| Full title | Peraturan Menteri Lingkungan Hidup dan Kehutanan Nomor 5 Tahun 2022 tentang Pengolahan Air Limbah bagi Usaha dan/atau Kegiatan Pertambangan dengan Menggunakan Metode Lahan Basah Buatan |
|---|---|
| Citation | Permen LHK 5/2022 |
| Jurisdiction | Indonesia |
| Enacted by | Minister of Environment and Forestry |
| Signed | 25 March 2022 |
| Promulgated | 5 April 2022 |
| Effective | 5 April 2022 |
| Implements | PP 22/2021, Pasal 162 huruf b |
Peraturan Menteri Lingkungan Hidup dan Kehutanan 5/2022 is a regulation of the Indonesian Minister of Environment and Forestry, Peraturan Menteri Lingkungan Hidup dan Kehutanan Nomor 5 Tahun 2022 tentang Pengolahan Air Limbah bagi Usaha dan/atau Kegiatan Pertambangan dengan Menggunakan Metode Lahan Basah Buatan, which sets a technology standard allowing mining operations to treat their wastewater in constructed wetlands (lahan basah buatan). It was signed on 25 March 2022 and took effect on its promulgation on 5 April 2022.[1] It belongs both to wastewater regulation in Indonesia and to the environmental rules described at mining and energy regulation in Indonesia.
The regulation restates the duty of mining operators to treat wastewater before discharging it and makes the wetland method an option, not an obligation, for coal, lignite, iron and other metal ore mining. It sets requirements for the location, facilities and monitoring of a wetland system, provides for the monitoring of both the discharge and the receiving water, and attaches its own effluent limits for wastewater treated in this way.[2][3][4] An operator using the method must say so when applying for the technical approval for its wastewater discharge.[5] The regulation carries no sanctions of its own; a breach of effluent standards is fined under the administrative sanctions of PP 22/2021.[6][7]
The regulation was issued to implement Pasal 162 huruf b of Peraturan Pemerintah 22/2021 on the implementation of environmental protection and management. Its preamble reasons that every activity producing wastewater must treat it before releasing it to the environment, and that mining wastewater can be treated to a technology standard using constructed wetlands so as to lower its pollutant load.[8] A constructed wetland is defined as an ecosystem designed to purify polluted water by optimising physical and biochemical processes involving plants, microbes and waterlogged soil.[9] CRPG's regulatory tracker published an analysis of the regulation on 26 November 2025.[10]
Pasal 2 obliges the person responsible for a mining business to treat wastewater before discharging it to water, and permits the wetland technology standard for five business classifications (KBLI): coal mining, lignite mining, iron sand and iron ore mining, mining of other non-ferrous metal ores excluding precious metals, and precious metal ore mining. The wastewater covered includes that of the main process (runoff, water from mining pits, and wastewater from processing and refining) and of supporting processes (domestic wastewater in the mining area, and wastewater from workshops and laboratories).[2:1] Lampiran I limits the technical standard to surface-flow wetlands (free water systems) and excludes subsurface-flow systems.[11]
A wetland must lie within the mining area, be accessible to operational vehicles, and preferably be placed on a planned disposal site. It may not be in an area of high conservation value, must be at least 200 metres from settlements and tourist areas and 100 metres from wells and water bodies, must stand on flat ground with a slope of no more than 5 per cent and on sufficiently compact soil, must lie outside flood plains and above the receiving water body, and must not threaten rare wildlife or occupy an archaeological site; where several sites qualify, they are weighted.[3:1]
The main facilities are a pretreatment unit, comprising an equalisation pond and a settling pond, and the wetland treatment unit, comprising ponds for treating acidity and metals, ponds for organic parameters, and an indicator pond used to measure compliance; embankments, inspection roads and a sludge store support them.[3:2] Lampiran I calls for pretreatment where the flow is large or fluctuates strongly and suspended solids exceed 400 mg/L.[11:1] Monitoring equipment must include flow control at the inlet, an accessible compliance point with a flow meter at the outlet of the wetland unit, sampling points at inlet and outlet, an automatic continuous online monitoring device, and information boards at each unit. The operator must maintain both the facilities and the monitoring equipment.[3:3]
Treated wastewater may be discharged to rivers, lakes, swamps and other surface water bodies.[4:1] Compliance with the effluent limits is monitored, at the compliance point and the inlet, automatically and continuously under the rules on the continuous online monitoring system, or manually, with pH and flow checked daily and the other parameters at least monthly. The receiving water is sampled manually upstream, at and downstream of the outfall and at any points set in the environmental approval, at least every three months. Manual sampling must be done by certified samplers and laboratories registered with the minister, and metal concentrations in the wetland's plants and sediment are also monitored.[4:2]
Results, with coordinates and photographs, are evaluated against the limits in the environmental approval and the ambient water quality standards, and the evaluation is reported electronically to the minister, governor or regent or mayor, according to which of them issued the environmental approval.[4:3] Lampiran II sets separate limits for mining and for processing or washing for coal and lignite, iron sand and iron ore, tin, copper, nickel, bauxite and gold ores, each including pH, suspended solids, the relevant metals, and biochemical and chemical oxygen demand.[12]
The automatic monitoring element refers to the continuous online monitoring system established by Permen LHK 93/2018, under which coal, gold and copper, and nickel mining are among the obliged sectors.[4:4][13] The nickel ore table in Lampiran II carries the same metal limits for lead, nickel, hexavalent and total chromium, cadmium and cobalt as the older sector standard Permen LH 9/2006, and adds oxygen-demand parameters.[12:1][14] Use of the method is tied to environmental permitting through the technical approval (persetujuan teknis) for wastewater discharge and the evaluation against the environmental approval (persetujuan lingkungan).[5:1][4:5]
The regulation contains no sanctions of its own.[6:1] Enforcement rests on the administrative sanctions of PP 22/2021, under which a person responsible for an activity that exceeds the wastewater quality standard set in its business licence is liable to an administrative fine; the fine is non-tax state revenue paid into the state treasury, and it is imposed together with government coercion (paksaan pemerintah).[7:1] The tracker's post on the regulation was corrected on 2 October 2026 to state this national fine regime.[10:1]
K228 · Work URI /akn/id/act/permen-lhk/2022/5 · RegVault PERMENLHK_5_2022[P] Peraturan Menteri Lingkungan Hidup dan Kehutanan Nomor 5 Tahun 2022, closing formula
(Ditetapkan di Jakarta pada tanggal 25 Maret 2022; Diundangkan di Jakarta pada tanggal 5
April 2022), Berita Negara 2022 No. 374, and Pasal 20 (in force on promulgation).
regulation_id PERMENLHK_5_2022.
https://peraturan.bpk.go.id/Details/210853/permen-lhk-no-5-tahun-2022 ↩︎
[P] Permen LHK 5/2022, Pasal 2 ayat (1)-(6). regulation_id PERMENLHK_5_2022. ↩︎ ↩︎
[P] Permen LHK 5/2022, Pasal 3, Pasal 4 ayat (1)-(3), Pasal 5 ayat (1)-(4), Pasal 7 and
Pasal 8. regulation_id PERMENLHK_5_2022. ↩︎ ↩︎ ↩︎ ↩︎
[P] Permen LHK 5/2022, Pasal 10 to Pasal 18. regulation_id PERMENLHK_5_2022. ↩︎ ↩︎ ↩︎ ↩︎ ↩︎ ↩︎
[P] Permen LHK 5/2022, Pasal 19 ayat (1)-(2). regulation_id PERMENLHK_5_2022. ↩︎ ↩︎
[P] Permen LHK 5/2022, Pasal 1 to Pasal 20 and Lampiran I-II; the held text
contains no provision on sanctions (sanksi). regulation_id PERMENLHK_5_2022. ↩︎ ↩︎
[P] Peraturan Pemerintah Nomor 22 Tahun 2021 tentang Penyelenggaraan Perlindungan dan
Pengelolaan Lingkungan Hidup, Pasal 514 ayat (1) huruf c (fine under Pasal 508 ayat (1) huruf c
for exceeding the Baku Mutu Air Limbah in accordance with the business licence), ayat (2)
(non-tax state revenue) and ayat (3) (diterapkan bersamaan dengan paksaan pemerintah).
regulation_id PP_22_2021. ↩︎ ↩︎
[P] Permen LHK 5/2022, preamble (Menimbang huruf a-c; Mengingat angka 3). The held
text drops the number and year of the implemented government regulation in Menimbang huruf c;
its title there and Mengingat angka 3 identify it as PP 22/2021. regulation_id
PERMENLHK_5_2022. ↩︎
[P] Permen LHK 5/2022, Pasal 1 angka 4. regulation_id PERMENLHK_5_2022. ↩︎
[E] "How Must Mining Operations Treat Wastewater Under PERMENLHK 05/2022?", CRPG regulatory tracker, crpg.id, 26 November 2025, corrected 28 September and 2 October 2026. https://crpg.id/how-must-mining-operations-treat-wastewater-under-permenlhk-05-2022/ (free sign-in required on crpg.id) The post carries a notice that it is AI-generated; it is cited for the record of the development, not for its legal content. ↩︎ ↩︎
[P] Permen LHK 5/2022, Lampiran I (introduction and section C.1). regulation_id
PERMENLHK_5_2022. ↩︎ ↩︎
[P] Permen LHK 5/2022, Lampiran II, parts A-D. Several numerical values are illegible in
the held OCR text. regulation_id PERMENLHK_5_2022. ↩︎ ↩︎
[P] Peraturan Menteri Lingkungan Hidup dan Kehutanan Nomor P.93/MENLHK/SETJEN/KUM.1/8/2018,
Pasal 2 ayat (2), as amended by Permen LHK 80/2019, Pasal I angka 2. regulation_id
PERMENLHK_80_2019. ↩︎
[P] Peraturan Menteri Negara Lingkungan Hidup Nomor 09 Tahun 2006, Lampiran.
regulation_id PERMENLH_09_2006. ↩︎