Key Benefits:
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GRESIK COUNTY GOVERNMENT
REGULATION OF GRESIK COUNTY COUNTY
NUMBER 9 2010
ABOUT
WASTE MANAGEMENT
WITH THE GRACE OF THE ALMIGHTY GOD
BUPATI GRESIK
Draw: a. that additional population and consumption patterns change
society gives rise to more volume, type, and
of the more diverse litter characteristics;
b. that waste management has not been compatible with
insightful junk management methods and techniques
the environment thus poses a negative impact on
community health and environment;
c. that junk has been a problem in Gresik County
so that its management needs to be done in a comprehensive and
unified upstream to provide the benefits
the economy, healthy for the community, and safe for the environment, and
can change community behavior;
d. that in the management of the waste required legal certainty,
the clarity of responsibility and authority of the local government,
as well as the role of society and the business world so that management
the trash can run proportionally, effective, and efficient;
e. that based on consideration as specified in
the letters a, the letter b, the letter c, and the letter d need to be specified Regulation
The area about the Waste Management;
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Given: 1. Law Number 12 Year 1950 about the Establishment
Daerah-County District in East Java Propinsi Neighborhood
(State Sheet 1950 Number 19, Extra Sheet
Country Number 2930);
2. Law No. 8 of 1981 on the Book of Invite-
Invite the Laws of the Criminal Event (Republican Gazette
Indonesia In 1981 Number 76, Extra State Sheet
Republic of Indonesia Number 3209);
3. Law No. 4 of 1992 on Housing and
Settlement (sheet of state of the Republic of Indonesia in 1992
number 23, Additional Gazette of the Republic of Indonesia
Number 3469);
4. Law Number 10 Year 2004 on Establishment
Regulation Negotiations (Republican Gazette
Indonesia Year 2004 Number 53, Additional State Sheet
Republic Indonesia Number 2930);
5. Law No. 32 of the Year 2004 on Governance
Regions (State Gazette of 2004) Number
125, Additional Gazette Republic of Indonesia Number
4437) as it has been amended with Invite-
Invite Number 12 of 2008 on the Second Amendment
Act No. 32 of 2004 on Governance
Regions (State Sheet of the Republic of Indonesia 2008 number
59, Additional Gazette Republic of the Republic Indonesia Number 4844);
6. Act Number 26 Of 2007 On The Set Of Space
(sheet Of State Of The Republic Of Indonesia Year 2007 Number 68,
Additional Sheet Of Republic Of Indonesia Number 4725);
7. Law Number 18 Of 2008 On Management
Rubbish (sheet Of State Of The Republic Of Indonesia 2008 Number
69, Additional Gazette Republic Of Indonesia Number 4851)
8. Law Number 32 Of 2009 On Protection
And The Management Of The Environment (republican Gazette
Indonesia Year 2009 Number 140, Additional Sheet Of State
Republic Indonesia Number 5059)
9. Government Regulation Number 27 of 1983 on Implementation
Law No. 8 Year 1981 on the Book of Invite-
Invite the Criminal Event Law (Republic State Sheet
Indonesia Year 1983 Number 36, Additional Sheet of State
Republic of Indonesia Number 3338) ;
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10.Regulation Government Number 18 Year 1999 on Management
Waste of hazardous materials and Toxic Substances (state Sheet
Republic Indonesia Year 1999 Number 31, Extra Sheet
State Republic Indonesia Number 3815) as it has been
amended with Government Regulation No. 85 of 1999
on Changes to Government Regulation No. 18 Year
1999 on Hazardous Waste Management and Toxation
(State Sheet) Republic Of Indonesia In 1999 Number 32,
Additional Sheet Of State Of The Republic Of Indonesia Number 3910);
11. Government Regulation No. 79 of 2005 on Guidelines
Coaching and Supervision Governing
Area (State Sheet Of Republic Of Indonesia Year 2005 Number
165, Additional Sheet Republic Of Indonesia Number 4593);
12.2007 Government Regulation Number 38 Year 2007 on Partition
Government Affairs between Government, Local Government
Province and Local Government/City (Sheet
State of the Republic of Indonesia Year 2007) Number 82, additional
sheet of state of the Republic of Indonesia No. 4737);
With Joint Approval
THE GRESIK COUNTY COUNTY PEOPLE ' S REPRESENTATIVE COUNCIL
and
BUPATI GRESIK
DECIDED:
SET: THE AREA REGULATIONS ON WASTE MANAGEMENT.
BAB I
provisions Of UMUM
Parts Kesatu
Definition
Section 1
In This Region Regulation referred to:
1. The Local Government is the Regent and the Regional Devices as
Local Government Organizing elements;
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2. Bupati is a regent of Gresik;
3. Garbage is the rest of everyday human activities and/or processes
a solid-shaped nature.
4. Specific bins are junk that is due to its nature, concentration,
and/or volume requires special management.
5. The source of the trash is the origin of the waste timmoon.
6. Garbage-producing is any person and/or due process
nature that produces a waste timmoon.
7. Waste management is a systematic, thorough,
and continuous activity that includes subtraction and
trash handling.
8. Temporary shelter is a place before garbage
transported to the reuse, processing, and/or place
integrated garbage processing.
9. An integrated garbage processing place is where
is a collection of collection activities, logging, use
reuse, reprocessing, processing, and final processing
trash.
10.The final processing place is the place to process and
return the trash to the environmental media safely for
humans and the environment.
11.Compensation is the reward for the affected person
negative impact incurred by handling activities
trash at the end of the trash processing place.
12.People are individuals, groups of people, and/or
legal entities.
13.System of emergency response is a series of activities that
are carried out in a control frame that includes prevention
and mismanagement of the crash due to the trash management that
is not true.
The Second Section of the Scope
Section 2
(1) The garbage managed under this Regional Regulation is composed
top:
a. Household trash;
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b. garbage types of household trash; and
c. trash specific.
(2) The household trash as referred to in verse (1)
letters a derived from everyday activities in a household,
excluding tinja and trash specific.
(3) The garbage type of household trash as intended
in paragraph (1) the letter b comes from the commercial, region
industry, special area, social facilities, public facilities, and/or
other facilities.
(4) Specific garbage as referred to in paragraph (1) letter c
includes:
a . garbage containing hazardous and toxic materials;
b. junk co can
be:
a. Government coercion;
b. force money; and/or
c. revocation of permissions.
BAB XIII
SETTLEMENT DISPUTE
Part Kesatu
General
Section 33
(1) Disputes may arise from the management of the waste consist of:
A. dispute between local government and garbage management; and
b. dispute between the trash and community managers.
(2) The resolution of the dispute as referred to in paragraph (1)
may be done through a settlement outside the court or
through the court.
(3) Completion Disputes that are referred to in paragraph (1) and
paragraph (2) are implemented in accordance with the laws.
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Second Section
Dispute Settlement Beyond the Court
Article 34
(1) The resolution of the dispute outside the court is conducted with
mediation, negotiation, arbitration, or any other option of the parties
Disputed.
(2) If in the resolution 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.
Third Section
Dispute completion in Court
Article 35
(1) Settlement of the dispute over in court
is done through an action lawsuit against the law.
(2) The deed of action against the law as intended in
the paragraph (1) requires the plaintiff to prove the elements
errors, losses, and causal links between
deeds and losses incurred.
(3) The demands in the lawsuit acts against the law as
referred to a paragraph (2) may be changed loss and/or
specific actions.
Fourth Quarter
Group Representative Suit
Article 36
The people harmed by the deed against the law in the field
trash management is entitled to file a lawsuit through a representative
group.
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Fifth Part
Gugate Rights Organization rights
Article 37
(1) The waste organization is entitled to file a lawsuit for
safe waste management interests for health
the public and environment.
(2) The right to submit a lawsuit as referred to in paragraph (1)
is limited to charges for performing certain actions, except
the costs or expenses of the real.
(3) the entitled sampled organization submitted lawsuit
as referred to in paragraph (1) must meet the requirements:
a. the form of a legal entity;
b. have a base budget in the trash management field;
and
c. have done the most real activities of 1 (one) year
in accordance with its base budget.
BAB XIV
INQUIRY
Section 38
(1) in addition to Public Investigators, certain civil servants officials
in the local government environment whose scope of duty and liability
his answer in the area of the control management is authorized
specifically as an investigator as contemplated in the Invite-
Invite the Criminal Event Law.
(2) Investigators as referred to in paragraph (1) authorized:
a. Conduct an examination of the truth of the report or
description with regard to the criminal activity in the field
trash management;
b. conducting an examination of the alleged person
committing a felony in the trash management field;
c. requesting the description and evidence of the person with respect
with the event of a criminal conduct in the trash management field;
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d. Conduct checking, record, and
other documents with regard to criminal activity in the field
trash management;
e. doing checks in a specific place expected
there are evidence, bookkeeping, logging, and documents
other and seizure of materials and goods
a result of the crime that can be made evidence in the case
criminal acts in the trash management field; and
f. ask expert help in the execution of an investigation task
A felony in the garbage management field.
(3) The Civil Service Officer investigator referred to
on the paragraph (1) notifying the start of the investigation and results
The inquiry to the public investigator.
(4) The civil servant of the civil servant officials as intended
in paragraph (1) delivered the prosecution's results to the prosecution
in general via the public investigator.
BAB XV provisions CRIMINAL
Article 39
Any person committing a criminal offence:
a. inserts trash into the Republic of the Republic territory
Indonesia;
b. importing garbage;
c. mixing trash with hazardous and toxic waste;
d. Manage trash that causes pollution and/or
environment vandalism;
convicted of criminal penalties as the Invite-
Invite Number 18 of 2008 on Trash Management
Section 40
(1) Any person who dumps the trash is not at a place that
has been determined and provided, threatened with the most criminal confinement
old 3 (three) months or the most fines Rp. 100,000,-
(Hundred Thousand Rupiahs);
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(2) Any handling of garbage with disposal
open at final processing, threatened confinement
at least 3 (three) months or at least Rp. 500,000,-
(Limaratus Thousand Rupiah);
(3) Any person who burns trash does not match
the technical requirements of the waste management do handling
trash with open disposal in the the final processing place,
is threatened with a penultimate criminal confinement 3 (three) months or fine
most Rp. 500,000,-(Five hundred thousand Rupiah);
Article 41
The criminal Tindak as referred to in Article 40 is
violation.
BAB XVI
provisions TRANSITION
Section 42
Settlement region Manager, commercial area, region
industry, special areas, public facilities, social facilities, and other facilities
others that have not yet have a waste logging facility at the time
in the invitation of this Regional Regulation is mandatory to build or
provide the most durable waste facility 1 (one) year.
BAB XVI
CLOSING provisions
Article 43
At the time of the enactment of this Regional Regulation all the Regional Regulations
relating to the existing waste management
applies to the extent not in conflict with the provisions in
This Area Regulation.
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BAB XVII
provisions CLOSING
Article 44
This Regional Regulation is starting to apply at the date of the promulglement.
So that everyone knows it, ordered the invitters
The Regional Regulations this with its placement in the Sheet
The County of Gresik.
Set at Gresik
on July 7, 2010
BUPATI GRESIK
Ttd.
Dr. -KH. ROBBACH MA ' SUM, Drs, MM
Reundling at Gresik On the date: October 21, 2010
Plt. COUNTY COUNTY SECRETARY G R E S I K
Ttd
Ir. MOCH. NADJIB, The Young Main Pembina MM
Nip. 19551017 198303 1 005
LEAF SECTION OF GRESIK COUNTY 2010 NUMBER 9
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Article 28H paragraph (1) The Basic Law of the State of the Republic of Indonesia Year
1945 entitates everyone to obtain an environment
A good and healthy life. Mandate of the Basic Law
provides the consequence that the government is required to provide the services
public in the waste management. It carries legal consequences
that the government is a responsible and responsible party
in the area of waste management although operationally its management
can partner with the enterprise entity. In addition to the trash, and
community groups that move in the trash can also be included
include in the trash management activities.
In order to organize a unified waste management and
comprehensive, fulfillment of the rights and obligations of society, as well as duties and
the authority of the local government to carry out public services,
required a legal umbrella in the form of the Regional Regulations. Legal settings
trash management in this Regional Regulation based on principles
answer, continuous asas, asas benefit, asas justice, asas awareness, asas
togetherness, safety asas, security principle, and value asas economic.
Based on the thinking as described above, the establishment
This Regional Regulation is required in order:
a. a legal certainty for the people to get a management service
a good waste and an environment insightful;
b. Expediency about the prohibition of inserts and/or imports of garbage
into the territory of the Republic of Indonesia;
c. order in the holding of waste management;
d. Clarity of task, authority, and local government responsibilities
in the waste management; and
e. a clarity between the garbage notions set out in the Regional Regulations
this and the waste definition as set in the Act
about the Environmental Management.
II. ARTICLE BY SECTION
Article 1
Quite clear
Section 2
Verse (1)
Clear enough
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Verse (2)
Quite clear
Verse (3)
The one referred to as a household trash is trash
that does not come from a household.
The commercial area is, among other things, the center trade, markets, shops,
hotels, offices, restaurants, and entertainment venues.
The industrial area is the area where industrial activity
is equipped with developed infrastructure and development facilities
and managed by an industrial area company that has had a business permit
region industry.
Special areas are special areas that are used
for national/national interest, for example, reserve area
culture, national parks, strategic industrial development, and development
High technology.
The social facilities are, among other things, houses of worship, orphanages, and orphanages
social.
The general facility is, among other things, public transit terminals, railway stations,
seaports, air ports, public vehicle stops,
parks, roads, and sidewalks.
Which includes other facilities that are not including commercial areas, regions
industries, special areas, social facilities, public facilities among other houses
prisoners, correctional institutions, hospitals, clinics, health centers
communities, education areas, regions tourism, the binded region, and
the center of sports activities.
Verse (4)
Clear enough
Verse (5)
Quite clear
Section 3
The principle of "responsibility" is that the local government
has a waste management responsibility in realizing the right
society against a good and healthy living environment as
mandated in Article 28H paragraph (1) of the Constitution of the Republic of the Republic
Indonesia Year 1945.
The meaning of "continuous" asas is that waste management
is done using environmentally friendly methods and techniques
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so it does not cause a negative impact on public health and
the environment, both in the current generation and in the future generation
comes.
Which means the "benefit" principle is that waste management needs
using an approach that considers junk as a resource that
can be utilized to meet the needs of the community.
Which is referred to with the principle of "fairness" is that in the management of
trash, the local government provides the same opportunity to
the community and the business world to play actively in the management of
trash.
The principle referred to as "awareness" is that in management
trash, the local government encourages everyone to have an attitude,
concern, and awareness to reduce and handle the garb dle of the community whose purpose and
activities include the area of waste management.
Verse (2)
Which is referred to the cost or real expenses are fees that are
real can be proven to have been issued by the organization
Verse (3)
Quite clear
Article 38
Clear enough
Article 39
Quite clear
Article 40
Quite clear
Article 41
Quite clear
Article 42
Quite clear
Article 43
Clear enough
Article 44
Quite clear
Article 5
Pretty clear
Section 6
Letter a
Quite clear
The letter b
Quite clear
The letter c
Pretty clear
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Letter d
Quite clear
Font e
Trash processing, for example, compost, fertilizer, biogas, potential
energy, and other recycled results.
The letter f
Quite clear
Clear enough
Article 7
Pretty clear
Article 8
Quite clear
Article 9
paragraph (1)
Font a
Quite clear
The letter b
The management of the trash, among others, is provisioning
garbage shelter, junk transport, shelter
temporary, venue Integrated trash processing, and/or place
end processing of junk.
Font c
Pretty clear
font d
Quite clear
Font e
Clearly enough
Verse (2)
Quite clear
Verse (3)
Clearly
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Article 10
Pretty clear
Article 11
The settlement area includes residential areas in the form of a claster,
apartments, condominiums, dormitory, and the like.
The storage facility provided is placed at an easy place
reached by the public.
Article 12
For a particular product due to the size of its packaging does not allow
listing a label or sign, placement of a label or a sign can be listed
on its parent packaging.
Article 13
Which is referred to managing the packaging In the form of a package recall
to be recycled and/or reused.
Section 14
Pretty clear
Section 15
Verse (1)
Quite clear
paragraph (2)
The licensing scope set by the Government, Include the requirements
to obtain permissions, permissions, and expiry.
Verse (3)
Pretty Clear
Article 16
Pretty clear
Article 17 is pretty clear
Article 18
Quite clear
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Article 19
Quite clear
Article 20
Verse (1)
Quite clear
paragraph (2)
Letter a
Local government sets policy for manufacturers to reduce
junk in a way using materials that can or easily be parsed
by natural processes. The policy is to set the number and
percentage reduction in the use of unusable or difficult material unraveling
by the natural process within a given timeframe.
The letter b
The eco-friendly technology is technology that can reduce
timmonth waste since the beginning of the production process.
The c.
Pretty clear
The d
It is pretty clear
The letter e
Quite clear
Verse (3)
The production materials in this provision are the raw materials, materials
help, additional materials, or product packaging.
Verse (4)
Quite clear
Verse (5)
Quite clear
Section 21
Verse (1)
The letter a
The Incentive may be provided for example to the manufacturer using
a production material that can or easily parse by nature and friendly process
environment.
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The letter b
Disincentive is charged for example to a manufacturer using materials
a production that is difficult to parse by natural processes, reworked, and/or recycled
re, as well as inhospitable environment.
Verse (2)
Clear enough
Section 22
Verse (1)
Letter a
The waste is done by the method that meets the requirements
security, health, environment, comfort, and hygiene.
The letter b
Quite clear
Font c
Pretty clear
Letter d
Processing in form changes The characteristics, composition, and amount
of the trash are intended to be further processed, utilized,
or returned to the environmental media safely for humans and
the environment.
Letter e
Clearly enough
Verse (2)
Quite clear
Verse (3)
Quite clear
paragraph (4)
Quite clear
Article 23
Quite clear
Article 24 Is clear enough
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Section 25 Verse (1)
Compensation is the form of government accountability and
local governments against waste management at the final processing place
that negatively impact people.
Verse (2)
Pretty clear
Verse (3)
Pretty clear
paragraph (4)
Quite clear
Article 26
Pretty clear
Article 27
Quite clear
Article 28
Quite clear
Article 29
Enough clear
Article 30
Pretty clear
Article 31
Quite clear
Article 32
Verse (1)
Clear enough
Verse (2)
Letter a
Paksaan regional government is an act of law which
is done by local government to restore environmental quality
in its original state with the load expenses incurred by the maintainer
trash that does not comply with the provisions in the perinvite regulations-
invitation.
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The letter b
The forced money is payable in a certain amount
by the trash maintainer who violates the provisions in the regulations
laws as a substitute for the execution of sanctions coercion
government.
The letter c
Clearly enough
Section 33 Verse (1)
Disputes dispute is a dispute between the two parties or more
incurred by the presence of or suspected of interference and/or loss
against public health and/or environment due to activities
trash management.
Verse (2)
Pretty clear
Verse (3)
Quite clear
Article 34
paragraph (1)
Completion dispute resolution outside of the court is held to
reach agreement on the form and magnitude of the damages And/or
regarding certain actions to ensure that it will not occur or
The reversion of the negative impact of the waste management activity.
Verse (2)
Quite clear
Section 35
Verse (1)
Quite clear
Verse (2)
Clearly
Verse (3)
The one referred to in this paragraph, among other things, commands
installing or repairing the infrastructure and the means of waste management.
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Article 36
The group representative suit is done through filing a lawsuit by one
the person or more that represents oneself or represents the group.
Article 37
Verse (1)
Organization The trash is a group of people formed upon
its own will and desires in the mid
