PARTICIPATION AS PROTECTION: WHY PUBLIC CONSULTATION MATTERS FOR ENVIRONMENTAL IMPACT ASSESSMENT

1. Introduction

The government, through Law Number 32 of 2009 on Environmental Protection and Management (referred to as the UU PPLH), mandates that any Company intending to undertake a business and/or activity that have a significant environmental impact is required to obtain an Environmental Permit, which is issued based on the preparation and evaluation of an Environmental Impact Assessment (AMDAL).¹

According to Article 1 point 11 of the UU PPLH, AMDAL is defined as a study of the significant impacts on the environment resulting from a planned business and/or activity, which serves as a prerequisite for decision-making regarding the implementation of the business and/or activity, and is included in the Business Licensing or approval issued by the Central Government or Regional Government. Therefore, AMDAL represents a critical process for assessing the environmental implications of proposed business and/or activity and is a mandatory requirement for securing a Business License.

One of the key requirements and stages in the preparation of an Environmental Impact Assessment (AMDAL) is the involvement of public participation and consultation, particularly from communities directly affected by the proposed business and/or activities of the Company. UU PPLH provides a framework that enables communities to actively participate in environmental protection and management efforts, based on the principles set forth in Article 2 UU PPLH, namely the principles of participation and transparency.² This provision is further reinforced by Article 65 paragraph (3) of UU PPLH stipulates that every person has the right to submit suggestions and/or objections to proposed businesses and/or activities that are likely to have an impact on the environment.³ More specifically, Public Consultation is regulated under Article 28 paragraphs (1) and (2) of Government Regulation Number 22 of 2021 concerning the Implementation of Environmental Protection and Management (PP PPLH), which stipulates the following: ⁴

“(1) The party responsible for the Business and/or Activity, in preparing the Environmental Impact Assessment (AMDAL) as referred to in Article 21 paragraph (1), shall involve communities directly affected by the proposed undertaking.

(2) The involvement of communities directly affected, as referred to in paragraph (1), shall be carried out through:

1. the public announcement of the proposed business and/or activity; and
2. public consultation.”

Internationally, public participation in environmental decision-making has been recognized as one of the key principles of environmental governance as affirmed in the Rio Declaration 1992. Principle 10 of the Rio Declaration states that environmental issues are best handled with the participation of all concerned citizens, at the relevant level.⁵ As outlined above, it is evident that Public Consultation is both essential and mandated by international and national regulations. 

In regards to the implementation, Public Consultation may involve various forms, methods, and approaches, including seminars, focus group discussions, community meetings, public hearings, interactive dialogues, and/or other methods that enable two-way communication.⁶ Additionally, as part of the Public Consultation process, the Company is required to provide, at a minimum, information regarding the description of the proposed business and/or activity, potential impacts identified in the Company’s initial assessment—such as environmental degradation, traffic disruption, public health disturbances, employment opportunities, and business prospects—as well as the environmental components likely to be affected by the proposed business and/or activity.⁷ 

2. Benefits of Public Consultation 

The implementation of Public Consultation constitutes a crucial aspect in the preparation stage of the AMDAL, as active community involvement can provide a range of strategic benefits, including the following:⁸

• Serve as a meeting point between the needs and expectations of the community and the capabilities and resources available to the Organizer and/or the Company;
• Help to minimize potential conflicts by fostering mutual understanding and consensus between the community and the Organizer and/or the Company;
• It can function as an evaluative mechanism that complements the planning and implementation of the proposed business and/or activities, as well as assists in identifying potential challenges, impacts, and appropriate solutions related to the business implementation.

Furthermore, based on the Annex to the Regulation of the Minister of Environment and Forestry Number 17 of 2012 on Guidelines for Public Involvement in the Environmental Impact Analysis and Environmental Permitting Process (MEF No. 17 of 2012), community involvement in the AMDAL preparation process aims to:⁹

• The community receives information regarding planned business and/or activity that have significant environmental impacts;
• The community can provide suggestions, opinions, and/or feedback on the planned business and/or activities with significant environmental impacts;
• The community can participate in the decision-making process concerning recommendations on the feasibility or infeasibility of the planned business and/or activities that significantly affect the environment; and
• The community can submit suggestions, opinions, and/or feedback regarding the environmental permitting (approval) process.

3. What Happens if the Business and/or Actvity through Public Consultation Is Accepted or Rejected by the Affected Communities?

Based on the Annex of the MEF No. 17 of 2012, one of the objectives of involving affected communities in the AMDAL preparation process is to enable their participation in decision-making regarding the feasibility or infeasibility recommendations of the proposed business and/or activity that have significant environmental impacts. Therefore, the voices of affected communities play a strategic role in providing input and participating in the AMDAL process.

Accordingly, if the business and/or activity proposed by the Company through Public Consultation are positively received by the affected communities, the process of preparing the AMDAL may proceed to the next step of the process, which is completing the Terms of Reference Form. This stage is then followed by the preparation of the Andal document as well as the Environmental Management Plan (RKL) and Environmental Monitoring Plan (RPL) documents. Subsequently, these documents will be reviewed both administratively and substantively by the Environmental Feasibility Assessment Team. Based on the results of this evaluation, the Team will conduct the Environmental Feasibility Assessment to issue the Environmental Feasibility Recommendation, which serves as the basis for the issuance of the Environmental Feasibility Decision Letter by the Minister, Governor, or Regent/Mayor, according to their respective authorities.¹⁰

If, during the Public Consultation process, no suggestions, opinions, or feedback are received—or if the proposed activities are rejected by the affected communities—the Company may be required to conduct a renewed Public Consultation. This renewed consultation should ensure the full participation of the affected communities and incorporate an updated business plan that reflects both the community’s concerns and the Company’s objectives. Furthermore, during the substantive review of the Environmental Impact Assessment (ANDAL) and the Environmental Management and Monitoring Plans (RKL-RPL), the Environmental Feasibility Assessment Team may facilitate further engagement with the affected communities to conduct an additional Public Consultation session. Should the affected communities continue to reject the proposed business and/or activities, the Environmental Feasibility Assessment Team will return the ANDAL and RKL-RPL documents to the Company for revision. The Company will then be granted a maximum of thirty (30) working days to revise and resubmit the documents. Ideally, these revisions should align with both the input provided by the affected communities and the Company’s strategic goals, in order to develop more balanced and mutually beneficial solutions.¹¹ 

This underscores that Public Consultation, along with the suggestions, opinions, and feedback from affected communities, constitutes an essential element in the AMDAL preparation process. Without the participation of the affected communities, the Environmental Feasibility Assessment Team cannot provide a recommendation on Environmental Feasibility to the government.¹² Consequently, the government will be unable to issue the Environmental Feasibility Decision Letter.¹³ Thus, community involvement is an integral part of a transparent and accountable decision-making process in environmental protection.

4. Case Study

In some cases, the AMDAL process is influenced by corporate priorities or specific political interests, leading to a tendency to disregard public input. As a result, the preparation of AMDAL often becomes a mere formality.¹⁴ Furthermore, Companies often insist on commencing and conducting their business and/or activities even after submitting the AMDAL document without having conducted Public Consultation with the affected communities. As a result, various forms of community resistance may arise, including demonstrations, acts of violence, and legal actions in the courts. This can be observed in the following case:

Decision Number 6/G/LH/2023/PTUN.JPR

In the court decision, Hendrikus Woro (Claimant), acting on behalf of the Indigenous Awyu people, asserted that their customary land rights are at risk of being violated by PT Indo Asiana Lestari (Defendant II), due to the company’s proposed palm oil plantation project. He argued that the Defendant II prepared the AMDAL without conducting any public announcement or consultation with the Awyu community—who are directly affected by the proposed palm oil plantation project.

Despite this procedural issue, the Head of the Papua Province Investment and One-Stop Integrated Services Agency (Defendant I) issued Decree No. 82 of 2021, which became the subject of the lawsuit. Based on these facts, the Claimant filed an administrative lawsuit at the Jepara State Administrative Court. However, the court rejected the claim and ordered the Claimant to pay court costs. The panel of judges ruled that the decree was lawfully issued, as it was based on a recommendation from the Head of the Papua Provincial Forestry and Environment Office, who also chairs the AMDAL Evaluation Commission—the legally designated Environmental Feasibility Evaluation Team. 

On the other hand, based on the evidence presented by the Claimant, no Public Consultation was conducted by either Defendant II or the Environmental Feasibility Evaluation Team with the indigenous Awyu community within their customary territory, which is also part of the affected Community. This assertion—that the indigenous Awyu community is among the affected community and that no Public Consultation was held within their customary territory—was also acknowledged and affirmed by the Judges in their legal reasoning. Therefore, the Court’s decision contains several ambiguities and uncertainties in the panel’s considerations and judgment. 

Conclusion

Public consultation is a fundamental and legally mandated component in the drafting of an Environmental Impact Assessment (AMDAL), particularly for projects with the potential to significantly affect surrounding communities. This participatory process offers significant mutual benefits. For affected community, it provides access to clear and transparent information about proposed business activities and an opportunity to voice concerns, opinions, and suggestions. For companies, it serves as a mechanism to minimize potential conflict, improve project legitimacy, and align business plans with social and environmental considerations. When community reject a proposed plan, companies are expected to respond constructively by revising their proposals in line with both the community’s input and their own strategic objectives.

Conversely, the failure to conduct proper public consultation can lead to serious consequences. These may include community resistance in the form of protests, legal challenges, and even acts of violence—threatening not only the social license to operate but also the long-term sustainability of the project. Therefore, meaningful public consultation should not be viewed as a procedural formality but as an essential component of responsible and sustainable environmental governance.

References

Regulations:

Rio Declaration 1992

Government Regulation Number 22 of 2021 on the Implementation of Environmental Protection and Management

Law Number 32 of 2009 on the Environmental Protection and Management

Regulation of the State Minister of Environment Number 17 of 2012 on the Guidelines for Public Involvement in the Environmental Impact Analysis and Environmental Permitting Process

Journal:

Rahayu Subekti, Amalina Ghaisani Putri. (2022). Partisipasi Masyarakat Dalam Penyusunan AMDAL Di Kabupaten Sukoharjo. Jurnal Pendidikan Kewarganegaraan Undiksha: Vo. 10, No. 

Websites:

Kementerian PANRB. “Pentingnya Forum Konsultasi Publik dalam Wujudkan Human Centred Public”. https://www.menpan.go.id/site/berita-terkini/pentingnya-forum-konsultasi-publik-dalam-wujudkan-human-centred-public-service, accessed on 23 June 2025.Indonesia Environment & Energy Center. “Peran Masyarakat dalam AMDAL: Penerapan Regulasi dan Keberlanjutan Lingkungan”. https://environment-indonesia.com/peran-masyarakat-dalam-amdal-penerapan-regulasi-dan-keberlanjutan-lingkungan/, accessed on 23 June 2025.

1. Article 22 paragraph (1) of UU PPLH jo. Articler 3 point 4 of PP PPLH ↩︎
2. Rahayu Subekti, Amalina Ghaisani Putri. Partisipasi Masyarakat Dalam Penyusunan AMDAL Di Kabupaten Sukoharjo. Jurnal Pendidikan Kewarganegaraan Undiksha. Vol. 10 No. 1. Februari 2022. Hlm. 346 ↩︎
3. Article 65 paragraph (3) of UU PPLH ↩︎
4. Article 28 paragraphs (1) and (2) of PP PPLH ↩︎
5. Principle 10 of the Rio Declaration 1992 ↩︎
6. Article 33 paragraph (3) of PP PPLH ↩︎
7. Article 34 paragraph (1) of PP PPLH ↩︎
8. Kementerian PANRB. “Pentingnya Forum Konsultasi Publik dalam Wujudkan Human Centred Public”. https://www.menpan.go.id/site/berita-terkini/pentingnya-forum-konsultasi-publik-dalam-wujudkan-human-centred-public-service, accessed on 23 June 2025. ↩︎
9. Annex of the MEF No. 17 of 2012 ↩︎
10. Article 37 to Article 49 of PP PPLH ↩︎
11. Article 45 paragraph (4) and (7) of PP PPLH ↩︎
12. Article 47 paragraph (3) of PP PPLH ↩︎
13. Article 49 paragraph (1) of PP PPLH ↩︎
14. Indonesia Environment & Energy Center. “Peran Masyarakat dalam AMDAL: Penerapan Regulasi dan Keberlanjutan Lingkungan”. https://environment-indonesia.com/peran-masyarakat-dalam-amdal-penerapan-regulasi-dan-keberlanjutan-lingkungan/, accessed on 23 June 2025. ↩︎