Legal Study of Plastic Waste Handling for Street food Business Actors
Abim Dwi Nugroho1,�
Dianita Utami2, Zahran Muhammad Ikhwan3, Endang
Sutrisno4,� Harmono5
Universitas Swadaya Gunung Jati, West Java, Indonesia
[email protected]1, [email protected]2,
[email protected]3,
[email protected]4,
[email protected]5
|
Keywords |
Abstract |
|
plastic waste, street
food, environment, Pemerintah Kota Cirebon |
In Cirebon City,
plastic waste is still an unresolved problem. With the increase in
population, there will be an increase in the volume of waste generated by
human activities. This study aims to determine the procedures for handling
plastic waste and the elements that influence the management of plastic waste
in the city of Cirebon. The type of research used is empirical juridical
research using qualitative data, initial research by examining secondary
data, then continued with research in the field or community. Research data
obtained through field observations or obtained through interviews. This
research looks at written legal products such as Law Number 18 of 2008
concerning Waste Management, and Cirebon City Regional Regulation Number 4 of
2018 concerning Waste Management. Research on this issue is carried out
descriptively analytically, explaining how written law can prevent
environmental pollution. Waste management is difficult to resolve due to lack
of awareness among business actors and insufficient socialization and efforts
from the government. Law No. 18/2008 contains administrative provisions,
civil liability, several rights to sue, and criminal sanctions. Regarding
administrative sanctions, the above regulation authorizes the regent/mayor to
impose administrative sanctions on waste managers who violate the provisions
stipulated in the permit. The sanctions given are in the form of government
coercion, forced money, and license revocation. |
Corresponding
Author: Abim Dwi Nugroho
E-mail:
[email protected]
INTRODUCTION
The use of
plastic has become part of the lifestyle of Indonesian people. Plastic is now
present in almost all aspects of human life, including food packaging, spoons,
forks, drink bottles, rice sacks, tote bags, children's toys, communications equipment
and military equipment (Suminto, 2017) . Food and
beverage packaging is the most widely used plastic product in Indonesia,
amounting to 80% of the total (Wahyudi, Prayitno, & Astuti, 2018) .
Indonesia
itself is the second largest waste producer in the world after China. This can
be seen from the large demand which always increases every year. In 2019, the
amount of plastic waste in Indonesia is estimated to reach 9.52 tonnes (Sutrisno et al., nd) . Plastic
waste is currently still a problem that is difficult to solve due to a lack of
awareness about the importance of keeping the environment clean and not leaving
rubbish scattered around (Farida, Arifin, Rahmawati, & Iwannudin, 2021) . Law Number
18 of 2008 concerning Waste Management stipulates that waste must not be thrown
carelessly (Nurikah, Jazuli, & Furqon, 2022) . These
locations include places such as roads, rivers, and other areas that are not
intended for waste disposal and the waste that has been collected must be
placed in integrated waste processing sites or temporary shelters (Purnomo, 2021) . Article 4
Paragraph 5 of the Cirebon City Regional Regulation Number 4 of 2018 also
states that "Every person who organizes a public crowd that results in the
generation of rubbish must be responsible for collecting the rubbish that comes
from the crowd."
Usually,
waste generation is generated by economic activities and has the potential to
cause environmental pollution. In Cirebon City itself, plastic waste is still
an unresolved problem (Triningsih, 2023) . With
increasing population, there will be an increase in the volume of waste
produced by human activities (Pramita & Morin, 2019) . What
differentiates street food from other types of street food clearly lies in the
way it is sold. Usually buyers of food sold by street vendors can enjoy the
food immediately or after a few minutes without having to cook it again (Sari, 2023) . Alternatively,
food is usually ready to eat and is usually sold on the roadside or in other
public places (World Health Organization, 1996). Based on Article 3 of Law
Number 18 of 2008 concerning Waste Management, the government and regional
governments are responsible for managing waste responsibly to ensure people's
rights to a good and healthy living environment. As a result, both traders and
buyers must be aware of the importance of cleaning and protecting the
environment from the above activities. Poor handling and management of plastic
waste will pollute the landscape, because unpleasant odours, increase flooding,
cause various diseases and pollute the environment.
This research
aims to determine procedures for handling plastic waste and the elements that
influence plastic waste management in Cirebon City. Also to find out what
anticipatory steps need to be taken in the future? This research can be
academically useful for changing waste management policies that should be
implemented by city governments, especially with regard to plastic waste
produced by street food businesses. Practically, this research can increase
understanding of how the DPR and DPRD supervise the Waste Management Law and
Cirebon City Regional Regulation No. 4 of 2018 concerning Waste Management.
RESEARCH
METHODS
The type of
research used is empirical juridical research using qualitative data, initial
research is by examining secondary data, then continuing by conducting research
in the field or community. Research data is obtained through observations in
the field being researched or obtained through interviews in the form of
information or facts, also known as data obtained from primary sources. In this
research, legal concepts are used as basic rules to study MSMEs and their
relationship with environmental pollution. This research looks at written legal
products such as Law Number 18 of 2008 concerning Waste Management, and Cirebon
City Regional Regulation Number 4 of 2018 concerning Waste Management. Research
on this issue was carried out descriptively and analytically, explaining how
written laws can prevent environmental pollution.
This research
was conducted using the interview method at the Cirebon City Environmental
Service (DLH), and in one of the street food areas in Cirebon City. The type of
data needed to know how to handle and manage plastic waste from street food
business actors by the managers or coordinators of these business actors and
the Cirebon City Environmental Service as well as the obstacles and solutions are
primary data and secondary data.
RESULTS
AND DISCUSSION
The state
uses the principle of state responsibility as the central point and reference
in environmental management and protection. The state plays an important role.
Therefore, in sustainable development, the state, government and all
stakeholders must protect and manage the environment to ensure that Indonesia's
environment remains a source and support for life for Indonesian people and
other living creatures. (a'delina, 2022)
Paradigm with
community participation (community-based management). Therefore, state
responsibility can be linked to the duties and functions of all apparatus
responsible for administering good government (Fetrimen, 2018) . Good
governance can only be achieved if the government in carrying out its functions
is guided by the concept of supremacy of law, which has the following five
characteristics:
1.
The government exercises its authority based on
the supremacy of law;
2.
The government guarantees legal certainty;
3.
The government must create responsive laws that
are able to absorb people's aspirations;
4.
The government must implement the law consistently
and non-discriminatorily through the creation of a mechanism for implementing
sanctions;
5.
The government must create and guarantee the
implementation of independent justice. If seen from the description above, the
principle of state responsibility is in continuity with the aim of law, namely
the theory of legal benefit.
Where according to Betham, the aim of the law is
to provide maximum benefit and happiness for as many citizens as possible (Aulia, nd) . Therefore,
this concept places profit as the goal of law. Measurement is the greatest
happiness for many people. This theory has the same goal, namely providing good
services for the welfare of society.
Law no. 18 of
2008 regulates domestic waste management on a national scale (Nurikah et al., 2022) . This
regulation explains the meaning of waste as the remainder of daily human
activities and/or natural processes in solid form, which can be utilized or is
still suitable/usable. What is included in waste is household waste, waste
similar to household waste, and specific waste. Regulation Law 18/2008 divides
domestic waste management into two parts, namely waste reduction and waste
handling. Waste reduction in question includes 3R activities (reduce, reuse,
recycle) on various waste sources such as household, commercial, public
facilities, and so on. (Yuneke, 2016) .
Waste
management is difficult to complete due to lack of awareness from business
actors as well as socialization and efforts from the government that have not
been optimal. Law Number 18 of 2008 contains administrative provisions, civil
liability, several rights to sue, and criminal sanctions (Krismansyah, Sjafari, & Widyastuti, 2017) . Regarding
administrative sanctions, the above regulation gives the authority to the
regent/mayor to impose administrative sanctions on waste managers who violate the
requirements stipulated in the permit. The sanctions given are government
coercion, forced money, and revocation of permits (Sisma, 2023) . The law
does not have provisions that explain further who is meant by a waste manager,
what requirements according to Law Number 18 of 2008 must be included in a
permit and what the procedures or sequence for imposing sanctions are. Further
provisions or explanations regarding these two things are very important
because they will be a measure of when sanctions will be imposed and what
sanctions will be imposed. Considering that most waste management activities
are currently in the hands of the government or institutions it has
established, the existence of administrative sanctions should also include
administrative sanctions that can be imposed on public officials or civil
servants. For this reason, the law should contain more detailed provisions
regarding procedures for imposing sanctions. Apart from that, Law Number 18 of
2008 also needs to be criticized because the administrative sanctions regulated
therein do not contain fines. This is very surprising because fines are
actually very well known in Indonesia and have been included in various
existing regional regulations related to waste management. Law Number 18 of
2008 also contains criminal sanctions for several crimes related to waste.
Waste crimes are broadly divided into two groups, namely material offenses and
formal offenses. For material offenses, criminal sanctions are provided for:
a) waste
managers who deliberately do not pay attention to waste management norms,
standards, procedures so that they disturb health, cause security disturbances,
or cause environmental pollution/damage; And
b) Waste
managers who, due to their negligence, do not pay attention to waste management
norms, standards, procedures, thereby harming health, causing security
disturbances, or environmental pollution/damage.
For formal offenses, Law No. 18 of 2008 provides
sanctions for:
a) every
person who unlawfully uses household waste and/or similar types of household
waste and
b) Any
person who unlawfully imports specific waste.
Thus,
regarding waste reduction and handling, Law Number 18 of 2008 only recognizes
material offenses, namely if an action has caused consequences.
When compared
with the criminal provisions according to Law no. 32 of 2009, which is
discussed in a separate chapter of this book, the criminal provisions in Law
no. 18 of 2008 is very minimal. In addition, considering that waste management
also includes the government (in fact, most waste management activities are
carried out by the government or its bodies), therefore, this criminal
provision needs to be explained in more detail so that we can be sure that
government officials or institutions will also be subject to sanctions. Criminal
if committing this criminal act. Therefore, the provisions regarding criminal
liability need to be explained in more detail. Unfortunately, we cannot find
this provision in Law Number 18 of 2008.
Minister of
Environment and Forestry Regulation Number 75 of 2019 concerning Roadmap for
Waste Reduction by Producers which regulates waste reduction by producers from
2020-2029. This regulation is a derivative of Law Number 18 of 2008 concerning
Waste Management as mandated in article 15.
Minimizing
plastic waste can be achieved through the use of products made from
biodegradable materials, and recycling and reusing plastic waste is a must. In
addition, recycling and reuse of waste must be accompanied by waste disposal
and the provision of storage facilities. Using the right materials alone is not
enough, producers have an obligation to plan, implement, monitor, evaluate and
report to minimize waste produced by producers. In addition, producers have an
obligation to educate consumers so they can play a role in reducing waste. The
government can also reward and publicize poor performance (reproach, embarrass)
producers. (Zero Waste Alliance, 2021)
The
government's efforts to handle waste include data collection through the
National Waste Management Information System (SIPSN). Apart from Law Number 18
of 2008 and Ministerial Regulation No. 75 of 2019 for regional level regarding
more detailed decisions and regulations. The Cirebon City Regional Government
also issued regulations and decisions. Regional Regulations are technical
regulations to implement laws and regulations issued by the central government,
both Government Regulations and Ministerial Regulations. This is mainly due to
regulations at the national level with slight changes to some parts of the
regulations and decisions to suit specific regions. Regulations and decisions
at the regional level are:
1.
West Java Governor Regulation Number 91 of 2018
Guidelines for Implementing West Java Province Regional Regulation Number 12 of
2010 concerning Waste Management. This decision regulates waste management so
that it meets the principles of responsibility and sustainability.
2.
Cirebon City Regional Regulation Number 5 of 2023
concerning Environmental Protection and Management. This decision regulates
efforts to overcome environmental problems in Cirebon City, it is necessary to
carry out integrated environmental control so that sustainable development is
environmentally sound.
3.
Cirebon City Regional Regulation Number 4 of 2018
concerning Waste Management. This decision regulates waste management in order
to improve public health, environmental quality, and make plastic waste an
economically useful resource.
There are
local regulations in the form of Cirebon City Regional Regulation Number 5 of
2023 concerning Environmental Protection and Management which regulates in
Article 3 Environmental Protection and Management is a systematic and
integrated effort carried out to preserve the function of the Environment and
prevent environmental pollution and/or damage. Life that includes:
a
planning;
b
utilization and maintenance;
c
environmental approval;
d
B3 waste management and non-B3 waste management;
control;
e
guidance and supervision;
f
procedures for applying administrative sanctions;
g
environmental dispute resolution;
h
environmental information system;
i
rights and obligations;
j
participation;
k
integrated environmental law enforcement team;
l
administrative fines; And
m Financing
Cirebon City
Regional Regulation No. 4 of 2018 concerning Waste management is carried out
and is the responsibility of the Regional City Government, the community and
agencies.
Waste
management consists of:
a
waste reduction; And
b
waste handling
The Mayor
determines City Regional policies and strategies in waste management. Regional
City policies and strategies in management include:
a
direction of waste reduction and handling
policies; And
b
Waste reduction and handling programs.
The program
must include
a
targets for reducing waste generation and prioritizing
waste types in stages; And
b
waste handling targets for each certain period of
time
In developing
regional strategic policies, cities must be guided by national policies and
strategies as well as provincial policies and strategies in waste management.
In addition to establishing policies and strategies, the Mayor also prepares
master plan documents and feasibility studies for managing household waste and
similar types of household waste. The master plan as intended in paragraph (1)
contains at least:
a
limiting waste generation;
b
waste recycling;
c
waste utilization;
d
waste sorting;
e
waste collection;
f
garbage transport;
g
waste processing;
h
final waste processing; And
i
Funding.
The master plan is established for a period of at
least 10 (ten) years.
Based on
interviews with the Cirebon City Environmental Service, implementing rules and
policies regarding waste handling is difficult to implement due to a lack of
awareness among business actors themselves. Cirebon City's waste production is
caused by industrial activities, trade, living standards and lifestyles of the
community, households, and so on, so that waste production in Cirebon City
reaches 600 m3 every day. The waste that can be transported is 550 m3/day
(Radar Cirebon, 2018) and the rest is burned, piled up by making holes or
digging the ground, thrown carelessly in certain places in the wild, etc.
(illegal dumping) and for management Plastic waste itself is recycled through a
long process, starting from collection by scavengers, sorting, and selling to
waste collectors to be used as raw material for manufacturers. However, the
ratio between processed and polluted plastic waste in the environment is very different.
Until now
there are still micro, small and medium enterprise activities that do not
comply with regulations issued by the Government, so that the majority of
environmental pollution caused by micro, small and medium enterprise activities
at the implementation level can be interpreted appropriately, so that it
remains only "good" in in the field of conceptual and discursive
development, not only does it require precise intelligence from every element
of the government bureaucracy as a form of (political will) with great
determination, but this also includes the socio-economic ability of the
community to work together with business actors in industry and the government
is determined not to only build for the welfare of society. Micro, small and
medium enterprises (MSMEs) are the most strategic sector of the national
economy, related to the livelihoods of many people and are the backbone of the
national economy. MSMEs are also the largest group of economic actors in the
Indonesian economy and have proven to play an important role in ensuring the
resilience of the national economy during economic crises and determining
subsequent economic growth. Through Presidential Instruction Number 6 of 2009
concerning the Development of Creative Industries, 28 central and regional
government agencies have issued policies to support the development of creative
industries from 2009 to 2015, namely the development of economic activities
based on creative industries, creativity, skills and talents. (Rifa'i, 2012)
The Cirebon
City Regional Government must be able to implement Article 4, Part Two of
Regional Regulation Number 4 of 2018 concerning Waste Management that waste
producers are obliged to place/dispose of waste in the waste bins provided
according to the type of waste and are obliged to manage household waste and
household waste. Steps in an environmentally sound manner. Apart from that,
every person who organizes a public gathering which results in the generation
of waste must be responsible for collecting the rubbish originating from the
holding of the crowd. However, various efforts have been made to prevent and
repair damage and pollution in Cirebon City, currently through programs issued
based on regional government policy. This is an effort that can be made to
protect the environment as part of our duties as humans.
The Cirebon
City Regional Government has implemented an Environmental Pollution Management
Program policy for handling plastic waste, namely:
1. The
activity carried out is to provide facilities in the form of waste sorting
stations to several places that have the potential to produce high levels of
plastic waste.
2. Created
several programs, namely Trash ATM, by placing plastic waste at the destination
and getting money based on the amount per piece of waste entered based on the
world price of plastic waste. Apart from that, there is a Mobile TPS program.
This program is specifically for transporting household waste for residents
whose homes are within a 3 km radius to be allowed to dispose of waste at the
mobile TPS. Later the trucks will operate every morning in residential areas.
3. Carry
out inspections and supervision of street vendor areas that have the potential
to produce waste. This method is considered effective, if any street vendor is
caught throwing rubbish carelessly, they will be subject to sanctions and a
deterrent effect.
CONCLUSION
Waste management is still difficult to resolve due to a lack of
awareness from businesses and the public, as well as government efforts that
have not been maximized. Law No. 18/2008 on Waste Management regulates
administrative provisions, civil liability, the right to sue, and criminal
sanctions. The relevant regulations authorize regents/mayors to impose
administrative sanctions on managers who violate waste management provisions.
However, the law does not further explain the provisions of who is meant by
waste management and what requirements must be met. To minimize plastic waste,
it can be done through the use of products made from biodegradable materials,
recycling, and the provision of waste disposal facilities. In addition,
producers also have the obligation to plan, implement, monitor, evaluate, and
report on their waste minimization efforts, as well as educate consumers.
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