Evaluation of Indonesia’s Legal and Institutional Framework for Environmental Pollution Mitigation

Abstract

Environmental pollution is a major challenge to Indonesia’s environmental governance, despite its relatively comprehensive legal framework, due to pressures from urbanization, industrialization, mining, waste, air pollution, and deforestation. This study examines the effectiveness of Indonesia’s legal and institutional framework in addressing environmental pollution through comparison with the legal systems of Uganda and East Africa. The study employs a normative legal method with statutory and comparative approaches to Uganda, particularly the National Environment Management Authority (NEMA). This study demonstrates, first, Law No. 6 of 2023 potentially weakens environmental protection through the centralization of EIA, restrictions on public access, reduced recognition of local wisdom, and uncertainty regarding strict liability. Second, institutional changes under Law No. 6 of 2023 create ambiguity in the division of authority and coordination of environmental oversight between central and regional governments, potentially creating gaps in oversight and accountability. Third, based on comparison with Uganda, this study recommends strengthening risk-based EIA, access to information and public participation, pollution control, strict liability, and integrated environmental oversight and enforcement oriented towards environmental restoration. Thus, the study aims to strengthen Indonesia’s environmental governance towards ecologically just pollution control