The state is a legal entity that is responsible for the well-being of its citizens (Elviandri et al, 2019). Land is one of the natural resources that plays an important role in achieving prosperity (Nampewo et al., 2022). This is in accordance with Article 2, Paragraph (3) of Law.
Number 5 of 1960 concerning Basic Agrarian Regulations, which states that the state must use and cultivate land in Indonesia to create prosperity and welfare for the people (Gussen, 2021). Land is an important asset for the state in terms of people檚 welfare, but the land still needs to be processed effectively to create optimal prosperity for the community (Vries and Hugentobler, 2021).
This can be done simply by conducting procurement or construction to produce infrastructure that supports people檚 lives, such as road infrastructure, residential areas, public transportation and so on (Botzen et al., 2021). Southeast Asian countries appear to have recognized the importance of construction procurement in achieving people檚 welfare, as evidenced by the large number of construction procurements completed (Patnaik, 2018).
In Indonesia, during the seven years of Jokowi Dodo檚 reign, 1,900 km of toll roads were built, whereas only 780 km were built during the previous presidential administration檚 40 years (Kompas, 2022). Meanwhile, according to the Building and Construction Authority (BCA) data, Singapore has a construction demand of in 2023 alone (Building and Construction Authority, 2023).
To conduct a comprehensive study, the authors will compare the settings in developed and developing countries in Southeast Asia. As a result, the authors decided to conduct research on sustainable construction procurement arrangements in Indonesia, Thailand and Singapore. In Indonesia, the government does not have specific laws governing sustainable construction procurement, but there are arrangements related to sustainable procurement in the form of other laws and regulations at the autonome satzung and verordnung levels, so that even though there are arrangements for sustainable procurement, regulations in Indonesia are still very partial and not specifically related to sustainable construction procurement.
In the other hand, Singapore, a pioneer of developed countries in Southeast Asia, has a number of sustainable procurement laws, such as the Resource Sustainability Act 2019, the Hazardous Waste (Control of Export, Import and Transit) Act 1997 and so on. Meanwhile, Thailand has least regulations, namely, the Hazardous Substance Act B.E 2535 2017 of Thailand. To begin with, Indonesian law already has the right spirit toward long-term procurement.
This is particularly evident in Article 24 of Law Number 32 of 2009 concerning Environmental Protection and Management, as amended by Government Regulation in Lieu of Law Number 2 of 2022 Concerning Job Creation (淓nvironmental Law), which basically states the need for documents Analysis of Environmental Impacts (AMDAL) as the basis for environmental due diligence, and the results of the environmental due diligence are the basis for issuing business licenses.
In other words, AMDAL is a study of the significant JPPEL environmental impacts of a business and/or planned activities that is included in business permits or approvals from the Central Government or Regional Governments (see Article 1, Point 11 Environmental Law). Development and environmental sustainability must always go hand in hand (Brammer and Walker, 2011).
There is a significant legal gap in the area of sustainable procurement. As previous discussion, only Indonesia, Singapore and Thailand have general norms regarding sustainable construction procurement in the form of ministerial regulation. As a result, this chapter will reconstruct regulation as a guideline and solution to the gap in sustainable construction procurement regulation.
The principles are the first thing that must be included in a regulation governing sustainable procurement. Paton defines principles as a type of thought that is broadly expressed and underpins the existence of a legal norm. Similarly, Ron Jue defined principles as the values that underpin legal principles (Widijawan and Mahadianto, 2020). Legal rules or norms, as trees, have branches and fruits that are visible above ground, whereas principles have roots that are not visible because they are below ground.
Even though the root is not visible, it is an important part of the tree. The Sustainable Construction MR includes the following principles: reducing the use of resources, whether in the form of land, materials, water, natural resources or human resources; reducing waste generation, both physical and non-physical; use of reuse resources; use of recycled resources; environmental protection and management through conservation efforts; and mitigation of safety, health and climate change.
Penulis : Faizal Kurniawan
Informasi lebih lanjut dapat diakses di: , , and (2023), “Legal framework of sustainable construction procurement to prevent land degradation: comparison between Indonesia, Singapore and Thailand”, , Vol. ahead-of-print No. ahead-of-print.
