Indonesia's Environmental Law of 2009 and its Administrative Coercion Provisions: A Conceptual Misunderstanding with Large Practical Implications?

Abstract

When Indonesian environmental agencies are confronted with violations of the environmental law by industries, they frequently respond either by attempting to prosecute a violator criminally or by facilitating mediation between (alleged) violators and ‘victims’ of the environmental violation. Enforcement within the administrative law scheme is however rarely used, or at least not to the fullest of its possibilities. The paper concludes that this is partially due to the formulation of the provisions on administrative coercion in the Indonesian environmental law. In practice this leave quite some room for confusion regarding the authority and responsibility of the government to swiftly halt violations. Reevaluating the basic concepts that underpin government responses to environmental violations would be beneficial to become more effective in dealing with violations of the environmental law in Indonesia.