Name : Muhammad Fernanda Fernanda Khadafi

NIM : 017201800024

Subject : Enviromental Law

Mid Term Assignment

1. Climate change has not been prominently publish on the surface about
environmental or economic policy in developing countries. Yet evidence has
shown us that some of the most detrimental effects of climate change will be in
developing countries, where the population will most often occur and most likely
to easily adapt to climate change, and That climate change will affect the potential
for development in this country. Some synergies already exist between climate
change policy and sustainable development agenda in developing countries, such
as energy efficiency, renewable energy, transportation and sustainable land
utilization policy. Perhaps this climate change gets a less important response from
society, but this climate change can be a benefit to the local environment.
Nevertheless there may be significant Trade-offs associated with deeper levels of
mitigation in some countries, for example where developing countries depend on
genuine coal and can be asked to switch to more expensive fuels but more cheap
to limit emissions. Recognition of how climate change will likely affect other
development priorities may be the first step towards building a cost-effective and
integrated strategy, institutional capacity in developing countries to respond to
Climate change. Opportunities also exist in developing countries to use regional
economic organizations to assist in the design of integrated responses and to
exploit synergies between climate change and other policies such as those
designed to combat Desertification and preserving biodiversity.

2. The two main processes that should a company to gets a the license is
EIA/AMDAL and UKL/UPL, why PT. Cemen Merah Indonesia have to fulfill
AMDAL and UPL because we know that AMDAL itself is a study of significant
impact of undertakings and/or activities to the environment based in a plan that
needs a process of decision-making on how to carry out such undertakings and/or
activities, and UPL iself is Effort or program of environmental management and
environmental monitoring  UKL/UPL is the management and monitoring of the
 operations and/or the activities that do not have significant impact to the
environment and it also necessary for a process of decision making in regard of
such undertakings and/or activities. From this explaination PT. Cement Merah
Indonesia must have this two requirement above.

3. The Amdal practices have shown a significant gap between the regulation and its
implementation. Law number 32 year 2009 on Environmental Protection and
Management (UUPPLH) has arranged and provided a wide space for the
community to be able to participate in the protection and management of the
Environment (PPLH). The communities involved in the Amdal process include
affected communities and are within the boundaries of the Amdal study area
which includes communities that will benefit or positively impact the business
plan and/or activity; and communities that will suffer losses or have a negative
impact from a business plan and/or activity. In addition to involving affected
communities, it can also involve environmentalists who have attention to the
business plan and/or activities and the environmental impacts that will be caused.
The purpose of the community involvement as described above has not been
carried out effectively due to various challenges, one of which is limited resources
from the author and consultants. These limitations include funding and study time
which is usually difficult to negotiate because it relates to employment contracts
and licensing procedures. Community involvement is an expensive process
(although this depends heavily on contract size and type of activity and/or effort).
So many of the author and consultant modify the processes to fulfill the
administrative aspects alone.

4. Eco region approach is the main focus of Law No 32 year 2009. Contain legal
certainty in responding and anticipating global environmental development,
Strengthening environmental democracy through access of information, access of
participation, access to justice and people’s right in protection and management of
environment. Clear law enforcement in administrative, civil, and criminal law.
Empower the institution of protection and environmental management to be more
effective and more responsive, Empower the authority of State Official state
official investigator (Penyidik Pegawai Negeri Sipil/PPNS) and state official
 inspector of environment (Pegawai Pengawas Lingkungan Hidup/PPLH)
authorities, Broad authority is given to the government to conduct protection and
management of environment (including coordination with local government)

5. The Kyoto Protocol is a legal instrument designed to implement the climate

Change convention that aims to stabilize GHG concentrations in order to avoid
disrupting the Earth's climate system. Indonesia as one of the countries that
contributes to ratification of the Protocol of course has the consequences to
implement it in its national law. Developing countries are not obliged to lower
emissions but can do so voluntarily and are required to carry out a cleaner and
more climate-friendly sustainable development. Therefore, developed countries
are required to facilitate technology transfer and provide funds for climate-
friendly sustainable development programs.
Indonesia as one of the countries ratified the Kyoto Protocol to harmonize as a
form of the implementation of protocol content through LAW No. 32 year 2009
on protection and environmental management. Although it does not necessarily
adopt a whole provision set in the protocol, but has been clearly seen the
Government's efforts through policies relating to protection, environmental
preservation and sustainable development As the impact of global warming and
climate change.