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ENVIRONMENTAL IMPACT MANAGEMENT AGENCY
Presidential Decree Number 77 of 1994

THE PRESIDENT OF THE REPUBLIC OF INDONESIA

that due to the increase in development activities, and the increase in need and necessary efforts to control environmental impacts at Central or Regional levels, it is deemed necessary to improve the Decree of President Number 23 of 1990 regarding Environmental Impact Management Agency;

1. Article 4 paragraph (1) of 1945 Constitution;
2. Law Number 5 of 1974 regarding Principles of Regional Administration (State Gazette of 1974 Number 38, supplement to State Gazette Number 3037);
3. Law Number 4 of 1982 regarding Principles of Environmental Management ( State Gazette of 1982 Number 12, Supplement to State Gazette Number 3215);
4. Law Number 24 of 1992 regarding Spatial Arrangement (State Gazette of 1992 Number 115, Supplement to State Gazette Number 3501);
5. Government Regulation Number 20 of 1990 regarding Water Pollution Control (State Gazette of 1990 Number 24, Supplement to State Gazette Number 3409);
6. Government Regulation Number 51 of 1993 regarding Environmental Impacts Control (State Gazette of 1993 Number 84, Supplement to State Gazette Number 3538);
7. Government Regulation Number 19 of 1994 regarding Toxic and Hazardous Waste Management (State Gazette of 1994 Number 26, Supplement to State Gazette Number 3551);

HAS DECIDED TO STIPULATE:

Decree of the President of the Republic of Indonesia
Regarding Environmental Impact Management Agency

CHAPTER I
STATUS, TASKS AND FUNCTIONS

1.    Environmental Impact Management Agency, hereinafter referred to as BAPEDAL, is a Non Ministerial Government Agency subordinated and directly responsible to the President.

2.    BAPEDAL shall be chaired by a Chairman.

Article 2

The principal task of Bapedal is to assist the President in management of environmental impacts including prevention of and control over pollution and environmental damage, and rehabilitation of environment quality in accordance with the prevailing legislation.

Article 3

In order to implement the principal task as referred to in Article 2, BAPEDAL shall have the following functions:

1. stipulating technical policy on prevention of and control over pollution and environmental damage and rehabilitation of environment quality;
2. developing institutions and improving environmental impact management capacity;
3. controlling technical policy on prevention of and control over pollution and environmental damage, and rehabilitation of environment quality;
4. implementing the prevention of and control over pollution which may arise from any particular activity plan or implementation there of and rehabilitation of the relevant environment quality;
5. implementing technical guidance to prevention of and control over pollution and environmental damage, and rehabilitation of environment quality;
6. managing Analysis on Environmental Impacts (AMDAL) and developing technical ability to control environmental impacts;
7. Performing other tasks assigned by the President.

CHAPTER II
ORGANIZATION

Part One
Organizational Structure

BAPEDAL shall consist of:

1. Chairman;
2. Vice Chairman;
3. Secretariat;
4. Deputy for Institutional Sector and Capacity Improvement;
5. Deputy for Pollution Control;
6. Deputy for Analysis on Environmental Impact and Technical Development;
7. Center for Environmental Impacts Control Facility;
8. Center for Information Development and Environmental Management;
9. BAPEDAL Representatives in Regions;

Part Two
Chairman and Vice Chairman

The Chairman of BAPEDAL, hereinafter referred to as Chairman, shall have the following tasks:

1. chairing BAPEDAL in accordance with the principal tasks and functions of BAPEDAL and develop BAPEDAL personnel for efficiency and effectiveness;
2. building and entering cooperation and coordination in environmental impact management with government agencies and other domestic and foreign organizations, in accordance with the prevailing policy and legislation.

1.    In implementing his tasks, the Chairman shall be assisted by a Vice Chairman subordinated and directly responsible to the Chairman;

2.    The Vice Chairman of BAPEDAL hereinafter referred to as the Vice Chairman, shall have the following tasks:

1. representing the Chairman in implementing the principal tasks and functions of BAPEDAL in case the Chairman is indisposed;
2. assisting the Chairman in coordinating the activities of BAPEDAL;
3. assisting the Chairman in developing and controlling the management of office, personnel and financial administration of BAPEDAL;
4. executing other tasks assigned by the Chairman.

Part Three
Secretariat

1.    Secretariat is an assisting element to the Chairman in administration organization and management.

2.    The Secretariat shall be chaired by a Secretary subordinated and responsible to the Chairman.

Article 8

The Secretariat shall have the tasks to assist the Chairman in implementing administration development end service to support the implementation of principal tasks and functions of BAPEDAL.

Part Four
Deputy for Institution Building and Capacity Improvement

The Deputy for Institution Building and Capacity Improvement, hereinafter referred to as Deputy I, is an element executing a part of the tasks and functions of BAPEDAL and subordinated and responsible to the Head.

Article 10

The Deputy I shall organize the development of program, institution, and human reseources in the framework of environmental impact management.

Article 11

For the tasks as referred to in Article 10, the Deputy I shall have the following:

1. formulating technical policy on program, institutional, and human resources development in the framework of environmental impact management;
2. developing, analyzing and evaluating the programs of BAPEDAL;
3. developing the institution in the framework of environmental impact management;
4. developing human resources in the framework of environmental impact management;
5. executing other tasks assigned by the Chairman.

Deputy I shall consist of:

1. Directorate of Program Development;
2. Directorate of Institutional Development;
3. Directorate of Human Resources Development.

Part Five
Deputy for Pollution Control

The Deputy for Pollution Control, hereinafter referred to as Deputy II, is an element executing a part of tasks and functions of BAPEDAL and subordinated and responsible to the Chairman.

Article 14

The Deputy II shall assist the Chairman in organizing the pollution control that may occur from a certain plan or activity implementation and or rehabilitating the related environment quality, including controlling hazardous and toxic waste management and environmental damage in general.

Article 15

1.    In order to implement the tasks as referred to in Article 14, the Deputy II shall have the following functions:

1. formulating the technical policy on water, marine and air pollution control, waste management, including hazardous and toxic waste, and environmental damage control;
2. organizing the pollution control which may occur from a certain plan or activity implementation including hazardous and toxic waste control and management, marine pollution control, and rehabilitating the relevant environment quality;
3. coordinating the implementation of pollution control by Local Government (PEMDA);
4. coordinating the implementation of environmental damage control;
5. executing other tasks assigned by the Chairman.

Article 16

The Deputy II shall consist of:

1. Directorate for Water and Marine Pollution Control;
2. Directorate for Air Pollution Control;
3. Directorate for Hazardous and Toxic Waste Management;
4. Directorate for Environmental Damage Control.

Part Six
Deputy for Environmental Impact Analysis and Technical Development

The Deputy for Environmental Impact Analysis and Technical Development, hereinafter referred to as Deputy III, is an element executing a part of tasks and functions of BAPEDAL subordinated and responsible to the Chairman.

Article 18

The Deputy III shall organize the Environmental Impact Analysis development and control, environmental laboratory development and improvement, and technical ability development on environmental impacts control.

Article 19

In order to implement the tasks as referred to in Article 18, the Deputy III shall have the following functions:

1. formulating the technical policy on Enviromental Impact Analysis and technical improvement in environmental impacts;
2. developing, improving and controlling the Enviromental Impact Analysis process;
3. developing and improving the environmental laboratories;
4. examining and improving the technical ability on environmental impact control;
5. executing other tasks assigned by the Chairman.

The Deputy III shall consist of:

1. Directorate for Environmental Impact Analysis;
2. Directorate for Environmental Laboratory Development;
3. Directorate for Technical Development.

Part Seven
Environmental Management Centre

1.    The Environmental Management Centre, hereinafter referred to as PUSARPEDAL, is a supporting element to the implementation of the principal tasks of BAPEDAL.

2.    PUSARPEDAL shall be chaired by a Head of Center subordinated and responsible to the Chairman.

Article 22

The PUSARPEDAL shall render services in environmental management and reference laboratory.

Part Eight
Center for Information Development and Environmental Compliance

1.    The Center for Information Development and Environmental Compliance, hereinafter referred to as PPIPL, is a supporting element to the implementation of the Principal tasks of BAPEDAL.

2.    The PPIPL shall be chaired by a Head of Center subordinated and responsible to the Chairman.

Article 24

The PPIPL shall have task of performing information system development and environmental compliance.

Part Nine
Regional Representative of BAPEDAL

1.    The representative of BAPEDAL, hereinafter referred to as Regional BAPEDAL, is an element executing a part of tasks and functions of BAPEDAL in giving technical guidance and laboratory service support to Local Government (PEMDA) in the environmental impact control implementation in the respective regions.

2.    Three Regional BAPEDAL can be established for the entire territory of the Republic of Indonesia.

3.    The operation area of the Regional BAPEDAL shall be stipulated by the Chairman of BAPEDAL in considering environmental problems in the region after having a written approval from the Minister responsible for administrative reform.

4.    The Regional BAPEDAL shall be chaired by a Head of Regional BAPEDAL subordinated and responsible to the Chairman.

Part Ten
Structure of Directorate, Secretariat of Regional BAPEDAL

1.    The Directorate shall consist of not more than four Sub Directorates, and each of them shall have functional positions according to the need.

2.    The Secretariat shall consist of not more than five Departments, and each Departement shall consist of not more than three Sub Departments.

3.    The Center shall consist of not more than four Sections, and each section shall consist of not more than three Sub Sections.

4.    The Regional BAPEDAL shall consist of one Administration Department and not more than four Department and each Department shall consist of not more than three Sub Departements, whereas each Sub Department shall consist of not more than three sections.

CHAPTER III
LOCAL BAPEDAL (BAPEDALDA)

1.    A Local BAPEDAL can be established at Provincial and Municipal/District levels.

2.    The BAPEDAL at provincial level is regional officers who will assist the Governor in the development and coordination of the environmental impact control performed by the BAPEDAL at municipal level in the relevant province.

3.    The BAPEDAL at municipal level is regional officers who assist the Head of Municipality/Mayor in implementing the enviromental impact control in the relevant municipal area.

4.    The establishment of local BAPEDAL shall be performed by taking into account the guidelines stipulated by the Minister of Home Affairs after obtaining technical consideration from the Chairman of BAPEDAL and written approval from the Minister responsible for administrative reform.

CHAPTER IV PLAN OF WORK

In implementing their tasks all element within BAPEDAL shall apply the principles of coordination, integration and synchronization, within BAPEDAL and in respect of intergovernmental agency relations for movement unity in accordance with their tasks.

CHAPTER V
RANK, APPOINTMENT AND DISMISSAL

1.    Chairman and Vice Chairman shall be of Echelon Ia;

2.    Deputy shall be of Echelon Ib;

3.    Secretary, Head of Directorate, Head of Center, and Head of Regional BAPEDAL shall be of Echelon IIa;

4.    Head of Provincial BAPEDAL shall be of Echelon IIa, and Head of Municipality BAPEDAL shall be of Echelon IIIa.

Article 30

1.    The Chairman shall be appointed and dismissed by the President;

2.    The Vice Chairman and Deputy shall be appointed and dismissed by the President at the proposal of the Chairman;

3.    The Officials of Echelon IIa below shall be appointed and dimissed by the Minister of State Secretary at the proposal of the Chairman.

4.    The officials occupying the positions at Local BAPEDAL shall be appointed and dismissed in accordance with the prevailing legislation.

CHAPTER VI
FINANCE

1.    The finance required to implement the tasks and functions of BAPEDAL shall be charged to the National Budget of which the administration shall be Coordinated by the State Secretariat;

2.    The finance required to implement the tasks and functions of the Local BAPEDAL shall be charged to the relevant Provincial Budget.

CHAPTER VII
TRANSITIONAL PROVISION

All implementation regulations stipulated based on the Decree of President Number 23 of 1990 shall remain effective as long as they are not in contravention of or have not been changed based on a Decree.

CHAPTER VIII
OTHER PROVISION

Description on tasks, functions, organizational structure and work procedure of BAPEDAL shall be regulated by the Chairman after having a written approval from the Minister responsible for administrative reform and State Minister of State Secretary.

CHAPTER IX
CLOSING PROVISION

By the effectiveness hereof, the Decree of President Number 23 of 1990 regarding Environmental Impact Management Agency shall be declared null and void.

Article 35

This Decree of President shall be effective as of the date of stipulation.  

Stipulated in Jakarta on November 22, 1994

President of the Republic of Indonesia
(signed) Soeharto

For true copy

Secretariat of Cabinet of the Republic of Indonesia
Head of Bureau for Legal Affairs and Legislation Plt.
(signed and sealed) Lambock V. Nahattands, S.H.

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