SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 69, 2008 | THE LIVING ENVIRONMENT. Junk. Management. (An explanation in the Additional Gazette of the Republic of Indonesia No. 4851) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 18 YEAR 2008
ABOUT
WASTE MANAGEMENT
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that the addition of the population and the changing patterns of people's consumption led to the growing volume, type, and characteristics of the garbage that were increasingly diverse;
., b. that waste management has not been compatible with environmental-insightful waste management methods and techniques so that it poses a negative impact on public health and the environment;
., c. that the trash has become a national problem so that its management needs to be done in a comprehensive and unified upstream downstream to provide economic, healthy, and secure benefits to the environment, and to be able to be able to provide them with a great deal of life and safety. change the behavior of people;
., d. That in the management of the garbage is necessary for legal certainty, the clarity of responsibility and authority of the Government, local government, and the role of society and the business world so that the management of the waste can run proportionally, effectively, and Efficient;
., e. that under consideration as intended in the letter a, the letter b, the letter c, and the letter d need to form an Act on the Waste Management;
.,, Given: Section 5 of the paragraph (1), Article 20, Article 28H paragraph (1), and Article 33 of the paragraph (3) and paragraph (4) of the Basic Law of the Republic of Indonesia in 1945;
With Shared Consent
REPRESENTATIVES OF THE PEOPLE ' S REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDED:
Establish: LEGISLATION ON WASTE MANAGEMENT.
BAB I
UMUM PROVISIONS
The Kesatu section
Definition
Section 1
In this Act referred to:
., 1. Garbage is the rest of the daily activities of humans and/or a solid-shaped nature process.
., 2. A specific waste is a waste that is due to its nature, concentration, and/or volume that requires special management.
3. The garbage source is the waste timmoon origin.
., 4. Waste producing is every person and/or due to a natural process that results in a waste timmoon.
. .5. Waste management is a systematic, thorough, and continuous activity that includes the reduction and handling of garbage.
., 6. Temporary shelters are places before the trash is transported to a unified recycling, processing, and/or garbage processing place.
., 7. An integrated garbage processing place is the site of collecting, logging, reuse, reuse, processing, and end-end processing of the trash.
., 8. The final processing place is the place to process and return the trash to the environmental media safely for humans and the environment.
., 9. Compensation is a reward given to the person affected by the negative effects incurred by the garbage handling activities at the end of the waste processing.
10. People are individual persons, groups of people, and/or legal entities.
., 11. An emergency response system is a series of activities undertaken in the framework of control that includes prevention and countermeasures of mismanagement due to the untrue management of waste.
., 12. The next central government is the President of the Republic of Indonesia which holds the power of the government of the Republic of Indonesia as referred to in the Basic Law of the Republic of Indonesia in 1945.
., 13. The local government is the governor, regent, or mayor, and the area's device as an organizer of the local government.
., 14. The Minister is the minister who organizes government affairs in the area of environmental management and in other related areas of government.
The Second Part
Scope
Section 2
(1) The trash managed under this Act consists of:
., a., a. household trash;
B. junk kind of household trash; and
c. Specific garbage.
.,, (2) The household trash as referred to in paragraph (1) the letter a derived from the daily activities in the household, excluding the tinja and the specific rubbish.
.,, (3) The garbage type of household trash as referred to in paragraph (1) the letter b is derived from commercial areas, industrial areas, special areas, social facilities, public facilities, and/or other facilities.
(4) Specific garbage as referred to in paragraph (1) of the letter c includes:
., a., a. junk containing hazardous and toxic materials;
B. junk containing waste hazardous and toxic materials;
c. trash arising from the disaster;
D. debris dismantling the building;
e. junk that is techically unprepared; and/or
f. The garbage that occurs unperiodically.
., (5) Further provisions of the specific type of garbage beyond the provisions as referred to in paragraph (4) are governed by the rules of the minister who organizes government affairs in the field of living environment.
BAB II
ASAS AND THE PURPOSE
Section 3
Waste management is based on the principles of responsibility, continuous principles, benefits, equity principles, awareness principles, concurrently principles, safety principles, security principles, and economic value asas.
Section 4
Waste management aims to improve community health and environmental quality as well as make waste as a resource.
BAB III
THE TASK AND AUTHORITY OF THE GOVERNMENT
The Kesatu section
The task
Section 5
Government and regional governments are in charge of ensuring the organizers of good waste management and environmental insights in accordance with the objectives as intended in this Act.
Section 6
The task of the Government and the local government as referred to in Article 5 consists of:
., a., a. Grow and enhance public awareness in waste management;
., b. conducting research, development of reduction technologies, and handling of garbage;
., c. facilitate, develop, and carry out the efforts of reducing, handling, and utilization of waste;
., d. carrying out the waste management and facilitating the provision of waste infrastructure and means of waste management;
e. encourage and facilitate the development of the benefits of waste processing results;
., f. facilitate the application of local specific technologies that develop on local communities to reduce and handle trash; and
., g. Conduct coordination between government agencies, communities, and the business world in order to be alloctedness in waste management.
The Second Part
Government Authority
Section 7
In the event of garbage management, the Government has the authority:
a. establish the national policy and strategy of waste management;
B. establish the norms, standards, procedures, and waste management criteria;
.,, c. facilitates and develops interregional cooperation, partnerships, and networking in waste management;
., d. Host country government coordination, coaching, and supervision of local government performance in waste management; and
., e. establish a policy of resolving inter-regional disputes in waste management.
The Third Part
The Provincial Government ' s Authority
Section 8
In hosting garbage management, the provincial government has the authority:
., a., a. establish policies and strategies in waste management in accordance with Government policies;
., b. facilitate interregional cooperation in one province, partnership, and networking in the waste management;
.,, c. organizes coordination, coaching, and supervision of county/city performance in waste management; and
., d. facilitate the resolution of intercity/inter-city waste management disputes in 1 (one) province.
The Fourth Part
The Authority of the County/City Government
Section 9
.,, (1) In hosting junk management, county/city governance has the authority:
.,
., a., a. establish garbage management policies and strategies based on national and provincial policies;
., b. hosting the district/city-scale garbage management in accordance with the norms, standards, procedures, and criteria set by the Government;
., c. perform the coaching and supervision of the trash management performance executed by the other party;
., d. establish a temporary shelter location, an integrated garbage processing place, and/or a garbage end processing place;
., e. regular monitoring and evaluation every 6 (six) months of 20 (twenty) years against the end of the trash processing site with an open disposal system that has been closed; and
., f. Building and hosting a Dumpster emergency response system in accordance with its authority.
.,, (2) The location of the location of an integrated garbage processing place and the end of the trash processing place as referred to in paragraph (1) the letter d is part of the district/city layout plan in accordance with the laws.
.,, (3) Further provisions on the guidelines of the drafting of the emergency response system as referred to in paragraph (1) the letter f is governed by the ministerial regulation.
The Fifth Part
The Authority Share
Section 10
The division of government authority in the area of waste management is exercised in accordance with the provisions of the laws.
BAB IV
RIGHTS AND OBLIGATIONS
The Kesatu section
The right
Section 11
(1) Each person is entitled:
.,
., a., a. get services in the good and good waste management of the Government, local government, and/or other parties that are responsible for that;
., b. participate in decision making, staging, and supervision in the trash management field;
., c. obtain the correct, accurate, and timely information regarding the hosting of the garbage;
., d. obtaining protection and compensation due to the negative impact of the activities where the end of the trash processing is; and
., e. obtaining coaching in order to perform the management of the trash in a good and insightful environment.
.,, (2) Further provisions on the manner of the use of rights as referred to in paragraph (1) are governed by governmental regulation and regional regulations according to its authority.
The Second Part
The obligation
Section 12
.,, (1) Any person in household waste management and garbage type household waste is mandatory to reduce and handle garbage in a way that is insightful to the environment.
.,, (2) Further provisions of the manner of the execution of household waste management obligations and the garbage of the household trash as referred to in paragraph (1) are governed by local regulations.
Section 13
The management of residential areas, commercial areas, industrial areas, special areas, public facilities, social facilities, and other facilities are required to provide the waste facility facilities.
Section 14
Each manufacturer must list the label or sign associated with the reduction and handling of the trash on the packaging and/or its products.
Section 15
Manufacturers are required to manage packaging and/or products that are produced that cannot or are difficult to decompose by natural processes.
Section 16
Further provisions regarding the manner of the provision of the trash-clearing facility as referred to in Section 13, the manner of labeling or marking as referred to in Section 14, and the manufacturer's obligations as referred to in Article 15 set with government regulations.
BAB V
PERIZs
Section 17
.,, (1) Any person performing the activities of a garbage management effort is required to have the permission of the head of the area according to its authority.
.,, (2) Permission as referred to in paragraph (1) is provided in accordance with the provisions of the Government specified.
.,, (3) Further provisions on how to obtain permissions as referred to in paragraph (1) are governed by regional regulations according to its authority.
Section 18
.,, (1) The decision regarding the granting of the trash management permit must be announced to the community.
.,, (2) Further provisions of the type of waste management effort that obtain the permission and order of the announcement as referred to in paragraph (1) are governed by local regulations.
BAB VI
HOSTING THE WASTE MANAGEMENT
The Kesatu section
Household Trash Management and
Household Trash-type Trash
Section 19
Household waste management and household waste type garbage consist of:
a. junk reduction; and
B. garbage handling.
Paragraph Kesatu
Garbage Reduction
Section 20
.,, (1) The discharge of the trash as referred to in Article 19 of the letter a covering the activities:
., a., a. junk timmoon restriction;
B. junk rework; and/or
c. Reuse of the trash.
.,, (2) The government and local government are required to perform activities as referred to in paragraph (1) as follows:
.,
., a., a. establish a gradual waste reduction target in a given period of time;
B. facilitate the application of eco-friendly technologies;
c. facilitate the application of the eco-friendly product label;
D. facilitate reuse and recycling activities; and
e. facilitate the marketing of recycling products.
., (3) The offender in carrying out activities as referred to in paragraph (1) using production materials that produce waste as little as possible, reusable, can be recycled, and/or easily parsed by natural processes.
.,, (4) The community in performing garbage reduction activities as referred to in paragraph (1) using reusable materials, recycled, and/or easily parsed by natural processes.
.,, (5) Further provisions on the reduction of trash as referred to in paragraph (1), paragraph (2), paragraph (3), and paragraph (4) are governed by government regulations.
Section 21
(1) The government grants:
., a., a. incentive to any person who does a waste reduction; and
B. disincentive to any person who does not perform a waste reduction.
.,, (2) Further provisions of type, form, and method of giving incentives and disincentives as referred to in paragraph (1) are governed by government regulations.
Second paragraph
Garbage Handler
Section 22
.,, (1) the trash handling activities as referred to in Section 19 of the letter b include:
.,
., a., a. estate in the form of clustering and separation of trash according to the type, number, and/or nature of the trash;
., b. collection in the form of retrieval and removal of garbage from a garbage source to a temporary shelter or a unified garbage processing place;
.,, c. transport in the form carries waste from the source and/or from a temporary waste shelter or from a unified garbage processing place to the end of the processing place;
., d. processing in the form of changing characteristics, composition, and amount of waste; and/or
., e. junk processing in the form of a garbage return and/or previous processing residue residue to the environmental media safely.
.,, (2) Further provisions of the handling of the trash as referred to in paragraph (1) are governed by governmental regulation and/or regional regulations according to its authority.
The Second Part
Specific Trash Management
Section 23
(1) Specific waste management is the responsibility of the Government.
., (2) Further provisions regarding the specific rubbish management as referred to in paragraph (1) are governed by government regulations.
BAB VII
FINANCING AND COMPENSATION
The Kesatu section
Financing
Section 24
.,, (1) The government and local governments are obligated to finance the hosting of waste management.
.,, (2) Financing as referred to in paragraph (1) is sourced from the state budget and revenue budget as well as the income budget and area shopping.
.,, (3) Further provisions on financing as referred to in paragraph (1) and paragraph (2) are governed by government regulations and/or regional regulations.
The Second Part
Compensation
Section 25
.,, (1) The government and local governments individually or together may provide compensation to people as a result of the negative impact incurred by the waste handling activities in the waste end processing place.
(2) Compensation as referred to in paragraph (1) shall be:
., a., a. relocation;
B. environment recovery;
c. Health and treatment costs; and/or
D. Compensation in other forms.
.,, (3) Further provisions of the negative impact and compensation as referred to in paragraph (1) and paragraph (2) are governed by government regulations.
.,, (4) Further provisions regarding the granting of compensation by local governments as referred to in paragraph (1) are governed by governmental regulation and/or regional regulations.
BAB VIII
COOPERATION AND PARTNERSHIP
The Kesatu section
Interregional Cooperation
Section 26
.,, (1) Local government can do cooperation between local governments in doing waste management.
.,, (2) The cooperation as referred to in paragraph (1) may be realized in the form of cooperation and/or the creation of a joint waste management.
., (3) Further provisions on the guidelines of cooperation and the form of joint venture between regions as referred to in paragraph (1) are governed in the rules of the minister who organizes domestic governance matters.
The Second Part
The partnership
Section 27
.,, (1) The government of the county/city region individually or together may partner with the body of the waste management enterprise in the holding of waste management.
.,, (2) The Partnership as referred to in paragraph (1) is poured in the form of an agreement between the county/city local government and the concerned entity.
.,, (3) The order of the implementation of the partnership as referred to in paragraph (2) is conducted in accordance with the laws.
BAB IX
THE ROLE OF THE SOCIETY
Section 28
.,, (1) The public may play a role in the waste management hosted by the Government and/or local government.
(2) The role as referred to in paragraph (1) can be done through:
.,
., a., a. granting proposals, consideration, and advice to the Government and/or local governments;
B. the formulation of the trash management policy; and/or
(c) IBM may not use any of the following:
.,, (3) Further provisions on the form and layout of the role of society as referred to in paragraph (1) and paragraph (2) are governed by government regulations and/or regional regulations.
BAB X
The RUN
Section 29
(1) Each person is prohibited:
., a., a. inserts garbage into the territory of the Republic of the Republic of Indonesia;
B. importing trash;
c. mixing trash with hazardous and toxic waste;
D. manage the trash that causes pollution and/or environmental destruction;
e. dispose of the trash not in a predefined place and provided;
., f. doing trash handling with open disposal in the final processing place; and/or
., g. burning garbage that does not fit the technical requirements of waste management.
., (2) Further provisions on the prohibition as referred to in paragraph (1) the letter a, the letter c, and the letter d are governed by the government regulations.
.,, (3) Further provisions on the prohibition as referred to in paragraph (1) letter e, letter f, and the letter g are governed by the county/city area regulations.
., (4) County/city county rules as referred to in paragraph (3) may establish the criminal sanction of confinement or fines against the violation of the provisions as referred to in paragraph (1) the letter e, the letter f, and the letter g.
BAB XI
SUPERVISION
Section 30
.,, (1) The oversight of trash management policies by local governments is carried out by the Government.
.,, (2) The supervision of the execution of waste management at the district/city level is carried out by the governor.
Section 31
.,, (1) The oversight of the exercise of waste management committed by the garbage manager is done by the local government, both independently and collectively.
.,, (2) The supervision conducted by the local government as referred to in paragraph (1) is based on the norms, standards, procedures, and supervision criteria set by the Government.
.,, (3) Further provisions on the supervision of waste management as referred to in paragraph (1) are governed by local regulations.
BAB XII
ADMINISTRATIVE SANCTION
Section 32
.,, (1) The Regent/mayor may apply administrative sanction to the trash maintainer who violates the terms of the requirements set out in the licensing.
(2) Administrative sanctions as referred to in paragraph (1) may be:
., a., a. coercion of government;
B. forced money; and/or
c. revocation clearance.
.,, (3) Further provisions on the application of administrative sanctions as referred to in paragraph (1) and paragraph (2) are governed by the county/city area regulations.
BAB XIII
DISPUTE RESOLUTION
The Kesatu section
Common
Section 33
(1) The disputes that may arise from the waste management consist of:
., a., a. dispute between local government and garbage managers; and
B. The dispute between the trash and the public.
.,, (2) The settlement of the dispute as referred to in paragraph (1) may be done through a settlement outside the court or through a court of law.
.,, (3) The completion of the dispute as referred to in paragraph (1) and paragraph (2) is implemented in accordance with the laws.
The Second Part
Dispute settlement outside the Court
Section 34
.,, (1) The Settlement of the dispute outside the court is conducted with mediation, negotiation, arbitration, or any other option of the disputing parties.
.,, (2) If in the settlement of a dispute outside the court as referred to in paragraph (1) no agreement is reached, the disputable parties may submit it to the court.
The Third Part
Dispute Resolution in the Court
Section 35
.,, (1) The settlement of the dispute within the court is carried out through the action lawsuit against the law.
(2) The act of action against the law as it is referred to in verse (1) requires that the plaintiff prove the elements of error, loss, and causal link between the deeds and the loss inflicted.
.,, (3) The charges in the action lawsuit against the law as referred to in paragraph (2) may be in exchange for a certain loss and/or action.
The Fourth Part
Representative lawsuit of the Group
Section 36
People who are harmed by the deeds against the law in the waste management field are entitled to file a lawsuit through the group's representatives.
The Fifth Part
The Copyright Organization ' s Suing Rights
Section 37
.,, (1) the resource organization is entitled to file a lawsuit for the benefit of safe waste management for public health and the environment.
.,, (2) The right to submit a lawsuit as referred to in paragraph (1) is limited to the charges for committing certain actions, except for the costs or expenses of the real.
.,, (3) the perversion organization entitled to submit a lawsuit as referred to in paragraph (1) must meet the requirements:
., a., a. form a legal entity;
B. have a base budget in the trash management field; and
., c. has done a real activity at least 1 (one) year in accordance with its base budget.
BAB XIV
INQUIRY
Section 38
.,, (1) In addition to the Investigator of the Indonesian National Police Officers, a particular civil servant official in the environment of government agencies whose scope of duty and responsibility in the area of the management of the garbage is given special authority as an investigator as it is in the Criminal Event Law Act.
.,, (2) The Investigator of a civil servant as referred to in paragraph (1) authorized:
.,
., a., a. conduct an examination of the truth of the report or the description with respect to the criminal management field;
., b. conduct an examination of the person suspected of committing a felony in the trash management field;
.,, c. requested the captions and evidence materials of the person with respect to the event of a criminal offence in the area of waste management;
., d. Conduct checking, records, and other documents with respect to the trash management field;
., e. Conduct a trial in a specific place, which is suspected of evidence, bookkeeping, logging, and other documents, and committing to the materials and items of the crime that can be made evidence in cases of criminal conduct in the field. junk management; and
., f. Ask for expert assistance in the execution of criminal investigation duties in the area of waste management.
.,, (3) The official broadcaster of civil servants as referred to in verse (1) notifies the commencement of the investigation and the results of his inquiry to the Investigator of the State Police of the Republic of Indonesia.
.,, (4) The official broadcaster of civil servants as referred to in verse (1) convees the results of the investigation to the public prosecutor through the Investigator of the State Police of the Republic of Indonesia.
BAB XV
CRIMINAL PROVISIONS
Section 39
.,, (1) Any person who is against the law inserts and/or imports household trash and/or garbage of any kind of household waste into an Unitary State of the Republic of Indonesia is threatened with a prison criminal at least 3 (three) years At least nine (nine) years and a fine of at least Rp100.000.00 (one hundred million rupiah) and the most Rp3,000.000.00 (three billion rupiah).
.,, (2) Any person who is against the law inserts and/or imports specific rubbish into the territory of the State of the Republic of Indonesia is threatened with the shortest prison criminal 4 (four) year and longest 12 (twelve) year and the fine the most little Rp200.000.000.00 (two hundred million rupiah) and at most Rp5,000.000.00 (five billion rupiah).
Section 40
., (1) Unlawful Junk Management and willfully performing waste management activities by not paying attention to norms, standards, procedures, or criteria that may result in public health disorder, security disorder, environmental pollution, and/or destruction of the environment is threatened with the shortest prison criminal 4 (four) years and tops 10 (ten) years and the least fines of Rp100.000.00 (one hundred million rupiah) and most Rp5,000.000.00 (five) billion rupiah).
(2) If the criminal acts as referred to in verse (1) result in dead or heavy wounds, the garbage maintainer is threatened with a prison criminal at least 5 (five) years and at least 15 (fifteen) years and the least fine Rp100.000.00 (one hundred million rupiah) and at most Rp5,000.000.00 (five billion rupiah).
Section 41
.,, (1) the garbage management due to its uniqueness performing waste management activities by not paying attention to norms, standards, procedures, or criteria that may result in public health disorder, security disruptions, environmental pollution, And/or environmental destruction is threatened with a prison criminal at most 3 (three) years and a fine of the most Rp100.000.00 (one hundred million rupiah).
., (2) If the criminal offence as referred to in verse (1) resulting in dead or heavy wounds, the garbage maintainer is threatened with a prison criminal of at least 5 (five) years and a fine of at most Rp500.000.00 (five hundred million rupiah).
Section 42
.,, (1) Penal Tindak is considered a corporate criminal offence if a criminal offence is committed in order to achieve a corporate purpose and is carried out by an administrator who is authorized to take decisions on behalf of the corporation or represent the corporation to perform legal action or have the authority to control and/or oversee the corporation.
.,, (2) If the criminal offence as referred to in paragraph (1) is performed by or on behalf of the corporation and persons, whether based on a working relationship and based on other relationships acting in the corporate environment, criminal charges and sanctions The criminal is dropped to those who act as leaders or who give the order, without considering whether the person is referred, either based on a working relationship or another relationship, committing a criminal act alone or together.
.,, (3) If the charges are made against the corporation, the call to face and handover of the call letter is addressed to the administrator at the corporate address or in the venue of the caretaker doing a fixed job.
.,, (4) If the charges are made against the corporation which at the time of prosecution is represented by not the caretaker, the judge may order the caretaker to face itself to the court.
Section 43
The criminal acts as referred to in Article 39, Article 40, Article 41, and Article 42 are crimes.
BAB XVI
THE TRANSITION PROVISION
Section 44
.,, (1) The local government must make planning the closing of the end of the waste processing place using the most prolonged open disposal system 1 (one) of the year count since the enactment of this Act.
.,, (2) The county government must close the end of the waste processing place using the most prolonged open disposal system 5 (five) years from the effective date of this Act.
Section 45
The management of residential areas, commercial areas, industrial areas, special areas, public facilities, social facilities, and other facilities that have not yet owned waste facilities at the time of the Act are required to build or provides for the longest remaining 1 (one) year waste facility.
BAB XVII
OTHER LAIN-CONDITIONS
Section 46
Specific to the area of the Special Region of Jakarta Capital Region, the provisions as referred to in Article 9 of the paragraph (1) and paragraph (2), Article 27 paragraph (1) and paragraph (2), Section 29 paragraph (3) and paragraph (4), as well as Article 32 is the authority of the local government. province.
BAB XVIII
CLOSING PROVISIONS
Section 47
.,, (1) The rules of the government and the rules of ministers mandated this Act are resolved the slowest 1 (one) year count since the Act is promultable.
.,, (2) The laws of the area mandated by this Act are completed at least 3 (three) years of count since the Act is promultable.
Section 48
Upon the expiration of this Act all laws relating to the management of the existing garbage remain in effect as long as not in conflict with the provisions of this Act.
Section 49
This Act goes into effect on the promulgable date.
In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
.,, Dislocated in Jakarta
on May 7, 2008
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on May 7, 2008
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ANDI MATTALATTA
ADDITIONAL
STATE SHEET RI
| No. 4851 | (explanation Of State Sheet 2008 Number 69) |
EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 18 YEAR 2008
ABOUT
JUNK MANAGEMENT
I. UMUM
.,, the large population of Indonesia with a high growth rate resulted in a growing volume of rubbish. In addition, the community's consumption patterns contribute to the growing type of garbage, among other things, hazardous waste bins and/or difficult to parse by natural processes.
., as long as this vast majority of society still views rubbish as useless scrunchless items, not as resources that need to be utilized. The public in managing the trash is still resting on the end-of-pipe approach, which is garbage collected, transported, and disposed of to the end of the waste processing. In fact, a large amount of waste volume in the location of the waste end processing can potentially release metan gas (CH4) that can increase greenhouse gas emissions and contribute to global warming. In order for the heap of waste to decompose through the natural process is required for a long period of time and required handling at a large cost.
.,, Paradiggma of the waste management that rests on the final approach is time to be abandoned and replaced with a new paradigm of waste management. The new paradigm sees waste as a resource that has economic value and can be used, for example, for energy, compost, fertilizer or for industrial raw materials. Waste management is carried out with a comprehensive approach from upstream, since before it produces a product that could potentially be garbage, up to the downstream, which is that the product phase is already used so that it becomes garbage, which is then restored. to the environment media safely. Waste management with such new paradigms is carried out with the reduction and handling activities of the garbage. Waste reduction includes restriction activities, reuse, and reuse, while waste handling activities include sorting, collecting, transporting, processing and final processing.
.,, Article 28H paragraph (1) The Basic Law of the State of the Republic of Indonesia Year 1945 entitates everyone to get a good and healthy life environment. The mandate of the Basic Law provides the consequences that the government is obliged to provide public service in the management of the waste. It carries the legal consequences that the government is legally responsible and responsible in the area of waste management even if operationally its management can partner with the enterprise. In addition, a group of people who move in the field of garbage can also be included in the waste management activities.
.,, in order to organize a unified and comprehensive waste management, fulfillment of the rights and obligations of the community, as well as the duties and authority of the Government and local governments to carry out public services, required an umbrella of law in the Law form. Setting up the trash management laws in this Act is based on principles of responsibility, continuous asas, asas benefits, asas justice, asas awareness, concurrent asas, safety principles, security principles, and economic value asas.
.,, Based on the thinking as described above, the establishment of this Act is required in order:
., a., a. a legal certainty for the people to get a good, insightful junk management service;
., b. assertiveness regarding the prohibition of inserts and/or importing garbage into the territory of the Republic of the Republic of Indonesia;
c. order in the hosting of waste management;
., d. The clarity of duty, authority, and responsibility of the Government and the local government in the management of the garbage; and
., e. The definition of the Cloud Service can be used for the Cloud Service, and is not available for use in the Cloud Service.
II. SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, which is meant by the garbage of some kind of household trash is a waste that does n' t come from a household.
Commercial areas include, among other things, trade centers, markets, shops, hotels, offices, restaurants, and entertainment venues.
An industrial area is a residential area of industrial activity equipped with infrastructure and support facilities developed and managed by industrial area companies that have had industrial regional business permits.
Special areas are special areas that are used for national/national interest, for example, cultural heritage areas, national parks, strategic industry development, and high technology development.
Social facilities are, among other things, houses of worship, orphanages, and social homes.
Public facilities are, among other things, public transport terminals, railway stations, seaports, air ports, public vehicle stops, parks, roads, and sidewalks.
Which includes other facilities that do not include commercial areas, industrial areas, special areas, social facilities, public facilities among other houses of prisoners, correctional institutions, hospitals, clinics, public health centers, areas Education, tourism, connecteable areas, and sports-level activities.
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear
Section 3
., in question, the "responsibility" is that the Government and the local government have the responsibility of the waste management in realizing the people's right to a good and healthy living environment as mandated in the Section. 28H paragraph (1) of the Basic Law of the Republic of Indonesia Year of 1945.
The "sustainable" principle is that waste management is done using environmentally friendly methods and techniques so that it does not cause a negative impact on public health and the environment, both on the generation. the present or the generations to come.
The principle of "benefit" is that waste management needs to use an approach that considers garbage as a resource that can be harnessed to meet the needs of the community.
The principle of "justice" is that in waste management, the Government and the local government provide the same opportunity to the community and the world of efforts to play actively in the management of the waste.
The principle of "consciousness" is that in the management of waste, government and local governments encourage everyone to have attitude, care, and awareness to reduce and handle the waste it produces.
The meaning of "togetherness" principle is that the waste management is organized by engaging all stakeholders.
The principle of "safety" is that waste management must ensure human safety.
The principle of "security" is that waste management must guarantee and protect the public from various negative impacts.
The principle of "economic value" is that garbage is a resource that has an economic value that can be used to give value added.
Section 4
.,, pretty clear.
Section 5
.,, pretty clear.
Section 6
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, pretty clear
Letter e
.,, the proceeds of the garbage processing, for example include compost, fertilizer, biogas, energy potential, and other recycled results.
Letter f
.,, pretty clear
The letter g
.,, pretty clear
Article 7
.,, pretty clear.
Article 8
.,, pretty clear.
Article 9
.,, Verse (1)
.,, the letter a
.,, pretty clear
Letter b
.,, the management of waste management, among other things, is the provision of garbage shelters, junk transport, temporary shelters, integrated waste processing places, and/or garbage end processing places.
Letter c
.,, pretty clear
Letter d
.,, pretty clear
Letter e
.,, pretty clear
Letter f
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Article 10
.,, pretty clear.
Article 11
.,, pretty clear.
Article 12
.,, pretty clear.
Article 13
.,, the residential area includes residential areas in the form of clasters, apartments, condominiums, dormitory, and the like.
The provided facilities are placed at a place that is easily accessible to the public.
Section 14
.,, For certain products which because its packaging size does not allow listing labels or tags, the placement of a label or a sign can be listed on its parent packaging.
Article 15
.,, Which is intended by managing the packaging of the packaging recall packaging for recycling and/or reuse.
Section 16
.,, pretty clear.
Section 17
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the scope of the permissions set by the Government, among others, contains the requirements for obtaining permission, term of permission, and termination of the permit.
Verse (3)
.,, pretty clear
Article 18
.,, pretty clear.
Section 19
.,, pretty clear.
Section 20
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the letter a
.,, the Government sets out a policy for manufacturers to reduce waste by means of using materials that can or easily be parsed by natural processes. The policy is the designation of the number and percentage reduction in the use of materials that cannot or may be difficult to decompose by natural processes within a given period of time.
Letter b
.,, eco-friendly technology is a technology that can reduce waste timmonths since the beginning of the production process.
Letter c
.,, pretty clear
Letter d
.,, pretty clear
Letter e
.,, pretty clear
Verse (3)
.,, the intended production materials in these provisions are raw materials, helper materials, auxiliary materials, or product packaging.
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear
Section 21
.,, Verse (1)
.,, the letter a
.,, Incentives can be provided for example to manufacturers that use production materials that can or easily are parsed by natural and eco-friendly processes.
Letter b
.,, Disincentives are imposed for example to manufacturers that use production materials that are difficult to parse by natural processes, reuse, and/or recycled, as well as inhospitable environments.
Verse (2)
.,, pretty clear
Article 22
.,, Verse (1)
.,, the letter a
.,, waste dumps are done by methods that meet security, health, environmental, comfort, and hygiene requirements.
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, Processing in the form of changing characteristics, composition, and amount of garbage intended for garbage can be processed further, utilized, or reverted to environmental media safely for humans and the environment.
Letter e
.,, pretty clear
Verse (2)
.,, pretty clear
Section 23
.,, pretty clear.
Section 24
.,, pretty clear.
Section 25
.,, Verse (1)
.,, Compensation is a government accountability form against waste management in a final processing place that negatively affects people.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Article 26
.,, pretty clear.
Section 27
.,, pretty clear.
Article 28
.,, pretty clear.
Article 29
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the things that are set up in government regulations include any other type, volume, and/or junk characteristics.
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Article 30
.,, pretty clear.
Article 31
.,, pretty clear.
Section 32
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, the letter a
., the Government of the Government is an act of law committed by the local government to restore the quality of the environment in its original state with the cost burden of the waste management that does not comply with the provisions of the local government. Laws.
Letter b
.,, the forced money is the money payable in certain amounts by the garbage maintainer who violates the provisions of the law as a substitute for the execution of the government's coercion.
Letter c
.,, pretty clear
Verse (3)
.,, pretty clear
Section 33
.,, Verse (1)
.,, the term of a dispute is a dispute between two or more parties arising out of or suspected of tampering and/or loss to public health and/or the environment due to waste management activities.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Article 34
.,, Verse (1)
.,, the completion of the outside of the court dispute is organized to reach an agreement on the form and magnitude of the damages and/or regarding certain measures to ensure that it will not occur or result in the negative impact of the Garbage management activities.
Verse (2)
.,, pretty clear
Section 35
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
., in question, in this section, the command of installing or repairing the infrastructure and the means of waste management.
Section 36
.,, the group ' s representative suit is carried out through filing a lawsuit by one person or more that represents oneself or represents the group.
Section 37
.,, Verse (1)
.,, the Sampled Organization is a group of people formed by its own will and desires in the middle of society whose purpose and activities include the field of waste management.
Verse (2)
.,, referred to in real cost or expenditure is a real cost to be proved to have been issued by the outpouring organization.
Verse (3)
.,, pretty clear
Article 38
.,, pretty clear.
Article 39
.,, pretty clear.
Section 40
.,, pretty clear.
Section 41
.,, pretty clear.
Article 42
.,, pretty clear.
Article 43
.,, pretty clear.
Section 44
.,, pretty clear.
Section 45
.,, pretty clear.
Section 46
.,, pretty clear.
Section 47
.,, pretty clear.
Section 48
.,, pretty clear.
Section 49
.,, pretty clear.
