Did you know that in addition to NIB, business licenses, and IPR, business actors also need to take care of the legality of environmental documents so that their companies are allowed to carry out business activities? One of the environmental documents in question is in the form of SPPL, which stands for Statement of Ability to Manage and Monitor the Environment.
Definition of SPPL
SPPL contains a statement of the ability of the person in charge of the business and/or activity to carry out environmental management and monitoring of environmental impacts from their business and/or activities outside of businesses and/or activities that are required to carry out Amdal or UKL-UPL. The business and/or activity in question is any form of activity that can cause changes to the environmental hue and cause impacts on the environment. Although not all business categories are required to have SPPL, it is important for business actors to know whether the business to be run needs to have SPPL or not. This is because a business carried out without an SPPL will subject the business actor to administrative sanctions in the form of government coercion, which if not carried out will be subject to the imposition of fines. Business actors can also be subject to criminal sanctions with a maximum imprisonment of 1 year and a maximum fine of IDR 1 billion. Please note that the application of administrative sanctions does not exempt business actors from recovery and criminal liability. To find out what businesses require SPPL and how to obtain it, Kontrak Hukum will discuss it below. Let’s see until the bottom. Article 22 number 13 of the Job Creation Law states that every business and/or activity that is not required to be equipped with a UKL-UPL must make an SPPL which is integrated into the Business Identification Number. For the determination of the type of business and/or activity that must be SPPL, it is carried out for activities that are included in the low-risk category. The determination is made by the governor or regent/mayor in accordance with their authority through a decree of the governor or regent/mayor. Although in general the business fields / activities determined in each region are the same, the types of activities and the scale / size regulated can be different because it returns to the assessment of each regional head over their territory. In Jakarta, for example, the types of businesses and/or activities that must be equipped with SPPL are regulated in Governor Decree No. 2333 of 2002. In the decree, the types of business and/or business activities are divided into several fields, including.
- Transportation sector such as construction of transportation pools, workshops, motor vehicle testing and emission tests with a land area of more than 0.10 ha and less than 0.25 ha.
- Fields of regional infrastructure such as billboards / advertisements with an area of less than 120 m3.
- Tourism sectors such as restaurants that serve less than 100 tables, tourist attractions of less than 1 ha, karaoke, fishing ponds, and barbershops.
- Health sectors such as beauty salons, medical centers, laboratories and clinics.
- Energy and mineral resources sector such as generators for own use.
- Agricultural fields such as food crop cultivation with a scale of 1 to 2 ha, broiler cultivation with a production of less than 15,000 and a land area of less than 1 hectare.
- Fisheries such as pond fish farming with an area of less than 2 ha.
- The forestry sector is like the business activities of forest product commodities, both wood and non-wood, which have raw material requirements of < 300 m3 / month (wood) and < 300 tons / month (non-wood).
- Industry and trade such as the dairy ice cream industry, macaroni, noodles, spaghetti, bread, pastries, wet cakes, seasonings and the like.
To obtain an SPPL, business actors must first make an application to the PTSP in the city/regency where the business/activity is carried out. The business actor must also fill out a form and attach other documents, such as the identity of the applicant/person in charge, a power of attorney if the application is made through a power of attorney, proof of land ownership if privately owned, a lease agreement or statement letter if the land or building is leased from the owner of the land or building stating no objection to the land or building being used if the land or building is leased, and an MOU if there is cooperation by a second or third party. For applicants in the form of a business entity, the deed of establishment and its amendments, SK authorization of establishment and amendments, and NPWP must also be attached. In addition to PTSP, KH pals can also use legal services from Kontrak Hukum. KH pals do not need to worry about using services from Kontrak Hukum because in addition to being done by legal experts, Kontrak Hukum has been trusted in solving legal problems quickly, easily, and affordably. KH Friend’s data and information are also guaranteed to be safe and protected. Furthermore, KH pals can directly visit the SPPL Environmental Permit page.
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The forms and documents will then be examined. If there is a lack of data/information and additional/improvement is required, the applicant must complete it first. The relevant environmental agency will then conduct verification. Based on the results of verification, the environmental agency will provide proof of SPPL registration if the business and/or activity is a business and/or activity that is required to make SPPL or reject SPPL if the business and/or activity is a business and/or activity that is required to have Amdal or UKL-UPL.
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Well, that’s the explanation of SPPL and how to get it. For business actors who do not yet have an SPPL, immediately take care of your SPPL to avoid sanctions and losses that arise if your business legality is incomplete. If you have questions and want to consult about SPPL, business licenses, or other legal issues, do not hesitate and immediately contact Kontrak Hukum at the following link Ask KH, Kontrak Hukum is ready to help and provide the best solution.
