form of a recommendation to decision-makers processing the proponent’s permit application.

No additional time is required for final sign-off by the Head of the Region

FIGURE 2.5. Diagram of the West Java AMDAL Procedure. The procedure consists of 2 (two) paths, Green and Yellow. The Green path allows proponent to directly develop the Environmental Clearance Document (DKL) while the Yellow path requires proponent to conduct the scoping, and where residual significant impact is found, conduct the ANDAL (in-depth assessment). The procedure provides Fast Track option if the proposed activity plans possesses no residual significant impact and the planning process is considered environmentally-sound.

SCREENING

SCOPING

SCOPING DOCUMENT

SCOPING

SCOPING DOCUMENT

Agreement on the Scope

SCOPING REVIEW

Agreement on the Scope

SCOPING REVIEW

ANDAL DocumentANDAL Document

ANDAL REVIEW

ANDAL Approval

ANDAL REVIEW

ANDAL Approval

ENVIRONMENTAL CLEARANCE DOCUMENT

preparation ofENVIRONMENTAL CLEARANCE DOCUMENT

GREEN

PATH

conduct ofANALISA DAMPAK LINGKUNGAN

conduct ofANALISA DAMPAK LINGKUNGAN

endorsement ofENVIRONMENTAL CLEARANCE DOCUMENT

FAST-TRACK

Approval for Planningto Proceed

YELLOW

PATH


2 - 8 Results

In essence, the West Java AMDAL procedure puts in better

perspective what can be achieved by the AMDAL, eliminates

redundant information gathering and analysis, rewards

responsible proponents and penalizes irresponsible proponents,

provides a more useful product for government to make

decisions and monitor environmental management.

Support Tool

West Java stakeholders also felt the need to develop and

maintain an AMDAL Information System. Such computer-

based database system would consists of information on:

• Proposed projects undergoing the AMDAL process and

their status.

• Record of endorsed DKLs.

• Environmental baseline data obtained from ANDAL

studies.

• Proposed project environmental information, including a)

classification of activity, b) impacted area, c) type and

magnitude of potential environmental impacts, d)

mitigation measures, and e) monitoring requirements.

• Technical guidance for implementation of AMDAL

process, such as guidelines on impact prediction

methodologies.

In addition to its function to assist monitoring and supervision

by the government, the Information System will help future

proponents in the conducting AMDAL process for their

proposed projects. To maintain consistency, coding system

will be created and applied for each type of activity,

environmental impact, and mitigation measure. National-

based coordinate system will be used to record project location

and its impacted area.

It is expected that the the Environmental Impact Management

Agency of the West Java Province (Badan Pengendalian

Dampak Lingkungan Daerah Propinsi Jawa Barat or BPLHD

Jawa Barat) will require kabupaten/kota environmental agencies

to use the same information system. BPLHD Jawa Barat

periodically will collect and process information from all

kabupaten/kota agencies.

Post-AMDAL

As mentioned earlier, an Environmental Impact Management

System (SPDL or Sistem Manajemen Pengendalian Dampak

Lingkungan) will be proposed to replace the function of RKL-

RPL as an environmental management and monitoring tool

post-AMDAL approval. In its operational phase, each project

or activity (that requires AMDAL in its planning process)

2 - 9

must develop and implement such system.

The SPDL is similar to a simplified EMS and would serve as a

tool for the proponent’s activities, as well as a guide for

government’s monitoring. Reviewed on a regular basis, SPDL

is a dynamic system that follows the progression of the project

and allows continual improvement of the impact mitigations.

Report is submitted to the government only on issues related

to mandatory requirements, including those required and

described in the DKL.

It is expected that SPDL will be more operational for the

proponent than the RKL-RPL, more current and thus better

reflects real conditions of the project or activity, and more

useful as a reference for government inspections and oversight.

Elements of SPDL are shown in Figure 2.6. At minimal, the

environmental impact management programs stated in SPDL

must include all environmental impact mitigations as dictated

in the DKL. Compliance reporting procedure will guide

proponent in developing and submitting reports on the

practice and results of DKL-required environmental

requirements.

FIGURE 2.6. The Environmental Impact Control Management System (SPDL or Sistem Manajemen Pengendalian Dampak Lingkungan). Contents of SPDL are primarily based on requirements listed in the DKL and other environmental requirements. Results of site assessment will make SPDL is developed based on the actual conditions.

SPDL requires activities to posses a functional organization

that is responsible in the implementation of environmental

impact management programs, including all mitigation

measures. This requirement is in-line with the current program

developed by BPLHD Jawa Barat called the Environmental

1. Policy on environmental impact management.2. Environmental impact management programs.3. Organization for environmental impact management4. Procedure for program planning, reporting (incl. compliance

reporting), and documentation.5. Operational manuals for program implementation, program

monitoring, environmental audits, and performance evaluation6. Management evaluation mechanism.

Environmental Clearance Document

ENVIRONMENTAL IMPACT CONTROLMANAGEMENT SYSTEM (SPDL)

Site Assessment Other requirements


2 - 10 Results

Pollution Control Manager (EPCM) program. The EPCM

program requires potentially-polluting activities to develop

pollution control organization lead by a certified EPCM.

As a post-AMDAL environmental tool, SPDL will be managed

outside of the AMDAL unit in the Environmental Agency, say

the environmental impact control unit (Bagian Pengawasan

Dampak Lingkungan in BPLHD Jawa Barat). Sharing of

information and coordination among those offices is

instrumental during the initial SPDL creation.

More description on SPDL concept (in Bahasa Indonesia) is

provided in Attachment B. Further works are to be conducted

to develop details of the SPDL concept

THE PROCESS

The process of developing the West Java AMDAL Concept

was essentially an iterative process that entailed a number of

activities, namely:

• Discussion and consultation with West Java stakeholders,

to identify concerns, capture innovate ideas, and

reconfirmation of concepts,

• Review of international literature to research on different

EIA models that might fit the needs of West Java,

• Preparation of draft documents and presentation

materials, and revision of documents based on inputs

obtained from discussion with stakeholders and literature

search.

More specifically, the process involved a step-by-step

progression of development of ideas (see Figure 2.7). Upon

completion of a major step, a document was prepared to reflect

the most recent thinking, presented and discussed with the

West Java stakeholders. Results of the discussion then

informed revision of materials and formulation of further

concepts. Proposed concept then was tried in a simulation

process involving members of stakeholder group.

Phases Project activity in West Java area was initiated in December

2005 at which the Consultant introduced the project and its

workplan to the BPLHD Jawa Barat. Following that a series of

discussion and meetings have been conducted with BPLHD

Jawa Barat to adjust project approach, workplan, and schedule.

BPLHD Jawa Barat formed a Provincial Working Group

consisting of individuals representating various AMDAL

stakeholder groups. Following that the Consultant and

BPLHD Jawa Barat conducted the Kick-Off Workshop and

2 - 11

the Assessment of the Pilot Area’s Potential in West Java.

FIGURE 2.7. Progression of the development of ideas to formulate the West Java AMDAL concept. Started with indicating West Java AMDAL stakeholders who are interested in making changes, the process then involved a serries of discussion, workshops, and meetings before progress can be made and further step can be initiated.

The initial steps

involved identifi-

cation of problems

and formulation of

common basic

issues faced in the

West Java province,

based on inform-

ation gathered in a

survey of 9 (nine)

kabupaten/kota and

the province. This

led to the develop-

ment of a set of

criteria of a desired

AMDAL system

(see the text box).

Combined with identification of the potential (existing

strengths) in West Java, it was possible to define areas of

AMDAL improvement that was needed for West Java (see the

following text box). Results of this series of steps were

documented in a document entitled Working Paper on the

Development of the West Java AMDAL System: an Analysis

of the Needs for Improving the AMDAL System or Working

Paper 1. This paper (in Bahasa Indonesia) is provided in

Selected Criteria in the Development of West Java AMDAL System

1) ensuring AMDAL is used proportionally, effectively, consistently, and credibly, 2) facilitating a decision-making process that is more accurate, faster, more transparent, and more accountable, 3) has a procedure that allows AMDAL studies to be more focused, accurate, adaptive and efficient, 4) has a formal continuation with post-AMDAL environmental management tools, 5) involving institutions with capacity in accordance to their roles and responsibilities regarding AMDAL, 6) involving human resources who are competent, credible and responsible, 7) has a mechanism for sanctions and incentives that are able to promote better AMDAL implementation, 8) has a synchronisation mechanism between the province and Kabupaten/Kota level, without altering the prevailing division of authority with regard to AMDAL evaluation.

PROBLEM IDENTIFICATIONOF AMDAL

IMPLEMENTATION

CLASSIFICATIONOF BASIC ISSUES

IDENTIFICATION OFAREAS OF IMPROVEMENT

INDICATION OFSTAKEHOLDER

DETERMINATION OFPRIORITY IMPROVEMENT

AREA

PREPARATION OF OPTIONSFOR PRIORITY AREAS

SELECTION OFPREFERRED OPTIONS

FORMULATION OFELEMENTS OF THE WEST JAVA AMDAL

SYSTEM

DETAILING OFPREFERRED OPTIONS

CONCEPT OFWEST JAVA

AMDAL SYSTEM

PREPARATION OF THEAMDAL SYSTEM CRITERIA

WORKINGPAPER 2

WORKINGPAPER 1

descriptiontable


2 - 12 Results

Selected Areas of Improvement

1) redefining basic principles of the AMDAL system, 2) developing screening mechanism, 3) developing alternative AMDAL procedure, 4) developing alternative AMDAL evaluation process, 5) developing a concept for a environmental impact control management system, 6) developing a concept for incentive scheme, 7) developing a mechanism to synchronize administration of AMDAL, 8) developing an AMDAL information system, and 9) developing a legal framework for AMDAL administration for West Java.

Attachment C.

Based on Working Paper 1, West Java stakeholders agreed to

prioritize 6 (six) areas of improvement in developing the

AMDAL concept. The Consultant further developed options

for the basic elements of AMDAL: a) Basic Principles of West

Java AMDAL System, b) Policy on Environmental Clearance,

c) AMDAL procedure. The options were described in a

document entitled Working Paper on the Development of

the West Java AMDAL System: Framework for a West Java

AMDAL System (Kertas Kerja Pengembangan Sistem AMDAL

Jawa Barat: Kerangka Penyelenggaraan Sistem AMDAL Jawa

Barat) or Working Paper 2. This paper (in Bahasa Indonesia)

is provided in Attachment D.

The Working Paper 2 was used in consultations with West

Java stakeholders which led to a selection of preferred options.

The Consultants, then, further developed the options into

detailed concepts. The product is a document entitled

Concept of the West Java AMDAL System. This paper is

provided in Attachment A (in English). The paper was

discussed with key stakeholders in West Java and presented in

an annual meeting of West Java AMDAL Commission in

November 2005.

Involve-ment

The initial plans for the project anticipated the involvement of

two levels of stakeholders in West Java, namely: a) West Java

Working Group, a small group of AMDAL practitioners and

provincial BPLHD officials; b) West Java Stakeholder Forum,

which would be a wider audience consisting of key

Kabupaten/Kota representatives and AMDAL practitioners. In

the course of the project, minor adjustments were made to

this, particularly in light of the varying level of contribution to

the process. The stakeholders involved in the process is as

follows:

► Working Group

2 - 13

The West Java Working Group was a small group of AMDAL

practitioners and key AMDAL officials in BPLHD West Java.

This Working Group served as the core ‘think-tank’ and

counterpart for the Consultant team in developing the West

Java AMDAL Concept. The Consultant team held intense

discussions with the Working Group to formulate, review

ideas and options towards developing the West Java AMDAL

Concept. The Working Group was led by Mr. Wisandana

S.H., previously the Head of the AMDAL, Infrastructure and

Facilities Unit of the BPLHD West Java6. His leadership was

critical in the Working Group, where his theoretical

comprehension and hands-on experience in AMDAL, as well

as his knowledge of the legal, institutional and technical

aspects of AMDAL, were invaluable to the entire process.

► Stakeholder Forum

The Stakeholder Forum was larger audience consisting of

representatives of Kabupaten/Kota environment agencies and

AMDAL practitioners. The first Workshop engaged around

40 participants, and the second Stakeholder Forum involved

around 30 (thirty) participants. These larger groups proved to

be valuable in collecting concerns and problems faced.

However, when discussing possible solutions or new concepts,

the large groups were not as constructive. Few people were able

to contribute to thinking “outside-the-box” or imagining a

different arrangement than the current one. Therefore, it was

decided that meetings to explore innovations and intensely

discuss options would be conducted in smaller meetings in

Focus Group Discussions or inviting additional individuals to

the Working Group meetings.

► Focus Group

This group was an ad-hoc group of individuals invited to a

small group discussion on certain aspects of the West Java

concept being developed. Individuals were selected based on

their level of contribution in previous discussions. Among

them were key AMDAL officials from the Kabupaten

Bandung, Kota Bandung, Kota Bogor, Kota Bekasi and

Sukabumi, as well as an AMDAL practitioner from a private

company and from Padjadjaran University.

6 Although Mr. Wisandana was moved to another agency in the Provincial Government structure, during the course of the Regional Pilot Project, he was able to continue his involvement in the Working Group. The assignment for the Working Group identified him as an individual (not ex officio the position of the head of the AMDAL, Infrastructure and Facilities Unit).


2 - 14 Results

Simulation The initial plans for the project anticipated the involvement of

simulation was conducted as the final phase of the pilot work.

Its aim was to a) assess the appropriateness and practicality of

the draft West Java AMDAL concept, and b) obtain inputs

towards refining the draft concept. The simulation used several

approaches:

• Use of case-studies; where the West Java AMDAL concept

is applied to 2 (two) case-studies that have either

completed its own AMDAL process, namely7: 1) a final

disposal site in a city in the northern part of West Java

Province, and 2) a commercial complex in a main city in

West Java. By using completed cases, the simulation does

not have legal or bureaucratic consequences on the actual

project.

• Involvement of selected parties; only Technical Team

members and AMDAL consultants who have been

exposed to the West Java AMDAL concept through their

participation in discussions.

• Partial process; the West Java AMDAL system is not

simulated in its entirety or sequentially. Rather, the

simulation applies selected elements of the AMDAL

system, in order to ensure completion in the available

project timeframe.

Simulation plans is presented (in Bahasa Indonesia) fullly in

Attachment E.

The simulation tested the following elements of the AMDAL

system:

1. Simulation of preparation of a Scoping Document; where

an AMDAL consultant utilized available information from

the final disposal site case-study to prepare a Scoping

Document.

2. Simulation of ANDAL Study; where an AMDAL

consultant utilized data available from the commercial

complex case-study to reevaluate residual significant

impacts and prepare an ANDAL Document.

3. Simulation of preparation of an Environmental

Clearance Document (DKL); where an AMDAL

consultant utilized data available from the commercial

complex case-study to prepare a DKL.

4. Simulation of AMDAL Review process; where selected

7 Project names are kept anonymous to avoid confusion regarding the legal status and technical standing of the projects.

2 - 15

members of the West Java Province Technical Team

review the Scoping, ANDAL, and DKL documents

prepared under the simulation.

The simulation results generally demonstrated that:

1. West Java AMDAL procedure is applicable. However, it

does need a number of prerequisites like a really

competent Review Committee, good AMDAL

consultants, more trust on proponent, solid pre-AMDAL

information.

2. Several AMDAL-required proposed activities can easily

benefit from the Fast Track option. Activities in public

works, mining sectors, and oil-and-gas where

3. In an issue-specific AMDAL procedure, scoping process

will rquire more resources than the in-depth assessment

(ANDAL) process.

A more complete simulation result will be provided in a

separate document.

PILOT AREA 2: EAST KALIMANTAN Selected to represent a ‘less-strong province’ of Indonesia8, East

Kalimantan has developed a concept that focuses only on the

post-AMDAL approval element of monitoring RKL/RPL

implementation. Although the assessment of AMDAL

implementation identified many issues related to various

elements of AMDAL, the key stakeholders involved in the East

Kalimantan exercise felt that monitoring of RKL/RPL

implementation as an immediate issue and one that can be

tackled directly by the province.

Other suggested improvements are regarded as items that

require efforts beyond the capacity of the provincial

government, and requires significant amount of effort,

expertise and time to prepare.

This section presents an overview of the highlights of the East

Kalimantan pilot results, followed by a description of the

process occurred in East Kalimantan for the Provincial Pilot

8 The AMDAL capacity and sectoral variations is overall relatively high (compared to other provinces outside of Java). However, AMDAL capacity and experience across the districts/cities in the Province may be more varied (than in West Java). This variety may reflect more realistically the broad spectrum of capabilities across Indonesia. The City of Balikpapan is recognized to have higher capacity and human resources. Stakeholder cooperation is particularly strong here, as the local government, NGOs and private companies have implemented several joint programs successfully, such as protection of the watershed and Balikpapan Bay, and development of deep groundwater well for city water. Environmental information and data may be relatively good in East Kalimantan.


2 - 16 Results

Project.

THE CONCEPT

The Province of East Kalimantan stakeholders decided that

monitoring of RKL/RPL implementation would be the focus

of their efforts for revitalization of AMDAL. The reasoning is

that in order to ensure that RKL and RPLs are properly

implemented, authorized government agencies should conduct

monitoring that is well planned, coordinated, systematic and

sustainable. Currently, there are insufficient guidelines for

monitoring of RKL/RPL implementation, especially with

regard to mechanisms for cooperation/ coordination among

different agencies in the regions, and the roles and

responsibilities of each agency. Different agencies conduct

their own monitoring and inspection visits, making it time-

consuming for Companies under inspection.

With regional autonomy, clarity is needed even more, since

some oversight functions previously held by the central

government have been devolved to the local agencies (Dinas).

To avoid overlap and ensure adequate monitoring and

oversight, better definition of the inter-agency coordination

and roles is necessary.

The East Kalimantan’s Concept on Monitoring of

AMDAL/RKL-RPL Implementation is presented (in Bahasa

Indonesia) fullly in Attachment F. Main points of the concept

is presented in the discussion below.

Issues The context for monitoring of RKL/RPL implementation falls

within the context of authority for environmental

management. Based on Act No. 32, 2004 on Regional

Autonomy, environmental management responsibilities are

divided (or shared) among the three levels of government:

• Kabupaten/Kota: has authority over environmental

management in its region;

• Province: has authority over environmental management

that is cross-regional (covering more than 1

Kabupaten/Kota), and on issues where Kabupaten/Kota do

not have capacity to manage, as well as responsible for

environmental mitigation;

• National Government: functions as overseer and provides

guidance for implementation of environmental

management in the regions.

Therefore, the same division of authority would apply also for

monitoring of RKL/RPL implementation.

2 - 17

East Kalimantan is an area where the issue of authority

becomes magnified due to the size and nature of certain types

of projects. In this province, there are large-scale investments

with a mixture of approval requirements, such as:

• Projects whose permitting (and AMDAL) are the

authority of the National Government (eg oil/gas);


authority of the Provincial Government (eg forestry or

mining that cover more than 1 Kabupaten/Kota);


authority of the Kabupaten/Kota Government (eg general

mining).

Without directly addressing the complex issue of authority

under regional autonomy, East Kalimantan attempts to tackle

the more immediate question of coordination among agencies

in the region.

Roles The East Kalimantan AMDAL concept suggests that the “lead

agent” for environmental management in the region should be

the environment agency. The concept favors the form of

‘board’ (badan, or BAPEDALDA, as opposed to Dinas) for the

environment agency, stating that it has certain advantages,

namely:

• Has a coordination role among local government agencies;

• Has a multi-sectoral scope of work regarding

environmental management;

• Has a neutral position, ie has no sectoral agenda.

Environmental agencies at the Province and Kabupaten/Kota

levels are ultimately responsible for environmental

performance of the region, but share responsibilities with other

agencies.

Within the context of monitoring RKL/RPL implementation,

the East Kalimantan AMDAL concept acknowledges 3 (three)

key players, namely:

• The Sectoral Agency, as issuer of permits, and thus has

responsibility over the operations of companies in its

sector.

• The Environment Agency, as the main institution with

authority over environmental management. Since the

Environment Agency is also responsible for developing the

capacity and providing guidance to Sectoral and related

Agencies, it is ultimately accountable for environmental

management in the region.


2 - 18 Results

• The Owner/operator of the Activity (Company), as the

main actor who has responsibility to implement the

RKL/RPL.

Divisions There are 3 (three) key areas in RKL/RPL implementation

monitoring that require clarity of tasks division (among the 3

player) and mechanism, i.e.

1. Monitoring and oversight of RKL/RPL implementation.

2. Feedback mechanism to follow-up on RKL/RPL

monitoring.

3. Capacity building related to monitoring RKL/RPL

implementation.

► Monitoring and Oversight

In the area of monitoring and oversight of RKL/RPL

implementation, the division of tasks among the players are

described in Table 2.3.

The Environment Agency responsible for overseeing

RKL/RPL implementation is at the same level as the Sectoral

TABLE 2.3. Division of Tasks in the Monitoring and Oversight of RKL-RPL Implementation.

COMPANY SECTORAL AGENCY ENVIRONMENTAL

AGENCY

Prepare self-monitoring report Maintain a database on activities subject to AMDAL within its sector

Oversee environmental monitoring conducted by Sectoral Agencies

Monitor the implementation of RKL/RPL under the guidance and coordination of the Environment Agency

Review Sectoral Agencies’ reporting of RKL/RPL implementation in its sector

Interpret RKL/RPL and prepare details regarding monitoring obligations of government agencies, and report this to the Environment Agency

Develop and maintain an environmental database that includes data on RKL/RPL implementation as reported by the Sectoral Agencies

Analyze self-monitoring reports submitted by the owner/operator of activity

Report results of above analysis to the Environment Agency (and other relevant parties)

Submit self-monitoring report to Sectoral Agency, with copies to relevant Environment Agencies

Compile inspection reports from related agencies with monitoring assignments in RKL/RPL

Conduct ambient environmental monitoring of surrounding area

2 - 19

Agency that issued the permit. Therefore, when an Activity is

permitted at National Level agency, then the Ministry of

Environment is responsible for overseeing that the Sectoral

Agency is monitoring RKL/RPL implementation. When an

Activity is permitted at the Provincial Level agency (see Figure

2.8), then the Provincial Environment Agency bears this

responsibility. The Sectoral Agency receives Self-Monitoring

Reports from the Company, reviews it and submits its

summary and evaluation to the Environment Agency. Copies

are submitted to Environment Agencies at the lower and

higher levels of Government.

FIGURE 2.8. Monitoring and Oversight of RKL-RPL Implementation. The diagram illustrates condition where the permitting authority is at the provincial level. Upon receiving RKL-RPL monitoring report from the provincial sectoral agency, the provincial environmental agency should provide copies of the report to the kabupaten/kota environmental agency (in where the activity is located) and, if necessary, to the Ministry of Environment.

► Feedback Mechanism

In the area of feedback mechanism of RKL/RPL

implementation, the division of tasks among the players are

described in Table 2.4.

TABLE 2.4. Division of Tasks in the Feedback Mechanism of RKL-RPL Implementation Monitoring.

COMPANY SECTORAL AGENCY ENVIRONMENTAL AGENCY

Recommend to the Environment Agency and other agencies on actions to be taken as a result of reviewing the self-monitoring reports

Lead field inspection (active monitoring) which involves multiple agencies, including the Sectoral Agency

Provide guidance to improve environmental performance to companies

Adjusting its RKL-RPL implementation based on the feedback.

Execute administrative sanctions in case of negative findings from the RKL/RPL monitoring process.

Lead process of determining follow-up from monitoring of RKL/RPL implementation, whether to be conducted by the Sectoral Agency or by the Environment Agency itself (environmental investigators)

Kabupaten/KotaENVIRONMENT

AGENCY

ProvincialSECTORAL AGENCY

COMPANY

ProvincialENVIRONMENT

AGENCY

report co

pies

report

Ministry ofENVIRONMENT

monitor & inspection

Oversee environmental monitoring by Sectoral Agency

copi

es


2 - 20 Results

The responsible Environment Agency, upon reviewing the

Sectoral Agency’s report, will provide feedback regarding the

performance of the Company’s RKL/RPL implementation.

The Environment Agency will consult or request verification

from the Environment Agencies in the field or at higher levels

of Government (see Figure 2.9). The Environment Agency

will also lead any discussion on sanctions should there be

negative findings on the Company’s performance.

Administrative sanctions are subsequently executed by the

Sectoral Agency which issued the permit. If the Environment

Agency decides to conduct field inspections, it will coordinate

a joint-inspection visit with other relevant agencies.

FIGURE 2.9. Feedback Mechanism of RKL-RPL Implementation Monitoring. The diagram illustrates condition where the permitting authority is at the provincial level. The provincial environmental agency will provide feedback to the sectoral agency that will inform the company on such feedback.

► Capacity Building

In the area of capacity building related to monitoring

RKL/RPL implementation, the division of tasks among the

players are described in Table 2.5.

TABLE 2.5. Division of Tasks in the Capacity Building of RKL/RPL Implementation Monitoring.

COMPANY SECTORAL AGENCY ENVIRONMENTAL AGENCY

Prepare procedures, coordination mechanism and regulations on monitoring of RKL/RPL implementation

Coordinate and provide guidance to Sectoral and related Agencies regarding monitoring and evaluation of RKL/RPL implementation

Provide guidance to Environmental Agencies in lower level of government regarding monitoring and evaluation of RKL/RPL implementation

Use the guidance on improving environmental performance.

Provide guidance to company on improving environmental performance.

Prepare annual plan and budget for coordinated environmental monitoring for approval by local government


COMPANY


AGENCY

Kabupaten/kotaENVIRONMENT

AGENCY

feedback

administrative sanctions

Lead decision on sanctionin case of negative findings

2 - 21

In developing capacity and providing guidance, the East

Kalimantan concept places ultimate responsibility on the

Ministry of Environment to develop guidelines for

environmental monitoring and develop capacity of the

Provincial environment agencies, which in turn has the

responsibility to develop capacity of Kabupaten/Kota

environment agencies (see Figure 2.10).

Each Environment Agency has the responsibility of developing

coordination mechanism among different agencies involved in

environmental monitoring, and to provide detailed guidelines

to conduct monitoring of RKL/RPL implementation. The

Environment Agency is also responsible for preparing an

annual plan and budget for a coordinated environmental

monitoring effort. This would require that each related agency

estimates the budget requirement for their respective agencies,

and shares it with the Environment Agency.

FIGURE 2.10. Capacity Building Related to RKL-RPL Implementation Monitoring.

THE PROCESS

The process of developing the East Kalimantan AMDAL

Concept was essentially an iterative process that entailed a

numb The process of developing the East Kalimantan

AMDAL Concept was essentially an iterative process that

entailed a number of activities, namely:

Provide guidance onenvironmental monitoring



AGENCY


MINISTRY OFENVIRONMENT

Kabupaten/kotaENVIRONMENT

AGENCY

Kabupaten/ KotaSECTORAL AGENCY

Develop guidelines forenvironmental monitoring

Develop capacity in Provincial environment

agencies

Develop capacity in Kabupaten/Kota environment

agencies

Develop coordination mechanismfor environmental monitoring

among Prov agencies


among Kab/Kota agencies

Prepare annual plan & budget for coordinated

environmental monitoring

Prepare annual plan & budget for coordinated

environmental monitoring

NationalSECTORAL

DEPARTMENT



among Prov agencies


2 - 22 Results

• Discussion/ consultation with East Kalimantan

stakeholders, to identify concerns, capture innovate ideas,

and reconfirmation of concepts,

• Review of literature, especially Government regulations on

environmental management in the regions,

• Preparation of draft documents and presentation

materials, and revision of documents based on inputs

obtained from discussion with stakeholders.

More specifically, the process involved a step-by-step

progression of development of ideas (see Figure 2.11). Upon

completion of a major step, a document was prepared to reflect

the most recent thinking, presented and discussed with the

East Kalimantan stakeholders. Results of the discussion then

informed revision of materials and formulation of further

concepts.

Phases Activities in East Kalimantan were commenced in March 2005

following World Bank confirmation and final commitment

from the provincial East Kalimantan government, i.e. the

Environmental Impact Management Agency of the East

Kalimantan Province (Badan Pengelolaan Dampak Lingkungan

Daerah Propinsi Kalimantan Timur or BAPEDALDA

Kalimantan Timur). The first meeting was held on March 29,

2005 in Samarinda to introduce the Pilot Project and obtain

commitment from the key kabupaten/kota’s a number of

private companies, and several provincial technical

departments (Dinas) to participate in the exercise.

FIGURE 2.11. Progression of the Development of Ideas to Formulate the East Kalimantan Concept for Monitoring of RKL-RPL Implementation.

Upon determining the kabupaten/kota that would be involved

in the pilot, a survey was conducted on AMDAL

PROBLEM IDENTIFICATIONOF AMDAL

IMPLEMENTATION

CLASSIFICATIONOF BASIC ISSUES

INDICATION OFSTAKEHOLDER

SELECTION OFPRIORITY IMPROVEMENT

AREA

DEVELOPMENT OF CONCEPTFOR IMPROVING MONITORING

RKL-RPL IMPLEMENTATION

CONCEPT ONMONITORING

IMPLEMENTATIONOF RKL-RPL

WORKINGPAPER 1

descriptiontable

IDENTIFICATION OFAREAS OF IMPROVEMENT

REVIEW OF LEGAL BASISOF MONITORING RKL-RPL

IMPLEMENTATIONregulatory matrixof authority

2 - 23

7 Basic Issues of AMDAL Implementation in East Kalimantan

1) local governments prioritize revenue generation and neglects environmental concerns, 2) the existing permitting system does not acknowledge the role of environmental ass essment, 3) division of authority not yet final, and vertical and horizontal relationships among levels of government unclear, 4) weak implementation of AMDAL review system, 5) lack of human resources in environment agency and related sectoral agencies, 6) post-AMDAL monitoring not effective, and 7) absence of incentives and disincentives, combined with weak law enforcement.

implementation in the 3 Kabupaten/Kota (Kutai Kartanegara,

Kutai Timur and Kota Balikpapan) as well as in the Province

of East Kalimantan. This survey helped identify problems of

AMDAL implementation, which was then categorized into 7

(seven) Basic Issues (see the text box). More information are

described in a document entitled Working Paper on the

Development of the East Kalimantan AMDAL System:

Analysis of Problem on the Implementation of AMDAL in

East Kalimantan (Kertas Kerja Pengembangan Sistem AMDAL

Kalimantan Timur: Kajian Permasalahan dalam Penerapan

AMDAL di Kalimantan Timur). This paper (in Bahasa

Indonesia) is provided in Attachment G.

The Basic Issues led to formulation of possible suggestions to

improve AMDAL implementation in East Kalimantan. The 10

(ten) items were classified into 3 (three), with the majority of

suggestions falling in the category of Pre-AMDAL and General

Policies (see Table 2.6 below)

TABLE 2.6. Suggestions for AMDAL improvement in East Kalimantan.

CATEGORIES SUGGESTIONS

Higher support on environment from Head of Region

Regional spatial plans to serve as early screening

A permitting system that places importance on environmental assessment

Fair and effective division of authority

Better system to develop human resource capacity

Improve public awareness and participation

Pre-AMDAL and General Policies

Incentive & disincentives and stronger law enforcement

Implementation of AMDAL Process

More efficient and effective system to evaluate AMDAL documents

More effective system to monitor environmental management post-AMDAL approval

Post-AMDAL Approval

Integrated AMDAL information system


2 - 24 Results

From the 10 items of suggestions, the East Kalimantan

selected 1 (one) area of improvement to focus on in this

exercise. The selected area of improvement is the monitoring

of RKL/RPL implementation in post-AMDAL approval stage.

A Working Paper 1 was prepared to summarize the results of

this key initial process, entitled Working Paper for East

Kalimantan AMDAL Revitalization Study: Monitoring of

RKL/RPL Implementation (Kertas Kerja Monitoring

Implementasi AMDAL). This paper (in Bahasa Indonesia) is

provided in Attachment H.

This Working Paper further led to a focusing of efforts on this

topic. Subsequently, a review of relevant Government

regulations was conducted, including the Environment Act,

Government Regulation on AMDAL, and Ministerial Decrees

with relevant detailed guidelines, as well as the Regional

Autonomy Act. A matrix of authority for environmental

management/monitoring was developed.

The East Kalimantan concept was subsequently formulated,

discussed and refined a concept of coordination mechanism

among different agencies involved in the task of monitoring

RKL/RPL implementation by companies. This concept is

documented in a paper entitled AMDAL Concept on

Monitoring of AMDAL/RKL-RPL Implementation (Konsep

Monitoring Implementasi AMDAL/RKL-RPL). This paper (in

Bahasa Indonesia) is provided in Attachment F. The concept

included development of a Field Inspection Matrix, intended

to be used by the relevant agencies to check implementation of

items in the RKL/RPL.

Involve-ment

Stakeholders involved in the process can be grouped into a)

East Kalimantan Working Group, a small group of AMDAL

practitioners and provincial BAPEDALDA Kalimantan

Timur, and b) East Kalimantan Stakeholder Forum, which

would be a wider audience consisting of key Kabupaten/Kota

representatives and AMDAL practitioners. Focussed Group

was formed from selected individuals of the 2 groups above.

The followings provide more informaion on each group and

its involvement.

► Working Group

The East Kalimantan Working Group is a small group of

AMDAL practitioners from government, academia, NGO and

2 - 25

corporation which acted as the core team to discuss

development of an East Kalimantan AMDAL concept. The

Working Group held numerous discussions internally and

with other stakeholders. Key players in this team are a

corporate representative (Mr. Alfonso Purba) and an NGO

representative (Mr. Ali Mustofa, who has been working with

the ProLH-GTZ project in East Kalimantan).

► Stakeholder Forum

Called, by the East Kalimantan stakeholders, the “AMDAL

Revitalization Team of East Kalimantan”, this group was

formed at the Pre-Kick-Off Workshop in March 2005. The

membership was formally established by BAPEDALDA East

Kalimantan, to include:

• Representatives of environmental agencies of Kabupaten

Kutai Kartanegara, Kabupaten Kutai Timur, and Kota

Balikpapan.

• Academicians/ AMDAL Consultant: Marlon Aipassa.

• Private Sector : Alfonso Purba (Sumalindo), Zaenal

Abidin A. (Indominco).

• Technical departments (Dinas) of Industry, Mining,

Forestry, and Public Works

• NGO : Ali Mustofa (Pro LH GTZ).

The Stakeholder Forum met as a whole two (2) times, and

different members were invited to Focus Group discussions

(see below) and the Simulation Workshop. As is the case in

West Java, this larger group was effective in collecting issues

and problems related to AMDAL implementation, but was less

effective to discuss solutions.

► Focus Group

Several groups were invited for a discussion on AMDAL in

East Kalimantan, namely a group of private sector companies,

and a group of NGOs active in the field of

environment/natural resources management. These groups

were given a chance to discuss issues related to AMDAL

without the presence of government officials.

Simulation The simulation exercise developed in East Kalimantan aimed

at testing the coordination mechanism concept in a case-study

(see Figure 2.12). The Working Group selected as the case-

study PT. Mahakam Sumber Jaya, a coal mine operating in

Kabupaten Kutai Kartanegara and Kota Samarinda. The

mining operation permit was issued by the provincial-level


2 - 26 Results

Mining Agency, and environmental oversight falls within the

jurisdiction of the provincial-level BAPEDALDA.

FIGURE 2.12. RKL-RPL Monitoring Coordination Scheme for Simulation Purpose. The diagram shows that all Dinas with RKL-RPL monitoring responsibilities and the Provincial Mining and Agency will participate in a Bapedalda-coordinated RKL-RPL Field Inspection to PT Mahakan Sumber Jaya (coalmining company). Each party will conduct its respective tasks during the inspection and later will develop its own field report. The reports will be submitted to the Provincial Bapedalda. Such joint field inspection will reduce the number of inspections that burdening the coalmining company.

The simulation itself was a simulation of a coordination

meeting among the relevant agencies. It consisted of:

• Presentation of the coordination mechanism developed;

• Presentation of the Field Inspection Matrix developed;

• Presentation by PT. Mahakam Sumber Jaya on their

experience with RKL/RPL implementation and reporting,

as well as monitoring visits by government agencies;

• Discussion and comments on the East Kalimantan

concept.

The Simulation Workshop participants agreed with the East

Kalimantan concept. The provincial-level Mining Agency

commented that the concept was consistent with the current

approach in the mining sector. Attachment I shows example

of RKL-RPL monitoring report produced in the simulation.

ProvincialMINING & ENERGY

AGENCY

PT. MahakamSumber Jaya

ProvincialBAPEDALDA REPORT

Land AdministrationAgency

DINAS Public Works

DINAS Kehutanan

Inspect landacquisition

Inspect roadconstructionin mine site

Inspectregreening

REPORT

Monitor ambient environment around mine area

RKL-RPLField Inspectioncoordinated by

ProvincialBAPEDALDA

3 - 1

3 DISCUSSION ANALYSIS

West Java Concept

The West Java concept offers quite a comprehensive set of

options for AMDAL improvement. The strength of the West

Java concept is in the following:

• The attempt to better define what can be reasonably

expected from AMDAL as an environmental management

tool in the planning process. This is significant because of

the current situation where there are overly-high

expectations that AMDAL is an all-encompassing,

multiple-use environmental tool that can be utilized from

the planning stage to the monitoring stage. Yet, precisely

because of the perception and effort to combine different

objectives in this one tool, AMDAL becomes effective in

none of the intended purposes.

• Integration of the UKL/UPL with the AMDAL system,

since the purpose of the two is similar and both are the

responsibility of the Environment Agencies.

• The introduction of the term “Residual Significant

Impact”, which psychologically leads actors to think in a

more focused way in the scoping process. It helps people

understand that an in-depth assessment will not be

necessary for significant impact which already have its

mitigation plan covered in the project plan or design. This

terminology is used in Malaysian EIA system at which

Detailed Assessment will be conducted only to the

significant residual environmental impact.

• The introduction of “Consequence of Activity”, which

acknowledges that Government must take on some

responsibility for impact mitigation, ie. that some impacts

lie outside of the boundaries of investor/ developer

responsibility.

• The Fast-Track option, which is expected to serve as an

incentive and drive proponents to better integrate

environmental considerations in their planning and design

process.

• Substitution of the current RKL/RPL with a post-AMDAL

approval environmental impact contol management system


3 - 2 Discussion

(SPDL or Sistem Manajemen Pengendalian Dampak

Lingkungan), which is expected to be more useful for both

the proponent and the Government.

However, the concept does have some shortcomings, namely:

• The overall concept is difficult to implement as it requires

a total revision of the AMDAL regulations. It basically

redefines on AMDAL objectives, puts limitations on its

coverage, modifies procedure (tatalaksana), and others.

• The concept does not address all problems faced by

AMDAL today. For example, the West Java concept does

not offer a position on sanctions for violators, and it also

does not offer a solution regarding AMDAL’s dependence

on good spatial plans that are well-enforced.

The West Java concept relies on a higher level of trust of the

Government towards the Proponent. It assumes that

Proponents would respond to an incentive of a shorter

AMDAL process, that they would be interested in conducting

a proper AMDAL process and in utilizing the results in their

further planning process. Identification of ‘consequence of

activities’ also requires honesty of the Proponent in

documenting its limitations in mitigating residual significant

impacts. It also requires openness and fairness of the

Government in accepting limitations of the Proponent and

assuming some responsibility in impact mitigation, if the

proposed activity is allowed to proceed. The West Java concept

also relies on officials in the Environment Agency that are

knowledgeable, sensible and committed to properly

administering the AMDAL process. Strong leadership in the

AMDAL unit thus becomes a necessity – one that fully

understands the true purpose and significance of AMDAL.

The West Java concept demonstrates that there are

opportunities to improve the AMDAL system and its

effectiveness. It also demonstrates that there is capacity in the

country to evaluate and take a fresh look at AMDAL, and

finally to formulate an alternative concept that is seen to be

potentially more effective.

West Java is likely to represent other regions in Java, where

there is: a) human resource capacity with significant exposure

and access to environmental knowledge, b) high degree of

development and AMDAL processed. Regions like DKI

Jakarta has formulated more detailed and site-specific

3 - 3

clarifications (as identified in the Best Practices Study), and

East Java is exploring options to reduce the time needed to

undergo an AMDAL process.

The current West Java AMDAL concept still needs a lot of

works to be completed. Some of them are West Java’s AMDAL

positive list of activities, decission-makin mechanism for

AMDAL Review Commission, software development for the

AMDAL information system, and SPDL.

East Kalimantan

Concept

The East Kalimantan concept is narrower in scope than the

West Java concept. However, it’s focus on post-AMDAL

approval sheds light on what is deemed most immediate and

tangible in, likely, most regions.

The East Kalimantan concept demonstrates that much more

clarity is needed on authority, roles and responsibilities with

regard to environmental monitoring and supervision, vertical

relations between environmental agencies in the province and

kabupaten/kota and the Ministry of Environment, as well as

horizontal relationships among sectoral agencies and

environmental agencies in each level of Government.

The concept developed by East Kalimantan has value for the

national-level AMDAL revitalization in the following:

• It is a reminder that whatever AMDAL system is in place,

monitoring and supervision of environmental mitigation

efforts must be detailed, sufficiently funded, and agreed

upon by local stakeholders.

• Emphasizes the role of the Environment Agency at each

level of Government to provide coordinate and provide

guidance to other (sectoral) agencies in the same level of

Government, as well as to the Environment Agency at the

lower level of Government.

A reminder that sectoral agencies also have a responsibility to

monitor and provide guidance to companies/activities in its

sector.

However, the weakness of the East Kalimantan concept is that:

• It requires an Environment Agency that has sufficient

clout against sectoral agencies – something that is usually

lacking in most regions in Indonesia. Clout is needed to

allow the Environment Agency to successfully coordinate

plans, budgets and execution of monitoring of RKL/RPL

implementation.


3 - 4 Discussion

• It requires that Sectoral Agencies respect the Environment

Agency’s coordinating or leadership role with respect to

environmental monitoring and supervision. Such a

situation needs to be created by the Head of the Region,

by giving a clear mandate to the Environment Agency.

It assumes that RKL/RPL’s, in its current form, can be directly

implemented by the Proponent and supervised by the

Government.

The Province of East Kalimantan likely represents the majority

of regions outside of Java, where there has not been a high

number of AMDALs processed over the years, and where

human resources with an understanding of environmental

management are limited. East Kalimantan feels the urgent need

for capacity-building, and seeks expert support from outside

the region. East Kalimantan does not confirmed the basic

premise that some regions feel ineffectiveness of the AMDAL

system is partly due to the national system itself. It is more

interested in striving to enhance its ability to implement

AMDAL properly.

The East Kalimantan concept is only the beginning of creating

a workable mechanism for monitoring of RKL/RPL

implementation. Other items that need to be developed:

• Guidelines and tools for field inspection, for review of

RKL/RPL implementation reports.

• Local government regulations that clearly define roles and

responsibilities and cooperation among government

agencies.

LESSON LEARNED Pilot project processes conducted and results generated in the

pilot areas were significantly different as well as with the

characteristics of the two provinces. However, similar lessons

can be learned from the process, i.e.

• Most parties involved still have high expectation on

AMDAL and the benefits it can deliver. AMDAL is seen as

the only dependable mechanism that can prevent

environmental damage caused by development activities.

Any effort to modify or change AMDAL system is

considered by some to as an action that will put more risk

to the environment.

3 - 5

• A national framework for AMDAL is still necessary.

Although the stakeholders involved in deliberations were

given a ‘clean slate’ for the exercise, it was evident that all

involved could not envision the absence of a national

system. Most felt that a national system was still needed to

lay out the general shape of the AMDAL.

• AMDAL performance is partly dependent on processes

outside the system, such as spatial planning, permitting,

Government decision-making on

development/investments, and so on. Although discussions

often referred to such outside processes, finding new ideas

had to be limited to what was within the AMDAL system

or framework. There is recognition, however, whatever

improvements are introduced to the AMDAL system,

AMDAL performance cannot be enhanced unless there are

improvements also in the outside processes which

influence AMDAL.

• AMDAL is very complex system, with each element having

layers of issues. Finding a solution for one element,

requires examining also its implications for the issues

related to it. For example, in deciding the need to have an

expert membership for the West Java AMDAL

Commission, many further issues needed to be examined,

such as the issue of qualifications of the experts, who chairs

the AMDAL Commission, decision-making in the

Commission, membership in the different stages of the

AMDAL process, or whether the Commission would have

its own letterhead (and thus a recognized ‘institution’).

Due to this complexity and limitations of the capacity and

time, the AMDAL concepts developed are not fully

comprehensive and complete.

• Most problems with AMDAL implementation comes from

malpractice or incompetency of parties involved, namely

the AMDAL Review Committee, consultants, and

proponents. However, it is quite obvious that some

problems occur due to overexpectation, overburdening,

and AMDAL incompatibility with other development

control mechanisms.

• Process to modify AMDAL system to match with regional

characteristics must also involve an assessment to identify

good features and potential of such region. Such

assessment must at least cover 1) regional development


3 - 6 Discussion

planning practices, 2) project permitting system; including

private and public projects, 3) institutional capacity;

including environmental institution, AMDAL review

committee, local consultant, training provider, local

NGOs, 4) local policy and regulation; including AMDAL

and other environmental management regulations,

permitting regulation, development policy 5)

environmental information and data 6) AMDAL

procedure and practices 7) environmental monitoring 8)

and type of frequent development activities.

• Detemining areas of improvement for AMDAL system

should only be determined after a series of steps shown in

Figure 3.1. Features resulted fro the Identification of Area

Potentials step is instrumental in laying foundation in the

preparation of AMDAL system criteria.

FIGURE 3.1. Steps to Determine Area of Improvement.

• Development of or modifying an AMDAL system may

benefit from experience and good-practice of EIA

implementation in other areas. As identified by World

Bank analytical studies, namely the Best Practices Study

and the Public Participation and Information Access

Study, there are a number of good examples exist in

Indonesia that have inspired the creation of AMDAL

system of West Java and East Kalimantan. The influence

of those 2 (two) studies is described in Attachment J.

• Stakeholders were enthusiastic to talk about problems of

AMDAL, and were able to discuss almost endlessly.

However, when discussions began to search for solutions

or possible options, it was difficult to maintain a positive

outlook. The topic either returned to existing problems or

problem identification of AMDAL implementation

in the area

classification of basic issues

identification of area potentials

preparation of criteria of the AMDAL system

determination of areas of improvement necessary for AMDAL system

3 - 7

potential problems with the new ideas. Furthermore, most

people do not have the confidence to propose a different

(more limiting) boundary of the purpose or function of

AMDAL. And thus discussions often become circular and

unresolved.

• The quality of discussions very much depends on the

knowledge and experience in AMDAL and general

environmental management among participants. Also

important is the quality of ‘leadership’ of the AMDAL

stakeholder. Where the leadership has significant

experience, knowledge, and willing to dedicate time to the

exercise, the quality of the output is greatly enhanced.

• Building consensus among stakeholders with different

backgrounds, interests and mindsets requires constantly

reminding participants on the function of AMDAL, the

purpose of the exercise, and the potential use of the results.

• Meetings with large audience (over 20 persons) were less

constructive in discussing new ideas. Smaller meetings,

sometimes with as little as 7 persons, proved to be more

productive. These smaller meetings allow an intensive

exchange on the concepts and finding solutions to

potential problems.


3 - 8 Discussion

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4 - 1

4 RECOMMENDATION PROVINCIAL VARIATIONS

The Provincial Pilot Project was designed with a basic premise

that an AMDAL system that requires uniform application

throughout the country in fact may be a deterrent to making it

an effective tool. The Provincial Pilot thus tried to examine,

through an exercise in 2 (two) areas, the value and feasibility of

allowing provincial-level variations to the national AMDAL

system.

The results of the Provincial Pilot lead to a recommendation

that the national AMDAL system should allow provinces to

have some variation to the system. The Provincial Pilots do not

advocate that provinces develop their own systems, divorced

from the national AMDAL system. But it does advocate that

limited freedom is given to provinces to determine elements of

the system that works best for their region.

Such limited freedom should be allowed with respect to the

following elements in the AMDAL system:

1. Screening tool or positive list – Provinces should be given

the opportunity to modify and propose their modification

of the national government’s positive list, based on the

local environmental characteristics or their knowledge of

impacts of certain types of activities.

2. Composition of the AMDAL Commission – Provinces

should be given the opportunity to determine the most

suitable composition of the AMDAL Commission,

depending on the capacity of human resources, and local

mechanisms for development decision-making.

3. Use of AMDAL product (post-approval) – Provinces

should be able to select whether they want to utilize the

RKL-RPL, as is, as an environmental

monitoring/supervision tool, or whether they want to

incorporate the contents of the RKL-RPL into a dynamic

system, such as the Environmental Impact Control

Management System (SPDL).

4. Signatory of the AMDAL approval – Provinces should be

able to decide who in the local government structure

should hold the authority to sign off on AMDAL approval,


4 - 2 Recommendation

whether it remains with the Head of the Region (as is the

case currently), or whether the authority should be given

to the Head of the Environment Agency.

5. Maximum processing time – Provinces should be given the

opportunity to determine the maximum length of time

required to review AMDAL. Some may choose to stay

with the processing time stipulated by the national

government, while other provinces may feel they are

capable and striving for a shorter processing time.

Allowing limited freedom to Provinces is deemed to be

justified for the following reasons:

• Each locality has its unique environmental conditions.

Such diversity across the nation makes it difficult for

any national level system to adequately address or

anticipate such local uniqueness.

• Over the years, regions have gained experience and

knowledge in development/investment projects in the

area, and in the environmental impacts caused by such

development. The experience and knowledge-base

should be recognized as assets that a region offers to

administering the AMDAL system.

• Different provinces have different levels of human and

institutional capacity. Assuming capacities are equal

(to the lowest denominator) prevents more capable

provinces from continuously improving their

standards and performance.

• Different provinces have different permitting

requirements and procedures. The AMDAL process

would have to be linked to this permitting system,

making it difficult for a national AMDAL system to be

rigid in this regard.

• Strategies for environmental management are more

advance in some provinces than they are in others.

Some provinces understand and use other

environmental tools, such as Strategic Environmental

Assessment, environmentally-based spatial planning.

In short, allowing some variation at the provincial level is seen

as a positive innovation to ensure the national AMDAL system

can function and contribute effectively at the local level.

Should the national AMDAL system allow provincial

4 - 3

variations, interested provinces must go through a set of

procedures:

• Conduct an assessment on the AMDAL elements in

question. The assessment should at least consist of an

analysis of the current practice and problems faced in the

Kabupaten/Kota and Province-level AMDALs.

• Formulate an alternative concept for the AMDAL

elements in questions, which includes justification of the

concept, an assessment of the feasibility of

implementation, required local regulations or guidelines.

• Document the process and results of consultations with

key stakeholders in the province regarding the alternative

concept.

• Invite authorized staff in the Ministry of Environment to

discuss the alternative concepts at various steps in the

formulation process, to ensure the proposal is within the

boundaries of allowed provincial variations.

• Officially submit the proposed alternative concept and

present the main proposal in a meeting with the Ministry

of Environment decision-makers.

• Obtain official approval from the Ministry of

Environment.

NATIONAL INNOVATIONS

Regardless of whether the upcoming revised national AMDAL

system will accommodate provincial variations, the Provincial

Pilot Project has produced some important messages for the

effort to revitalize the national AMDAL system.

The messages that should be considered in deliberations to

revise the AMDAL regulations are as follows:

1. There must be redefinition that is clearer, gives a sharper,

more refined definition of: a) the purpose, objective and

limitations of AMDAL as an environmental management

tool; b) roles and responsibility in post-AMDAL

environmental monitoring and supervision.

2. There are opportunities to make a more efficient AMDAL

process by: a) introducing a Fast-Track option, b)

delegation of authority for AMDAL approval from the

Head of the Region to the Head of the Environment



Agency, c) introduce the concept of ‘residual significant

impacts’ that need to be studied in the in-depth assessment

phase, d) introduce the concept of ‘consequence of

activity’, e) modify the composition of the AMDAL

Commission to include only experts.

3. There are opportunities to make AMDAL a more effective

environmental management tool by: a) formalizing the

AMDAL initiation, b) substituting the RKL-RPL with a

post-AMDAL environmental impact management system

(SPDL), and integrating the UKL-UPL with the AMDAL

with one final product, which is the Environmental

Clearance Document (DKL).

ROLES OF KLH In addition to the above issues, the role of KLH (especially the

AMDAL unit) needs to be reevaluated. Currently, the

AMDAL unit in KLH spends a significant amount of time and

energy in undertaking the responsibility of the National

AMDAL Commission (for proposed activities whose approval

authority is at the National level). AMDAL staff time is largely

taken up with review of AMDAL documents, attending

AMDAL Commission meetings – at any given time, a staff in

the AMDAL unit may have up to 10 AMDAL documents that

he/she must review. Other activities with lesser time-

commitments include presenting at seminars and workshops,

and socializing new regulations.

This study recommends that the AMDAL unit of KLH should

concentrate more of its time and energy on ensuring that the

national AMDAL regulations and guidelines are properly

understood, applicable, implementable, and implemented in

the Provinces and Kabupaten/Kota levels. This entails a shift in

the programmatic focus of the AMDAL unit – from

administering and reviewing AMDAL documents to one of

policy development and capacity building.

This study advocates that the AMDAL unit allocates more staff

time and energy to the following:

• Providing guidance and clarifying AMDAL regulations by

a) developing technical guidelines, b) frequently visiting

and working with local environmental agencies to ensure

correct comprehension and practice;

• Building capacity among stakeholders by a) setting

4 - 5

standard qualifications for AMDAL Commission members

and AMDAL consultants, b) facilitating and, possibly

funding, training courses for environment agency staff and

other stakeholders in the regions;

• Ensuring continuous improvement of methods,

approaches and tools related to AMDAL by a) keeping up-

to-date with latest development in the international arena,

b) reviewing and adopting/adapting methods, approaches,

tools appropriate for Indonesia;

• Oversight and feedback to the policy review process by a)

visiting and conducting dialog local environmental

agencies and other stakeholders, b) conducting dialog with

private investors, government developers, AMDAL

consultants and NGOs to identify weaknesses in the

system and opportunities for improvement.

The task of the National AMDAL Commission should not be

the responsibility of the AMDAL unit in KLH. Although the

Secretariat of the Commission may remain in the AMDAL

unit, the membership of the Commission should be taken out

of the unit and replaced by officials from other units in KLH

(as appropriate for the proposed project), from other

government agencies (sectoral departments, research agencies,

etc).

REMARKS The Provincial Pilot Project has produced ideas that have value

for the process of revisiting the current AMDAL regulations.

In view of regional autonomy in Indonesia, there is an

increasing need to ensure that national regulations recognize

local variations in environmental conditions and capacities.

However, for the AMDAL system, this study advocates that

the national AMDAL system allows for limited variation

among Provinces. Such variation must be formulated among

Provincial stakeholders based on assessment and consulted with

KLH and finally formally submitted as a proposal.

Whether or not the Ministry will opt for allowing limited

provincial variations, there are a number of ideas that can be

utilized as alternative concepts to be considered to revamp the

national AMDAL system. Significant among them are

reaffirmation of core definitions of AMDAL, ideas to improve

efficiency and effectiveness of AMDAL as an environmental



management tool. It is strongly recommended that KLH

considers these opportunities for improvement in revising the

AMDAL regulations.

The concepts developed and the recommendations from the

Provincial Pilot Project will be presented in a Final Seminar,

scheduled for the third week of January in Jakarta. The results

of the Final Seminar will be considered in preparing the Final

Report of the work. A draft Terms of Reference of the Final

Seminar is available in Attachment K.

QIPRA GALANG KUALITA Jalan Deplu Raya No. 10A Pondok Pinang – Jakarta Selatan 12330 Telp. (021) 734-2354; Fax. (021) 734-2175 [email protected]

Documents

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