Act No. 18 Of 2008

Original Language Title: Undang-Undang Nomor 18 Tahun 2008

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4eb41c45808371313231363034.html

ACT 18-2008 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 69, 2008LINGKUNGAN life. Trash. The management. (Additional explanation in the State Gazette of the Republic of Indonesia Number 4851)
Law of the Republic of INDONESIA number 18 in 2008 on WASTE MANAGEMENT with the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA,.,, Considering: a. that the population and community dietary changes cause the increase of the volume, type, and characteristics of the waste is increasingly diverse;
.,, b. that waste management has not been in accordance with the waste management methods and techniques that are environmentally causing negative impact on public health and the environment;
.,, c. that garbage has become a national problem so management needs to be done in a comprehensive and integrated from upstream to downstream in order to benefit economically, healthy for the community, and safe for the environment, and can change the behavior of the community;
.,, d. that in waste management required legal certainty, clarity of responsibilities and authorities of the Government, local governance, as well as the role of the community and the business world so that waste management can run proportionately, effectively, and efficiently;
.,, e. that based on considerations as referred to in letter a, letter b, letter c, letter d and need to establish laws on waste management;
.,, Remember: article 5 paragraph (1), article 20, article 28 h subsection (1), and article 33 paragraph (3) and paragraph (4) of the Constitution of the Republic of Indonesia in 1945;
Together with the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA and the PRESIDENT of the REPUBLIC of INDONESIA DECIDES: setting: the law on WASTE MANAGEMENT.

CHAPTER I GENERAL PROVISIONS Section I Definitions article 1 In this law are: 1. Waste, are the everyday activities of humans and/or natural processes that shaped solid.
., ,2. The specific waste is waste that due to the nature, concentration, and/or volumes require special management. 3. source of the litter is the origin of timbulan garbage.
., ,4. Producer of garbage is every person and/or the result of natural processes that produce timbulan garbage.
., ,5. Waste management is a thorough, systematic activity, and sustainability that include reduction and handling of waste.
., ,6. A temporary shelter was the site before being transported to the place of garbage recycling, processing and/or integrated garbage processing place.
., ,7. Integrated waste processing place is the place of performance of the activities of collecting, sorting, re-use, recycling, processing and final processing of garbage.
., ,8. The place is a place of final processing to process and return the waste to the media environment is safe for humans and the environment.
., ,9. Compensation is granting rewards to people affected by the negative impact brought about by the activities of handling garbage in the place of final processing waste. 10. people are those individuals, groups, and/or legal entities.
.,, 11. Emergency response system is a series of activities conducted in the framework of internal control which includes prevention and mitigation of accident due to improper waste management.
., 12. The Central Government that the Government is hereinafter referred to as the President of the Republic of Indonesia that holds the powers of the Government of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945.
., 13. The local government is the Governor, Governor, or mayor, and other areas as the organizer of local governance.
.,, 14. The Minister was the Minister who organized a Government Affairs in the field of environmental management and in other related areas of governance.
The second part of the scope of article 2 (1) garbage that is managed on the basis of this law consists of:.,, a. household garbage;

b. same-sex household garbage bins; and c. specific garbage.
.,, (2) household Waste as referred to in paragraph (1) letter a derives from the daily activities in the household, not including the feces and garbage specifically.
., Junk, (3) a type of household waste as referred to in paragraph (1) letter b derives from the commercial area, an industrial area, special area, social facilities, public facilities, and/or other facilities. (4) specific Waste as referred to in paragraph (2) Letter c includes:.,, a. trash containing hazardous materials and toxic;

b. waste containing hazardous materials and toxic waste;

c. waste incurred due to disasters;

d. bongkaran debris of buildings;

e. waste in technology has yet to be processed; and/or f. waste arising are not periodic.
.,, (5) the provisions on specific types of waste outside of the provisions referred to in subsection (4) is set by regulation of the Minister of the organizing Affairs of the Government in the field of the environment.
CHAPTER II the BASIS and PURPOSE of article 3 waste management was organized based on the principle of responsibility, the principle of sustainable, basic benefits, principles of Justice, principle of consciousness, principles of community, the basic principle of safety, security, and the basis of economic value.

Article 4 waste management aims to improve public health and the quality of the environment as well as made the waste as a resource.

CHAPTER III DUTIES and AUTHORITIES of the GOVERNMENT of the Union Part of duties Article 5 of Government and governance in this area is in charge of guaranteeing the good waste management and environmentally appropriate to the purposes referred to in this Act.

Article 6 tasks of the Government and the Government of the area referred to in article 5 consists of:., menumbuhkembangkan, a. and increase public awareness in waste management;
.,, b. research, technology development, and the reduction of waste handling;
.,, c. facilitate, develop, and implement the reduction, handling, and utilization of waste;
.,, d. implement waste management and facilitate the provision of infrastructures and means of waste management; e. encourage and facilitate the development of waste processing results benefits;., f. facilitate the application of specific technologies that are locally grown in the local community to reduce and handle the trash; and, g.., doing coordination antarlembaga the Government, society, and the corporate world so that there is alignment in waste management.
The second part of the Government's Authorized Chapter 7 in implementing waste management, the Government has the authority to: a. establish policies and national waste management strategy;

b. set the norms, standards, procedures and waste management criteria;., c., facilitate and develop interregional cooperation, partnership, and networking within the waste management;
.,, d. organizing coordination, construction, and monitoring the performance of local governments in the management of waste; and, e. the dispute resolution policy set interregional in waste management.
The third part Authority provincial government article 8 in waste management, the Government of the province has authority:.,, a. establish policies and waste management strategies in accordance with government policy;
.,, b. facilitate interregional cooperation in one province, partnership, and networking within the waste management;
.,, c. organizing coordination, construction, and monitoring the performance of the kabupaten/kota in waste management; and, d.., facilitate settlement disputes waste management antarkabupaten/Intercity within one (1) province.
The fourth part of the Government's Authorized district/city article 9.,, (1) in waste management, governance of the district/city has the authority to:.,,.,, a. establish policies and waste management strategy based on national and provincial policies;
.,, b. organise waste management district/city scale in accordance with the norms, standards, procedures, and criteria set by the Government;
.,, c. do the construction and waste management performance oversight exercised by the other party;
., d., set the location of temporary shelter, the integrated waste processing places, and/or a place of final processing waste;
.,, e. monitoring and evaluation on a regular basis every 6 (six) months for 20 (twenty) years on final processing of garbage with open exhaust system has been closed; and, f.., composing and organizing emergency response systems of waste management in accordance with those powers.
.,, (2) the determination of the location where the integrated waste processing and the place of final processing waste as referred to in paragraph (1) the letter d is part of the spatial plans of counties/cities in accordance with the legislation.
.,, (3) the provisions of the guidelines on the preparation of emergency response system as referred to in paragraph (1) letter f is controlled by a regulation of the Minister.
The fifth section of the Division of Authorities article 10 authorizes the Division of the Government in the field of waste management is carried out in accordance with the provisions of the legislation.

CHAPTER IV RIGHTS and OBLIGATIONS Part One Rights article 11 (1) everyone has the right:.,,.,, a. obtain service in the waste management are both environmentally and from the Government, local governments, and/or other parties which was given the responsibility for it;
.,, b. participate in the process of decision making, organizing, and monitoring in the field of waste management;
.,, c. obtain information true, accurate, and timely about conducting waste management;
.,, d. get the shield cover and compensation due to the negative impact of the activities of the place of final processing waste; and

.,, e. obtaining coaching in order to implement the waste management are good and environmentally.
.,, (2) further Provisions regarding the procedures for the use of the right referred to in subsection (1) is set by government regulations and local regulations comply with those powers.
The second part of article 12 Obligations.,, (1) every person in a household waste management and garbage bins are a kind of compulsory household garbage and handle reduces with environmentally way.
.,, (2) further Provisions regarding the procedures for the implementation of the waste management obligation household and similar waste household waste as referred to in subsection (1) is subject to the rule of the region.
Article 13 settlement area Manager, commercial areas, industrial areas, special areas, public facilities, social facilities, and other facilities mandatory garbage sorting facilities.

Article 14 Each manufacturer must specify a label or mark that is associated with the reduction of waste and the handling on the packaging and/or the product.

Article 15 the producer is obligated to manage the packaging and/or goods that it manufactures that can not or difficult to unravel by natural processes.

Article 16 further Provisions regarding the procedures for the provision of waste sorting facilities as referred to in article 13, the procedures for labeling or tagging as stipulated in article 14, and the obligation of producers as referred to in article 15 is set by government regulations.

Chapter V LICENSING article 17.,, (1) any person who commits waste management business activities required to have the permission of the head of the region in accordance with those powers.
.,, (2) the permit referred to in subsection (1) is given in accordance with the conditions set out by the Government.
.,, (3) further Provisions regarding the procedures for obtaining a permit referred to in subsection (1) is set by local regulations in accordance with those powers.
Article 18.,, (1) the decision concerning the granting of a waste management permit must be announced to the public.
.,, (2) further Provisions concerning the type of waste management efforts are getting a permit and Ordinance announcement as referred to in subsection (1) is subject to the rule of the region.
CHAPTER VI ORGANIZATION of the WASTE MANAGEMENT waste management is considered part of the household and Similar Waste Household Garbage article 19 household waste management and garbage is a type of household waste consists of: a. waste reduction; and b. the handling of waste.

One paragraph article 20. Waste reduction, waste reduction (1) as referred to in article 7 letter a include the following activities:.,, a. timbulan trash restrictions;

b. recycling bins; and/or c. utilization of garbage back.
.,, (2) the Government and the local government is obliged to undertake activities as referred to in paragraph (1) as follows:.,,.,, a. set waste reduction targets in stages within a certain period; b. facilitate the implementation of environmentally friendly technologies;

c. facilitate the implementation of environmentally friendly product label;

d. facilitate the activities of the power and recycle; and e. to facilitate the marketing of the recycled products.
.,, (3) the perpetrator in carrying out business activities as intended in paragraph (1) using materials of production gives rise to waste as little as possible, can be re-used, recyclable materials, and/or easily parsed by natural processes.
.,, (4) the community in conducting waste reduction as referred to in paragraph (1) using materials that can be used, recycled, and/or easily parsed by natural processes.
.,, (5) further Provisions regarding waste reduction as referred to in paragraph (1), subsection (2), subsection (3), and subsection (4) is set by government regulations.
Article 21 (1) the Government gives:.,, a. incentive to any person who commits waste reduction; and b. the disincentive to any person who does not do waste reduction.
.,, (2) further Provisions regarding the types, forms, and procedures for the granting of incentives and disincentives as referred to in subsection (1) is set by government regulations.
The second paragraph of section 22. Waste Handling,, (1) waste handling Activities as referred to in article 7 letter b include:.,,.,, a. sorting in the form of grouping and separation of waste in accordance with the type, amount, and/or the nature of litter;
.,, b. collection in the form of retrieval and removal of waste from the garbage to a temporary shelter or integrated garbage processing place;
.,, c. carriage in the form of bringing garbage from the source and/or temporary shelter from trash or integrated garbage processing place from heading to the place of final processing;
.,, d. processing in the form of changing characteristics, composition, and the amount of garbage; and/or, e.., final processing waste in the form of refunds of junk and/or residues of previous processing results to the media in a safe environment.
.,, (2) the provisions on the handling of waste as referred to in subsection (1) is set by government regulations and/or local regulations in accordance with those powers.
The second part of specific waste management Article 23 (1) of specific waste management is the responsibility of the Government.
.,, (2) further Provisions regarding specific waste management as referred to in subsection (1) is set by government regulations.
CHAPTER VII FINANCING is considered Part of the financing and COMPENSATION Article 24.,, (1) the Government and the local government is obliged to finance the holding of waste management.
.,, (2) the financing as referred to in paragraph (1) sourced from State budget income and expenditure as well as revenue and budget shopping area.
.,, (3) further Provisions on the financing as referred to in paragraph (1) and paragraph (2) is set by government regulations and/or local regulations.
The second part of article 25 Compensation.,, (1) the Government and the local government are singly or together can give compensation to the person as a result of the negative impact brought about by the activities of handling garbage in the place of final processing waste. (2) the compensation referred to in paragraph (1) be:.,, a. relocation;

b. restoration of the environment;

c. the cost of healthcare and treatment; and/or d. compensation in other forms.
.,, (3) further Provisions regarding the negative effects and compensation as referred to in paragraph (1) and paragraph (2) is set by government regulations.
.,, (4) the provisions concerning the granting of further compensation by the local authorities as referred to in subsection (1) is set by government regulations and/or local regulations.
CHAPTER VIII COOPERATION and PARTNERSHIP is considered part of the Interregional Cooperation Article 26.,, (1) the local Government can conduct the intergovernmental cooperation in the conduct of regional waste management.
.,, (2) the cooperation referred to in paragraph (1) can be realized in the form of cooperation and/or waste management joint venture creation.
.,, (3) further Provisions regarding the guidelines for cooperation and interregional joint venture form referred to in subsection (1) is set in a regulation of the Minister of Government Affairs which hosts in the country.
The second part of the partnership article 27.,, (1) local government districts/cities in singly or together can partner with business entities in implementing waste management waste management.
., (2) Partnerships, as referred to in paragraph (1) applied in the form of an agreement between the local government counties/cities and businesses are concerned.
.,, (3) the procedures for the implementation of the partnership as referred to in paragraph (2) is conducted in accordance with the legislation.
CHAPTER IX the ROLE SOCIETY Article 28.,, (1) the community can play a role in waste management which was held by the Government and/or regional governments. (2) the role referred to in paragraph (1) may be made through:.,,.,, a. granting proposal, consideration, and advice to the Government and/or regional Governments; b. waste management policy formulation; and/or c. allotment advice and opinions in the settlement of disputes persampahan.
.,, (3) further Provisions on the form and role of the community as referred to in paragraph (1) and paragraph (2) is set by government regulations and/or local regulations.
CHAPTER X of the PROHIBITION of article 29 (1) any person is prohibited:.,, a. Insert garbage into the territory of the unitary State of Republic of Indonesia;

b. import the Junk;

c. mix the waste with hazardous waste and toxic;

d. manage the garbage causing pollution and/or destruction of the environment;

e. dump is not at the place specified and provided;., f. waste handling disposal with conducting open in place of final processing; and/or, g.., burning garbage that does not comply with the technical requirements of waste management.
.,, (2) further Provisions regarding the prohibition referred to in paragraph (1) letter a, letter c, letter d and regulated by government regulations.
.,, (3) further Provisions regarding the prohibition referred to in paragraph (1) letter e, letter f, letter g and regulated by applicable local district/city.
.,, (4) the applicable local County/City referred to in subsection (3) may set criminal confinement or fines against the infringement of the provisions referred to in paragraph (1) letter e, letter f, and the letter g.
CHAPTER XI, article 30 SUPERVISION, (1) the supervision against waste management policies by local authorities is carried out by the Government.
.,, (2) the supervision of the implementation of waste management at the kabupaten/kota level is done by the Governor.
Article 31.,, (1) the supervision against the implementation of waste management performed by the provider of the waste carried out by local authorities, either singly or collectively.

.,, (2) the supervision carried out by the local authorities as referred to in subsection (1) is based on the norms, standards, procedures, and criteria which are set by the Government.
.,, (3) the provisions on supervision of waste management as referred to in subsection (1) is subject to the rule of the region.
CHAPTER XII ADMINISTRATIVE SANCTIONS Article 32.,, (1) the Bupati/walikota can apply administrative sanctions to the trash Manager in violation of the provisions set out in the licensing requirements. (2) administrative Sanctions referred to in paragraph (1) can be:.,, a. coercion of Government;

b. forced money; and/or c. revocation.
.,, (3) the provisions concerning the implementation of further administrative sanctions referred to in paragraph (1) and paragraph (2) subject to the regulations of the regional district/city.
CHAPTER XIII DISPUTE SETTLEMENT Part One General Article 33 (1) Disputes that can arise from waste management consists of:.,, a. disputes between local governments and waste managers; and b. the dispute between junk and Community Manager.
.,, (2) dispute resolution referred to in subsection (1) may be made through settlement out of court or through the courts.
.,, (3) dispute resolution referred to in subsection (1) and paragraph (2) was carried out in accordance with the legislation.
The second part of the resolution of disputes outside of the Court Article 34.,, (1) dispute resolution outside the Court carried out with mediation, negotiation, arbitration, or other options from the parties to the dispute.
.,, (2) if in the resolution of disputes outside of the Court referred to in subsection (1) not reached an agreement, the parties to the dispute may submit them to the Court.
The third part of dispute resolution in the Courts of article 35.,, (1) dispute resolution persampahan in court is done through lawsuits in tort law.
.,, (2) the suit in tort law as referred to in paragraph (1) requires the plaintiff to prove the elements of fault, loss, and the relationship between the causal Act and the harm caused.
.,, (3) the requirement in tort lawsuits as stipulated in paragraph (2) may be intangible damages and/or a specific action.
The fourth part Lawsuit Article 36 Community were harmed due to the tort law in the field of waste management has the right to file a lawsuit through a representative of the group.

Part five the right to sue the Organization Persampahan Article 37.,, (1) the Organization persampahan has the right to file a lawsuit for the sake of safe waste management for human health and the environment.
.,, (2) the rights to file a lawsuit as referred to in subsection (1) is limited to the requirement to perform a specific action, unless the cost or expense of real.
.,, (3) persampahan the Organization has the right to file a lawsuit as referred to in subsection (1) must meet the requirements:.,, a.-shaped body of law;

b. have a basic budget in the field of waste management; and, c.., have been doing real activities of at least 1 (one) year in accordance with the budget of the Foundation.
CHAPTER XIV INVESTIGATION Article 38.,, (1) in addition to the investigating police officials of the Republic of Indonesia, officials of certain civil servants in the environment of government agencies that the scope of the duties and responsibilities for the management of persampahan special investigators authorized as referred to in the law of criminal procedure.
.,, (2) civil servant Investigators as intended in paragraph (1) are authorised:.,,.,, a. checks over the truth of the reports or information concerning a criminal offence in the field of waste management;
.,, b. checks against people suspected of committing criminal acts in the field of waste management;
.,, c. requesting information and evidence of the person with regard to the events of the crime in the field of waste management;
.,, d. checks over the bookkeeping, records, and other documents with regard to criminal acts in the field of waste management;
.,, e. checks on specific places that allegedly contained evidence, bookkeeping, record keeping, and other documents as well as spoorweg materials and merchandise proceeds of crime that could be used as evidence in a criminal offence in the field of waste management; and, f.., ask for expert help in the implementation of the tasks of investigation criminal acts in the field of waste management.
.,, (3) the investigating officials of the civil servant referred to in subsection (1) notify the commencement of the investigation and the results of penyidikannya to the investigating police officials of the Republic of Indonesia.
.,, (4) the investigating officials of the civil servant referred to in subsection (1) to convey the results of the investigation to the public prosecutor's Office Police Officials through the Republic of Indonesia.
CHAPTER XV-CRIMINAL PROVISIONS Article 39.,, (1) any person who is unlawfully enter and/or import of household garbage and/or similar waste household waste into the territory of the unitary State of Republic of Indonesia was threatened with imprisonment most short 3 (three) years and the longest 9 (nine) years and a fine of at least Rp RP 100,000,000 (one hundred million rupiah) and Rp 3,000,000,000 most entrance (three billion dollars).
.,, (2) any person who is unlawfully enter and/or import waste specific to the territory of the unitary State of Republic of Indonesia was threatened with imprisonment the shortest four (4) years and the longest 12 (twelve) years and a fine of at least rp200 (two hundred million rupiah) and RP 5 billion to Rp most (five billion dollars).
Article 40.,, (1) trash Manager that is against the law and intentionally do waste management activities with no regard for the norms, standards, procedures or criteria that can lead to disorders, disorders of public health safety, environmental pollution, environmental destruction and/or threatened with imprisonment the shortest four (4) years and the longest 10 (ten) years and a fine of at least Rp RP 100,000,000 (one hundred million rupiah) and Rp 5 billion at most b (five billion dollars).
.,, (2) If criminal offence referred to in subsection (1) result in dead or wounded, Manager of junk threatened with imprisonment the shortest 5 (five) years and the longest 15 (fifteen) years and a fine of at least Rp RP 100,000,000 (one hundred million rupiah) and RP 5 billion to Rp most (five billion dollars).
Article 41.,, (1) the person who manages the Trash because the kealpaannya waste management activities with no regard for the norms, standards, procedures or criteria that can lead to disorders, disorders of public health safety, environmental pollution, environmental destruction and/or threatened with imprisonment of not longer than three (3) years and a maximum fine of Rp RP 100,000,000 (one hundred million rupiah).
.,, (2) If criminal offence referred to in subsection (1) result in dead or wounded, Manager of junk threatened with imprisonment not more than 5 (five) years and a maximum fine of Rp RP 500.000.000,-(five hundred million rupiah).
Article 42.,, (1) a criminal offence is considered as criminal acts of the Corporation if the criminal act in question was done in order to achieve the Corporation's objectives and performed by authorized administrators take decisions on behalf of the Corporation or the Corporation to represent legal or do have the authority to control and/or oversee the Corporation.
.,, (2) If criminal offence referred to in subsection (1) is conducted by or on behalf of the Corporation and the people, both based on the working relationship or other relationship based on that act in the corporate environment, criminal charges and criminal sanctions meted out to those who act as leaders or who gave the order, without considering whether the person in question, either on the basis of the working relationship or other relationship, do the crime are alone or together.
.,, (3) if the claims made against the Corporation, the call to appear and surrender the summons addressed to the Executive Board at the address of the Corporation or at the administrators do the work anyway.
.,, (4) if the claims made against the Corporation at the time the prosecution is represented by instead of administrators, the judge may order the administrators so that it faces its own Court.
Article 43 the crime as stipulated in article 39, article 40, article 41, Article 42 and is a crime.

CHAPTER XVI TRANSITIONAL PROVISIONS Article 44.,, (1) local governments should make planning the closure of a place of final processing waste using exhaust system open the longest one (1) years counted since the enactment of this Act.
.,, (2) local governments should close the place of final processing waste disposal system that uses open 5 (five) years counted since the enactment of this Act.
Article 45 settlement area Manager, commercial areas, industrial areas, special areas, public facilities, social facilities, and other facilities that do not yet have a garbage sorting facilities at the time of promulgation of the Act is obliged to establish or provide on-site sorting of garbage is the longest one (1) year.

CHAPTER XVII miscellaneous PROVISIONS Article 46 specific to the area of the province of Jakarta, the provisions referred to in article 9 paragraph (1) and paragraph (2), article 27 paragraph (1) and paragraph (2) of article 29, paragraph (3) and subsection (4), and Article 32 is the local government authority of the province.

CHAPTER XVIII the CLOSING PROVISIONS Article 47.,, (1) Government regulations and ministerial regulation that mandated the Act is completed at the latest 1 (one) years counted since the Act is enacted.

.,, (2) local regulations that mandated the Act is completed the longest 3 (three) years counted since the Act is enacted.
Article 48 at the time of the enactment of this Act all legislation relating to waste management which has been there remains valid along does not conflict with the provisions of this Act.

Section 49 of this Act comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this legislation with its placement in the State Gazette of the Republic of Indonesia.

.,, Enacted in Jakarta on May 7, 2008 The PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on May 7, 2008 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, STATE GAZETTE SUPPLEMENTARY MATTOANGIN RI No. 4851 (explanation of the 2008 State Gazette Number 69) EXPLANATION for the law of the Republic of INDONESIA number 18 in 2008 ABOUT WASTE MANAGEMENT i. General. , The population of Indonesia is great with high growth rates resulted in the increase of the volume of waste. In addition, the Community consumption patterns contribute to inflict the kind of junk that is increasingly diverse, among other things, packaging waste that is dangerous and/or difficult cleaved by natural processes.
., This, for the most part the community is still looking at trash as the rest of the items are not useful, not as a resource that needs to be utilized. The community in managing the garbage is still resting on the approach to the end (end-of-pipe), the garbage is collected, transported, and disposed of to the place of final processing waste. Whereas, middens with big volume in the location where the final processing waste gas removing potentially methane (CH4) which can increase emissions of greenhouse gases and contribute to global warming. In order to make middens can break down through natural processes required a long period of time and required treatment with a huge cost.
., Waste management Paradigm, which is based on the approach of the end of it's time was abandoned and replaced by a new paradigm of waste management. New paradigm of looking at waste as a resource that has economic value and can be used, for example, for energy, compost, manure or for the raw materials industry. Waste management is carried out by a comprehensive approach from upstream, since before produced a product that could potentially become garbage, right down to the lower reaches, in the phase of products already in use so that it becomes waste, which is then returned to the media in a safe environment. Waste management with the new paradigm is done with and handling waste reduction activities. Waste reduction activities include restrictions, reusing, and recycling waste handling activities, while covering the collection, sorting, transporting, processing and final processing.
Article 28 h, paragraph (1) of the Constitution of the Republic of Indonesia in 1945 entitles everyone to earn a good living environment and healthy. The mandate of the Constitution provide the consequences that the Government is required to provide public services in waste management. It took the legal consequences that the Government is authorized and responsible in the field of waste management operations management though it can partner with businesses. In addition, persampahan organizations and community groups engaged in the persampahan can also been include in waste management activities.
.,, In order to organize waste management are integrated and comprehensive, the fulfillment of the rights and obligations of the community, as well as the duties and authorities of the Government and local governance to carry out public service, necessary legal umbrella in the form of legislation. Waste management legal arrangements in the Act is based on the principle of responsibility, the principle of sustainable, basic benefits, principles of Justice, principle of consciousness, principles of community, the basic principle of safety, security, and the basis of economic value.
.,, Based on the thought of as described above, the formation of legislation is necessary in order to:.,, a. legal certainty for the people to get a good waste management services and environmentally;
., assertiveness, b. about prohibition of entering and/or importing waste into the territory of the unitary State of Republic of Indonesia; c. orderliness in implementing waste management;., d., clarity, authority, duties and responsibilities of the Government and local governance in the management of waste; and, e. the clarity between the sense of waste is regulated in this law and understanding waste as set forth in the law on environmental management.

II. For the SAKE of ARTICLE ARTICLE article 1., pretty clear, article 2, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3),, is a type of waste household waste is waste that does not originate from households.

The commercial area in the form of, among other things, trade, markets, shops, hotels, offices, restaurants, and entertainment venues.

The industrial area is a place of concentration of industrial activity which is equipped with the infrastructure and means of support are developed and maintained by the company in the industrial area that has possess business license industrial area.

A special area is a region that is specifically used for the benefit of national/national scale, for example, the heritage area, National Park, the development of strategic industries, and development of high technology.

Social facilities in the form of, among other things, houses of worship, orphanages, and workhouses.

Public facilities in the form of, among other things, a public transport terminal, railway stations, sea ports, airports, public transport stops, parks, roads, and sidewalks.

That includes other facilities that are not included in the commercial, industrial, special areas, social facilities, public facilities, among others, the House of the custody, correctional institutions, hospitals, clinics, community health centres, district education, district tourism, bonded area, and Sports Center. Subsection (4), quite obviously, subsection (5), article 3 sufficiently clear,.,, is the principle of "responsibility" is that the Government and local Governments had the responsibility of waste management in realizing the rights of the community towards the environment is good and healthy, as mandated in article 28 h of paragraph (1) of the Constitution of the Republic of Indonesia in 1945.

What is meant by the principle of "sustainable" is that waste management is carried out using methods and techniques that are environmentally friendly so that it does not cause any negative impact on public health and the environment, both in the present generation and generations to come.

What is meant by the principle of "benefit" is that waste management is necessary to use an approach that considers the waste as resources that can be utilized to meet the needs of the community.

What is meant by the principle of "justice" is that in waste management, the Government and the local authorities provide the same opportunity to the community and the business world to be active in waste management.

What is meant by the principle of "consciousness" is that in waste management, the Government and the local Government encourages everyone to have attitude, awareness, and awareness to reduce and handle the garbage it produces.

What is meant by the principle of "togetherness" is that waste management was organized by involving the entire stakeholders.

What is meant by the principle of "safety" is that waste management must ensure the safety of human beings.

What is meant by the principle of "security" is that waste management must ensure and protect the community from a variety of negative effects.

What is meant by the principle of "economic value" is that waste is a resource that has an economic value that can be utilized so that gives added value.

Article 4, article 5, it is clear enough, clear enough, article 6, letter a, letter b, clear enough, clear enough, Letter c, letter d, clear enough, clear enough, the letter e., garbage processing, results, for example in the form of compost, manure, biogas, energy potential, and other recycling results. The letter f, letter g, is quite clear, quite clearly, article 7, article 8, clear enough, clear enough, article 9, paragraph (1), letter a, letter b, pretty clear., Providence, waste management, among others, in the form of the provision of shelters are garbage, waste transport tools, temporary shelter, sanitation, integrated place and/or place of final processing waste. The letter c, letter d, clear enough, clear enough, the letter e, letter f, is quite clear, quite obviously, subsection (2), quite obviously, subsection (3), it is pretty clear, article 10, article 11, clear enough, clear enough, article 12, Article 13 clearly, simply, settlement in the Area, covering the area of the settlement in the form of clusters, apartments, condominiums, dormitories, and the like.

Parsing facilities provided are put at an easily accessible place in the community.

Article 14, for certain products, which due to the size of the packaging does not allow labeling or markings, placement of labels or marks can be noted on the packaging.

15. Article,, is the managing of packaging in the form of withdrawal packaging for recycled and/or used.

Article 16, article 17, pretty clear., paragraph (1), quite obviously, subsection (2), the scope of the permissions that are set by the Government, among other things, the requirement to obtain a permit, a period of permission, and the expiry of the permit. Paragraph (3), it is pretty clear, Article 18, article 19, clear enough, clear enough, article 20, paragraph (1), quite obviously, subsection (2), the letter a

.,, The Government set a policy so that producers reduce waste by using materials that can be easily parsed or by natural processes. These policies form the setting number and percentage reduction in the use of materials that can not or difficult to unravel by natural processes within a certain period. The letter b., eco-friendly technology is a technology that can reduce garbage timbulan since the beginning of the production process. The letter c, letter d, clear enough, clear enough, the letter e., quite obviously, subsection (3), the intended production material, in terms of a variety of raw materials, auxiliary, supplementary materials, or product packaging. Subsection (4), quite obviously, subsection (5), clear Enough, chapter 21, paragraph (1), letter a, for example, could be given Incentives to manufacturers that use the materials production that can be easily parsed or by the process of natural and environmentally friendly. The letter b, for example, imposed a disincentive to manufacturers that use the materials of difficult production cleaved by natural processes, used, and/or recycled, and not environmentally friendly. Subsection (2), clearly Enough, section 22, paragraph (1), a., trash, sorting is done by methods that meet the requirements of the safety, health, environment, comfort, and cleanliness. The letter b, Letter c, clear enough, clear enough, the letter d, Processing, in the form of changing characteristics, composition, and the number of rubbish bins are intended to be processed further, utilized, or returned to the media environment is safe for humans and the environment. The letter e., quite obviously, subsection (2), Article 23 is quite clear, quite obviously, section 24, Article is quite clear, 25, paragraph (1), Compensation is a form of accountability of Government towards waste management in place of final processing that negatively impact people. Subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), Article 26, clear enough, clear enough, article 27, Article 28, clear enough, clear enough, Article 29, paragraph (1), quite obviously, subsection (2), things are arranged in a government regulation contains, among others, the type, volume and/or characteristics of the waste. Paragraph (3), quite obviously, subsection (4), is quite clear, article 30, article 31 clearly, enough, clear enough, Article 32, paragraph (1), quite obviously, subsection (2).,, letter a., of Government Coercion, constitute a legal action undertaken by the local Government to restore environmental quality in its original state with the cost burden borne by the provider of the junk that does not comply with the provisions in the legislation. The letter b., forced, money is the money that must be paid in certain amount by waste managers who violate the provisions in laws and regulations in lieu of execution of sanctions and coercion of the Government. The letters c, a, pretty clear paragraph (3), Article is quite clear, 33, paragraph (1), persampahan, the dispute is a dispute between two or more parties posed by the presence or suspected presence of interference and/or loss against public health and/or environmental waste management activities. Subsection (2), quite obviously, subsection (3), Article is quite clear, 34, paragraph (1).,, persampahan dispute resolution outside the Court held to reach agreement on the shape and magnitude of the damages and/or regarding certain actions in order to guarantee it will not the occurrence or recurrence of the negative impact of waste management activities. Subsection (2), Article is quite clear, 35, subsection (1), quite obviously, subsection (2), quite obviously, subsection (3),, is a specific action in this verse, among other things, the command to install or repair the infrastructure and means of waste management.

36. Article, lawsuit, made through the filing of a lawsuit by one or more persons representing themselves or represent groups.

Article 37, paragraph (1), persampahan, an organization is a group of people that formed over the will and desires of its own in the middle of the community that the purposes and activities covering the areas of waste management. Subsection (2),, is a cost or expenditure is real costs which significantly can be proven to have been issued by the Organization persampahan. Paragraph (3), Article 38, clear enough, clear enough, Article 39, article 40 is quite clear, quite clearly, Article 41, Article 42, clear enough, clear enough, Article 43, Article 44. Quite clearly, clearly Enough, Article 45, Article 46, clear enough, clear enough, Chapter 47, Article 48, clear enough, clear enough, Article 49.,, is quite clear