ENVIRONMENTAL APPROVAL AS A BASIS FOR COMMUNITY PARTICIPATION IN ENVIRONMENTAL MANAGEMENT

Abstract

This research aims to theoretically explore the validity of environmental approval in cases where the Environmental Impact Assessment (AMDAL) document is not yet complete according to Law No. 6 of 2023 on Job Creation and to legally analyze the implications of environmental approval involving community participation.

This research uses the Rule of Law Theory by A.V. Dicey & Stahl, and the Good Governance Theory (State Administration) by George J. Gordon. The methods used are normative juridical and doctrinal juridical, which are prescriptive in nature, employing the Statute approach, Conceptual approach, and Case approach, specifically the Decision of the Panel of Judges of the Jakarta Administrative Court Number: 264/G/2024/PTUN.JKT.

Difference from previous research: (1) Johan formulated that the authority to carry out licensing in the region is only at the low and medium-low risk levels, which is the authority of the regent or mayor. Meanwhile, medium to high-risk sectors and strategic licensing sectors fall under the authority of the Governor or Minister, where Article 90 paragraph (1) of the Job Creation Law mandates the central and regional governments to facilitate, support, and stimulate partnerships between medium and large enterprises with cooperatives and micro-enterprises, and to provide ease of financing facilities and fiscal incentives.

The findings from this research indicate that the Environmental Impact Assessment (AMDAL) document does not meet formal or material requirements, therefore the environmental approval as an administrative requirement based on an agreement with the community should not be issued as it may violate the principles of legality and procedural law in administrative law. The Environmental Impact Assessment (AMDAL) is not only an administrative requirement but also a tool to prevent negative impacts on the environment.