ASPEK HUKUM PELAKSANAAN PENGUMUMAN SEBAGAI UPAYA PELIBATAN MASYARAKAT DALAM PROSES AMDAL

Nababan, Nanda Triana (2021) ASPEK HUKUM PELAKSANAAN PENGUMUMAN SEBAGAI UPAYA PELIBATAN MASYARAKAT DALAM PROSES AMDAL. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

In preparing the Environmental Impact Statement (EIS or in Indonesian called AMDAL) document, the initiator must involve the community, as regulated in Article 26 paragraph (1) of the UUPPLH. The legal problem in this research is how is the regulation about the announcement implementation as an attempt to community involvement in the EIS process? This legal research is an normative legal research that focuses on legislations, and the data were collected through interviews and literature study. The conclusion of this research indicate that the regulation regarding community involvement in the EIS process is regulated in the UUPPLH and various derivative regulations under it, but after the enactment of the CIPTAKER Law, it causes a weakening of community involvement in the EIS process. Announcement as the initial stage for the public to know about a business plan and/or activity is indeed regulated in such a way in the CIPTAKER Law and Government Regulation Number 22 of 2021, but there are still incomplete arrangements in Article 30 PP 22 of 2021 does not stipulate the right of the community to file an objection, while the regulation regarding objections is still valid in Article 65 of the UUPPLH. As for other things that can potentially weaken community involvement, are changes in the definition of community after the amendment of Article 26 of the UUPPLH to only affected communities; the abolition of the EIS assessment commission; and the nomenclature of the permit changed to environmental approval. Therefore, it is suggested that the regulation regarding community involvement in the future should be shown more in the EIS process, not narrowed, reduced, or weakened, so that from the beginning to the end the community is given wider opportunities to get involved.

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