AlAfghani, MM and Paramita D, Polychlorinated Biphenyls (PCBs) Phasing-Out Regulation in Indonesia, Final Report. All rights reserved.
Based on GR 74, PCBs is categorized as B3 that is forbidden to be used. GR 74 added that a B3 that is forbidden to be used means the type of B3 that is forbidden to be used, produced, distributed or imported105. The transition articleof the GR No. 74/2001states that at the time when the GR is enacted and the B3 that is forbidden to be used still exists in Indonesia, such B3 can be exported to the country that is in need of that B3, based on the existing export mechanism106. The GR does not provide sanctionsfor those who use and/orpossess such B3.
The Law on Environment (Law 32/2009) 107prohibits everyone to “insert” (memasukkan) B3 that is forbidden to be used based on the law and regulation, to the Indonesian territory. The elucidation of the articles states that B3 that is forbidden to be used among other are DDT, PCBs and Dieldrin. The Act No. 32/2009 imposes criminal sanctions of imprisonment (minimum 5 years and maximum 15 years), and fines of minimum Rp. 5,000,000,000 and maximum Rp. 15,000,000,000, for those who imports/inserts the B3 that is forbidden to be used. Nevertheless, similar to GR 74, the law does not have sanctions for those who use and/or possess such B3.
Furthermore, PCB is included in the Indonesian Negative List of Investment. Presidential Decree No. 39/2014regarding Business Fieldsthat are Closedand Opened to the Requirement of Investment lists the type of chemical industry that is potentially damaging to the environment (e.g the pesticide industry’s active substances, namely DDT, Aldrin, Endrin, Dieldrin, Chlordane, Heptachlor, Mirex, Toxaphene) as well as the industrial chemical industry’s substances, namely Polychlorinated biphenyl/PCB and Hexachlorobenzene, as the business fields that are closed for investment.
105 Article 1 number 10 GR No. 74/2001
106 Article 41 GR No. 74/2001
107 Article 69 (1) b Environmental Protection and Management Act