Environmental Licensing After the Job Creation Act in the Perspective of a Decentralized Unitary State

Abstract

This research is motivated by the existence of one of the laws that are affected by Law Number 11 of 2020 concerning Job Creation, namely Law Number 32 of 2009 concerning Environmental Protection and Management, which is related to changes in the concept of environmental licensing, which creates differences There is a perception among the public that there are contradictory objectives in the two laws, that goals that are oriented towards attracting investment and employment have the potential to ignore sustainable environmental conservation. Changes in the concept of environmental licensing into environmental approvals in the work copyright law which then gives more authority to the Central Government regarding the formation of a Feasibility Test Team formed by the Feasibility Testing Agency of the Central Government, and the types of activities and businesses are also determined by the Central Government, so there are efforts to reduce the authority provincial and district/city areas, this is not in accordance with the implementation of decentralization on the principle of regional autonomy mandated by the constitution. This study aims to restore the function of environmental licensing as a controlling instrument in environmental activities/businesses that are attached to the central, provincial and district/city governments, using a qualitative normative juridical method with a library research approach.