Reform Regional Regulations of Malang City in Waste Management

I Made Arie Widyasthana Wartana Putra, Putu Adnanta Jaya

Abstract


The State of Indonesia is legal, as contained in Article 1 Paragraph 3 of the 1945 Constitution of the Republic of Indonesia. Consequently, every aspect of the life of the nation and state must be based on law. Moreover, Indonesia is a welfare state, so it must find solutions to every problem its people face. One of the problems that must be addressed immediately is the issue of the environment. Environmental problems are issues that are often discussed in the international world. Garbage is one of the topics of the many problems that are often discussed related to the environment, not least in Indonesia. Malang's second largest city in East Java is recorded to have a volume of waste that increases yearly, which is one of the most challenging problems to solve until now. This environmental problem, especially regarding the waste problem in Malang City, must be addressed immediately because the right to a decent living environment is a human right, as stated in Article 28 H (1) of the 1945 Republic of Indonesia Law. The article states, it is said that "Everyone has the right to live in physical and spiritual prosperity, to have a place to live, and to have a good and healthy living environment and have the right to obtain health services. One of the mechanisms adopted in overcoming these problems is presenting legal products in the form of regional regulations in Malang City, which comprehensively regulates waste management. Malang City already has a legal basis regarding waste management, but after substantive analysis, it still has shortcomings and has been unable to overcome the waste management problem. This article intended to provide recommendations in the form of considerations in preparing regional regulations in Malang City regarding Waste Management in the future which is then expected to be able to overcome these problems. The research method used in this study is an empirical juridical (socio-legal) method that looks at real problems related to waste management to be accommodated and analyzed, which will ultimately provide solutions from a legal perspective regarding what things must be regulated in the law. Overcome these problems. The recommendation generated is in the form of consideration of what things must be handled in the Malang City Regional Regulation to overcome the shortcomings of the previous regulation. These include specific waste management mechanisms, household, and similar waste management mechanisms, elimination of levies on waste transportation, financing, incentives, community roles, and sanctions. With this in mind, legal certainty will be presented to resolve juridical issues related to Malang City waste management.

Keywords


Environment, Local policy, Waste management

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DOI: https://doi.org/10.26905/iconiss.v3i1.9682

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