TINJAUAN YURIDIS INTEGRASI PERSETUJUAN AMDAL DALAM PERIZINAN BERUSAHA BERBASIS RISIKO

Abstract

The integration of Environmental Impact Assessment (EIA/AMDAL) approval into Indonesia’s risk-based business licensing system represents a fundamental regulatory transformation introduced by Law Number 11 of 2020 on Job Creation and its implementing regulations, including Government Regulation (PP) No. 22 of 2021 and PP No. 28 of 2025. This study aims to analyze the legal position, validity, and implications of the integration of AMDAL approval into the Risk-Based Approach (RBA) business licensing system from a juridical perspective. Using normative legal research supported by statutory and conceptual approaches, the study examines how environmental approval functions as a prerequisite for business permits and its alignment with environmental law principles such as the precautionary principle, public participation, and sustainable development. The findings indicate that while AMDAL approval remains mandatory for high-risk business activities, its integration into a single licensing mechanism through the Online Single Submission (OSS-RBA) system has created new challenges concerning procedural simplification, public participation, and institutional capacity. Although the integration promotes efficiency and legal certainty, it risks reducing the substantive quality of environmental assessments and weakening community involvement in decision-making processes. Therefore, strengthening the substantive and procedural aspects of environmental approval, enhancing institutional coordination between the central and regional governments, and fostering a participatory legal culture are essential to ensure that the integration does not diminish the environmental protection standards mandated by Law No. 32 of 2009. This study concludes that effective implementation of integrated environmental approval requires a balance between administrative efficiency, ecological integrity, and the public’s constitutional right to a healthy environment.