Should Companies Be Held Responsible for Air Pollution?

Many people have complained about the very poor air quality in Greater Jakarta (Jabodetabek). In response, the Ministry of Environment and Forestry (KLHK) halted the operations of four companies suspected of contributing significantly to air pollution in Jabodetabek. The Ministry of Health reported that cases of acute respiratory infection (ISPA) have increased in line with rising pollution levels.

Referring to Article 88 of Law Number 23 of 1997 jo. Law Number 32 of 2009 on Environmental Protection and Management (the “Environmental Law” or UU PPLH), it is expressly stated that a company must bear responsibility for environmental pollution that creates a serious threat and is caused by the company concerned.

Article 88 of the Environmental Law reads: “Every person whose actions, business, and/or activities use B3 (Hazardous and Toxic Materials, editor's note), produce and/or manage B3 waste, and/or pose a serious threat to the environment bears strict liability for the losses that occur, without the need to prove an element of fault.”

Based on the above, it can be concluded that if a company causes air pollution that poses a serious threat to the environment, that company must be held responsible.