The palm oil industry is one of the strategic industries in the agricultural sector (an agriculture-based industry) that is highly developed in tropical countries such as Indonesia, Malaysia and Thailand. The prospects for the development of the palm oil industry are currently very fast, due to the increase in the amount of palm oil production in line with the growing needs of the community. The licensing aspect is crucial to the success of the construction of the palm oil factory.
The existence of this palm oil processing plant has had both positive and negative impacts on the socio-economic life of the community.
Problem Formulation
The function of environmental impact analysis (Amdal) as an instrument for the prevention of environmental pollution and destruction.
Research’s Objectives and Benefits .1 Research’s Objectives
Research Benefits
Practically, this research is expected to contribute legal opinions on legal developments that enhance the scientific understanding of environmental impact analysis.
LITERATURE REVIEW
Company
- Definition of Company
- Types of Companies
Law Number 3 of 1982 on Compulsory Business Registration defines a company as “any form of business that operates any type of business that is permanent and continuous and established, operated and domiciled in the territory of the Indonesian state for the purpose of obtaining income.” and or profits". Law Number 8 of 1997 on Corporate Documents explains in Article 1, paragraph (1) that "a company is any form of business that permanently and continuously carries on activities by obtaining income and/or profits, whether or not organized by individuals or business entities in the form of a legal entity or non-legal entity, which is established and domiciled in the territory of the Republic of Indonesia". When both definitions mentioned in the two laws are compared, there are the following differences: activities means that it is a very general and broad definition, without any limitation in the economic field).
Although the wording of the company as referred to in Law Number 8 of 1997 is very general and broad, because the law relates to companies, it can be interpreted that the word “activities” is also interpreted/intended in the economic field. The legal form of a private limited company can be in the form of a sole proprietorship, a partnership that is not or is not a legal entity and a partnership that is a legal entity, while a state-owned company is incorporated. This form of A business is generally always associated as a form of business that pursues profit, so that its degree of success is also determined by the number of benefits obtained from the results of its business.
There is no official form of sole proprietorship, but in the Indonesian business community there has been a publicly accepted form of sole proprietorship, namely the Trading Company (PD) or Trading Business (UD) and also the Bus Company (PO). This form of company is not a legal entity and does not include partners or companies, but is included in the environment of commercial law. The purpose of regional companies is to participate in the realization of regional development in particular and national economic development in general within the framework of an economy directed to meet people's needs by giving priority to industrialization and peace and tranquility of work within the company, towards a just and prosperous society.
Environmental Impact Analysis (AMDAL)
- Definition of Environmental Impact Analysis (AMDAL)
- Elements of Environmental Impact Analysis (AMDAL)
Terms of Reference for Environmental Impact Analysis (KAAMDAL) is a document that contains the scope and depth of the AMDAL study. The scope of the AMDAL study includes the determination of the significant impacts that will be studied in greater depth in the AMDAL and the boundaries of the AMDAL study. Meanwhile, the depth of the study relates to determining the methodology that will be used to revise the AMDAL.
The determination of the scope and depth of this study is an agreement between the Activity Initiator and the AMDAL Assessment Commission through a process known as the scoping process. AMDAL is a document that contains a careful study of the significant impact of an activity plan. These efforts are formulated on the basis of the results of the basic direction of impact management arising from the Amdal study.
An executive summary is a document that briefly and clearly summarizes the results of the AMDAL study. For example, the boundaries of the project area are in the north (rice fields and mixed gardens), in the south (residential settlements and mixed gardens), in the west (residential settlements and mixed gardens) and in the east (populated settlements). and mixed gardens). The parties involved in issuing an AMDAL document are the government, the initiator and the concerned community.
In AMDAL research, the community is not the object of the research, but the subject that participates in the decision-making process on related matters. Affected communities: community that will feel the impact of the planned activity (beneficiary groups) and groups at risk.
Environment and Environmental Pollution
- Definition of Environmental Pollution
- Elements of Environmental Pollution
Soejono, defines environment as a physical or physical environment that includes and encompasses all physical elements and physical factors contained in nature. In this case, the environment is defined in such a way that it includes the living environment of people, animals, plants in it;. Otto Soemarwoto, the environment is the sum of all objects and conditions in the space we occupy that affect our lives;.
Munadjat Danusaputro, S.H., defines the environment as all objects and conditions, including people and their actions, which are contained in the space where people are and affect the life and well-being of people and other living bodies.15. Environmental legislation aims to prevent loss and deterioration of environmental quality. That environmental law is a term for environmental studies specializing in jurisprudence, with the purpose of the law being the level of public awareness and understanding of the aspect of protection as a necessity of life.16.
Munadjat Danusaputro, S.H. defines the environment as all the objects and conditions, including people and their actions, that are in the space where people are located and affect the life and well-being of people and other living bodies. 17. Synthetic materials, for example, often flow very slowly in the process of environmental degradation, so they are foreign and new materials where no organism can use them. The occurrence of direct or indirect changes in the physical and/or biological characteristics of the environment;
Thinking Framework
Starting from the electronics industry to the human food processing industry, such as the palm oil processing industry to goods needed in daily life. Palm oil processing is based on on-the-ground facts and causes several social problems, especially environmental problems, such as reduced water and air quality, pollution of the community's living environment due to the waste from palm oil mill processing and other social problems. The AMDAL document is a document containing information on the test results and safety of industrial activities for the environment.
As for the theory used in writing this dissertation, it is the theory of legal effectiveness, which is a theory that examines whether a law is effective or not. Effectiveness means the effectiveness of the effect of success or efficiency, whereby the discussion of the effectiveness of law cannot be separated from the analysis of the characteristics of two related variables, namely: the characteristics/dimensions of the target object used. When we talk about the extent to which the law is effective, it must first be able to measure the extent to which the rule of law is respected or
If a rule of law is obeyed by most of the targets that become the object of obedience, it will be said that the rule of law in question is effective. 25. Based on the theoretical basis used in this study, namely the theory of legal effectiveness, it can be known that the implementation of Act No 32 of 2009 regarding Environmental Protection and Management (UUPPLH) is not effective because there are still companies that do not the AMDAL. Therefore, it is important to conduct an in-depth study on the effectiveness of the implementation of Law Number 32 of 2009 on Environmental Protection and Management (UUPPLH).
Hypothesis
Implementation of Act no. 32 from 2009 on environmental protection and management of the company's obligations to have AMDAL on PT.
RESEARCH METHODS
- Type, Characteristic, Location and Time of Research .1 Types of Research
- Characteristic of Research
- Research Sites
- Research Time
- Data Collection Techniques
- Data Analysis
- Conclusion
- Suggestions
Secondary data are legal regulations, research results, works of legal experts and others in the 1945 Constitution of the Republic of Indonesia. The type of analysis used in this study is a qualitative analysis that describes the results of the study in sentences so that the problem can be solved. Sapta Sentosa Jaya Abadi, based on, among other things, the provisions of the legislation applicable in Indonesia, has submitted a request letter for direction of environmental documents, accompanied by a description of the activity plan, including the scope of the activity, to the head of the Bengkulu Province BPLHD.
In the management of the UKL and UPL, the Initiator submits a request for an assessment of the UKL-UPL draft document to the Bengkulu Provincial KPA Secretariat as well as environmental permits, the KPA Secretariat conducts administrative checks, the KPA Secretariat schedules and invites coordination meetings and implement them by making meeting minutes. If the draft of the UKL-UPL document is appropriate and submitted to the KPA Secretariat, the Secretariat will make a draft of the UKL-UPL recommendation letter which will be submitted to the Head of the Bengkulu Province BPLHD. The Head of Bengkulu Province BPLHD signs the UKLUPL recommendation letter for the said business/activity plan.
The recommendation letter of environmental feasibility/infeasibility from the PAK is one of the requirements for the submission of SKKLH and Environmental Permits. It is recommended to the Minister of the Environment to be more careful and conscientious in granting operating permits to companies that are vulnerable to the destruction and pollution of the environment by evaluating each stage passed in the issuance of Environmental Impact Analysis Documents (AMDAL), so that there is no more. companies that operate causing environmental impacts. Sapta Sentosa Jaya Abadi for continuing to conduct studies on the impact of environmental damage due to its business activities even though the company's UPL-UKL document exists, for the safety of the surrounding community.
