WASTE MANAGEMENT AND LAW ENFORCEMENT IN MAJALENGKA REGENCY TO REALIZE A CLEAN ENVIRONMENT ACCORDING TO LAW NO. 18 OF 2008
Isi Artikel Utama
Abstrak
Background. Waste management is often seen as a technical issue, even though it directly affects citizens' constitutional right to a good and healthy environment.
Aims. This research offers a new perspective by placing waste management in Majalengka Regency as a benchmark for the effectiveness of environmental laws and local law enforcement.
Methods. Through normative legal research, this study analyzes the alignment of local governments' obligations in providing waste management infrastructure based on Article 13 of Law Number 18 of 2008 with the principle of waste management hierarchy in Article 5 paragraph (1). It examines the harmonization of administrative and criminal sanctions in Articles 37-40 with Majalengka Regency Regional Regulation Number 3 of 2023.
Result. The results of the study show that the success of waste management does not only depend on the existence of TPS3R and TPA, but also on the integration of hierarchical-based policies, the application of Extended Producer Responsibility, and proportionate law enforcement.
Conclusion. This research emphasizes that the synergy between public services and law enforcement is the key to realizing environmental justice and sustainability, as well as being a model for other regions in Indonesia.
Rincian Artikel
Referensi
Braithwaite, John, and Ian Ayres. Responsive Regulation: Transcending the Deregulation Debate. Oxford University Press, 1992. (For the concept of enforcement pyramid).
Fatmawati, Yusrianti. "Principles of Environmental Law in Sustainable Waste Management." Indonesian Journal of Environmental Law, Vol. 5, No. 2, 2019.
Faure, Michael, and Nicole Niessen (eds.). Environmental Law in Development: Lessons from the Indonesian Experience. Edward Elgar Publishing, 2006. (For the context of the application of environmental law in Indonesia).
Ministry of Public Works and Public Housing. Regulation of the Minister of Public Works Number 3 of 2013 concerning the Implementation of Waste Infrastructure and Facilities in the Handling of Household Waste and Similar Household Waste.
"Please, Dad. "Extended Producer Responsibility in Packaging Waste Management in Indonesia." Perspective, Vol. 25, No. 1, 2020.
Soekanto, Soerjono, and Sri Mamudji. Normative Law Research: A Brief Overview. Jakarta: Rajawali Press, 2015.
LAWS REGULATIONS
Constitution of the Republic of Indonesia in 1945.
Law Number 18 of 2008 concerning Waste Management.
Law Number 32 of 2009 concerning Environmental Protection and Management.
Majalengka Regency Regional Regulation Number 3 of 2023 concerning Waste Management