Journal of Environmental Waste Management and Recycling

All submissions of the EM system will be redirected to Online Manuscript Submission System. Authors are requested to submit articles directly to Online Manuscript Submission System of respective journal.
Reach Us +44 1518081136

Review Article - Journal of Environmental Waste Management and Recycling (2020) Volume 3, Issue 2

Law enforcement on the impact of plastic waste disposal as a source of pollution of the sea environment in indonesia

La Ode Angga*, Rory Jef Akyuwen, Muchtar Anshary Hamid Labetubun

Faculty of Law, Pattimura University, Ambon-Indonesia

Corresponding Author:
La Ode Angga
Faculty of Law, Pattimura University
Ambon-Indonesia
E-mail: laodeangga@yahoo.com

Accepted December 16, 2020

Citation:Angga LO, Akyuwen RJ, Labetubun MAH. Law enforcement on the impact of plastic waste disposal as a source of pollution of the sea environment in Indonesia. Environ Waste Management Recycling. 2020;3(2):1-7.

Abstract

Article 29 paragraph (1) point c of the Law on Environmental Protection and Management of 2008, abbreviated as UUPPLH-2009 states that the prohibition of disposing of waste in places that have been determined and provided, this implies that the prohibition of disposing of plastic waste in the sea also applies. Furthermore, Article 60 of UUPPLH-2009 states: Everyone is prohibited from dumping waste and / or materials into environmental media without permission. The problem that then arises is why people or legal entities do not obey the provisions of Article 29 paragraph (1) point c? The method used in this paper is juridical normative, to analyze the legal issues contained in the laws and regulations related to the issues being studied in a qualitative analysis. The form of law enforcement against actors of plastic waste disposal that causes pollution of the marine environment in Indonesia is by applying sanctions for those who dispose of plastic waste in the sea. In Article 104 and Article 98 UUPPLH-2009. The form of State Responsibility for the Impact of Plastic Waste Disposal which causes Pollution of the Marine Environment in Indonesia, namely the President of the Republic of Indonesia has issued Presidential Regulation Number 83 of 2018 concerning Handling Marine Debris. With the issuance of Presidential Regulation Number 83 of 2018 concerning the Handling of Marine Waste, the handling of plastic waste in the sea is increasingly being carried out by the government.

Keywords

Law Enforcement, Impact, Plastic Waste, Sources of Marine Environmental Pollution.

Introduction

The problem of plastic waste in Indonesia has recently been in the public spotlight. Seeing the development of the plastic waste problem, the government should have accelerated the improvement of the system in its management. Based on research conducted by Jenna R. Jambeck of the University of Georgia, in 2010 there was 275 million tons of plastic waste produced worldwide. Around 4.8-12.7 million tons of them are wasted in the sea and pollute the sea [1].

Indonesia has a coastal population of 187.2 million which annually produces 3.2 million tons of plastic waste which is not managed properly. About 0.48-1.29 million tonnes of this plastic waste is thought to have polluted the oceans. The data also states that Indonesia is the country with the second largest amount of plastic waste contaminated in the sea after China. China leads the way with plastic waste pollution levels into the sea of around 1.23-3.53 million tonnes/year [1].

In fact, if you can say, the population of the coast of Indonesia is almost the same as India's, namely 187 million people. However, the level of plastic pollution to the Indian Ocean is only around 0.09 million tons/year-0.24 million tons/year and ranks twelfth [2]. This means that there is indeed a bad waste management system in Indonesia. It does not stop here; plastic pollution in Indonesia is expected to continue to increase. It can be seen from the fact that the beverage industry in Indonesia is one of the sectors with the fastest growth. In the first quarter of 2019, the growth of the beverage processing industry reached 24.2% on an annual basis, only less than the apparel industry. Many of the end products of beverage products use singleuse plastic as packaging. These drinks can be easily found in various retail outlets, both modern and traditional. The very rapid growth of the beverage industry will of course result in a growing number of plastic wastes. Moreover, currently the capacity for processing plastic waste is still minimal [1].

Meanwhile, based on data from the Ministry of Environment and Forestry (KLHK), the total waste in Indonesia in 2019 will reach 68 million tons and plastic waste is estimated to reach 9.52 million tons. In addition, the lack of public awareness in disposing of rubbish often causes them to litter in places, such as throwing garbage in gutters, rivers, and even in the ocean. This of course resulted in the environmental cleanliness and marine ecosystems being damaged. Due to the large amount of plastic waste thrown away by residents who live around the coast, as well as the large amount of plastic waste being washed away in the oceans, it is not uncommon for many marine animals to die, as it was reported that there was a whale that died on the beach with its whole stomach. Which there are various kinds of plastic waste? Even sadder is that in her womb there is a fetus as long as 2.7 meters which has begun to decompose, which means that the fetus was lifeless before the whale was stranded to death [2].

The main policy in Law Number 18 of 2008 concerning Waste Management regulates the implementation of integrated and comprehensive waste management, fulfilment of community rights and obligations, as well as the duties and powers of the Government and Regional Governments to carry out public services. The legal arrangement for waste management is in Law Number 18 of 2008 concerning Waste Management. Article 23 of Law Number 18 of 2008 concerning waste management states:

• Specific waste management is the responsibility of the Government

• Further provisions regarding specific waste management as referred to in paragraph (1) shall be regulated by government regulation [3]

Furthermore, Article 29 paragraphs (1) of Law Number 18 of 2008 states. Everyone is prohibited from:

• Importing waste into the territory of the Republic of Indonesia

• Importing waste

• Mixing waste with hazardous and toxic waste

• Managing waste that causes environmental pollution and/ or damage

• Dispose of waste not in a place that has been determined and provided

• Carry out waste handling by open disposal at the final processing site; and/or

• Burning waste that does not comply with the technical requirements for waste management

Article 29 paragraph (1) point c of the Law on Environmental Protection and Management of 2008, abbreviated as UUPPLH-2009 states that the prohibition of disposing of waste in places that have been determined and provided, this implies that the prohibition of disposing of plastic waste in the sea also applies. Furthermore, Article 60 of UUPPLH-2009 states: Everyone is prohibited from dumping waste and/or materials into environmental media without permission [4]. The problem that then arises is why people or legal entities do not obey the provisions of Article 29 paragraph (1) point c? Starting from the background description above, the problem formulations to be examined in this paper are:

• What is the form of law enforcement against actors of disposing of plastic waste that causes pollution of the marine environment in Indonesia

• What is the Form of State Responsibility for the Impact of Plastic Waste Disposal which causes Pollution of the Marine Environment in Indonesia

Theoretical Framework

The theoretical framework used in this paper is:

• Theory of Welfare State Law (Walfare State)

• Law Enforcement Theory

Welfare State Theory (Walfare State)

The Welfare State Theory (Walfare State) in this paper is used to analyse the extent to which the State is involved in this case the Government, Provincial, District and City Governments in the protection and management of natural resources and the marine environment in Indonesia. The state or government, provincial and regency and municipal governments, are deemed unable to release their responsibility to improve the welfare of the community in relation to the protection and management of natural resources and the marine environment in Indonesia. That the state or government needs to intervene in the management of natural resources and the environment, including the marine environment.

In the theory of the welfare law state (Walfare State), reflecting that the duties of the state or government in implementing the public interest are very broad, the possibility of violating the interests of the people by state apparatus is also very broad. A rule of law is a state that places legal power as the basis of its power and the exercise of this power in all its forms is carried out under the rule of law [5]. Based on this view, all administrators of power in a rule of law are based on law. Law is a controlling instrument of state life.

According to Jhon Locke, state power based on law is divided into legislative, executive and federative powers, besides that the state must contain four elements, namely:

• The state aims to guarantee the human rights of citizens

• State administrators based on law

• There is a separation of state power in the public interest

• The supremacy of the legislative power that depends on the interests of the people

John Locke's view above influenced Montesquieu, that the function of the rule of law must be separated into three powers of state institutions, namely the legislature, the executive and the judiciary. The position of these three powers is balanced; one cannot be higher than the other [5].

In the theory of the welfare state (welfare state), the goal of the state is seen as an instrument to achieve common goals, namely prosperity and social justice for all Indonesian people [6]. The theory of the welfare state is a combination of the concept of the state and the welfare state. According to Burkerns [7] "A rule of law (rechtsstaat) is a state that places the law as the basis of its power and exercises that power in all its forms under the rule of law".

Meanwhile, according to Bagir Manan, the concept of the welfare state is: “The state or government is not merely the guardian of security or public order, but the main bearer of the responsibility for realizing social justice, general welfare for the greatest prosperity of the people" [8].

The birth of the welfare state as a reaction to the failure of the classical rule of law and socialist rule of law concepts. The two concepts and types of rule of law have different bases and forms of state control over economic resources. Theoretically, this difference is motivated by and influenced by the ideology or the ideas it embraces. In the classical liberal law state it is influenced by liberalism or the classical rule of law, while the socialist law state is influenced by Marxism [7].

The theory of the welfare state is based on maintaining freedom in a rule of law while justifying the interference of the authorities in the administration of the people's welfare and the general welfare. The understanding of the welfare state in Indonesia is followed, among others, included in the Preamble of the 1945 Constitution and set forth in several articles including Article 33 paragraph of the 1945 Constitution. Contained therein, but also contains provisions that state control is used for the greatest prosperity of the people. The two aspects of this principle cannot be separated from each other; both of them constitute one systematic unit [1]. In the sense that the state positions and places itself as a regulator, formulates policies, takes management action, and carries out supervision to ensure that its people enjoy the management of natural resources including the marine environment for the welfare and prosperity of the people. The function of the state is how to provide service functions to the community in order to create general welfare.

The Indonesian nation has natural resources and the environment both on land and in the sea which gives power to the state to regulate and manage and make the best use of these natural resources for the prosperity of the people. Then for further implementation, considering that it is impossible for the state to implement it alone, the right to control as the dayto- day implementation of government, through the institutions it forms, can collaborate with entrepreneurs [9]. Which in its implementation must pay attention to and prioritize the principles of sustainability, prudence, efficiency, transparency, sustainability and environmental insight and social justice for all Indonesian people?

Thus state control over natural resources includes protection and management of the environment including the marine environment. In connection with the theory of the welfare state, W. Friedman in regulating the economic system in favour of the people cannot be separated from the function of the state which adopts the theory of the welfare state which can carry out 4 functions, namely [10]:

• The state as Provider (the state as a servant) of people's welfare

• The state as regulator (state as regulator)

• The state as Entrepreneur (state as entrepreneur)

• The state as Umpire (the state as the referee)

In the four functions of the state in the economic sector, the most essential function lies in the function of the regulator (regulator). If the regulator function is wrong or negligent in placing it, it will have an impact on the other three functions. Therefore, in carrying out its regulatory function, the government must pay attention to applicable moral and legal norms.

Regarding this theory of the welfare state, Utrecht said the following [11]: "The government of a modern legal state has the duty to maintain security in the broadest sense of the word, namely social security in all fields of society. In a welfare state, the past liberal economic era and the liberal economy has been replaced by an economy that is more guided by the centre (central geleid economy)”.

The government's duty is no longer only as night watchman (nachtwakerstaat) and must not be passive, but must actively participate in community activities so that the welfare of all people can be more guaranteed [12].

Kelsen mentions this matter as follows [11]: "In all modern legal orders, the state as well as any other juristic person, may have rights in personan, may any of the rights and duties stipulated by private law. When there is a civil code, its norm applies to private persons and to the state”.

Apart from being a rule of law, the Indonesian state also places itself as an adherent of a welfare state based on the values contained and lives in the midst of society, although there is an opinion that states that the Indonesian welfare state is more colored by concepts in Western European countries because it was formulated by those who received education there [8].

The indication of the State of the Republic of Indonesia as a country that officially follows the theory of the welfare state is reflected in the Preamble and the body of the 1945 Constitution. This can be seen in paragraph IV of the Preamble of the 1945 Constitution, which can then be seen in Article 33, Article 27 paragraph (2) and Article 34 UUDNRI 1945, which is constitutional juridical contains a mandate for the government as state administrator to carry out social welfare for all Indonesian people, by means [13]:

• Control of production branches which are important to the state and which affect the livelihoods of many people

• Control of earth and water and the natural resources in it

• Care for the poor and neglected children

• Providing employment opportunities

Based on the spirit contained in Article 33 of the 1954 UUDNRI, both the government and the people must jointly strive to realize the welfare of the community. National development activities that are based on togetherness and kinship in accordance with the 1945 Constitution have a very broad meaning in which the community cannot leave efforts to achieve prosperity solely in the hands of the government. The achievement of welfare goals must be carried out hand in hand between all elements of society and the government [14].

Law Enforcement Theory

Law and law enforcement are an inseparable unit, both must be able to run synergistically, the legal substance contained in various criminal regulations will only become garbage without being supported by a legal system and legal culture that grows and develops in society. Speaking of law basically sollen. Meaning that man is talking about the mind or desire of the law. One of the ideals of law is the enforcement of the law itself [15].

Law enforcement theory can be found in various literatures, be it books, magazines or other scattered media. A legal expert who is very famous for his theory is Freidmann. According to Freidmann, the success or failure of law enforcement depends on: Legal Substance, Legal Structure/Legal Institutions and Legal Culture.

Legal Substance: The substance of the law is the entire legal principles, legal norms and rules of law, both written and unwritten, including court decisions.

Legal structure is the entire law enforcement institution, and its officials. So it includes: the police with the police; prosecutors with their prosecutors; law offices with their lawyers, and courts with their judges [14].

Legal Culture: Habits, opinions, ways of thinking and acting, both from law enforcers and from members of the community. Substance and Apparatus alone are not sufficient for the functioning of the legal system. therefore, Lawrence M Friedman emphasizes the importance of Legal Culture [14].

The factors that influence law enforcement according to Soejono Soekanto, namely [9]:

• The legal factor itself

• Law enforcement factors

• Facility or facility factor

• Community factors

• Cultural factors

Method of Writing

The method used in this paper is juridical normative, to analyze the legal issues contained in the laws and regulations related to the issues being studied in a qualitative analysis.

Discussion

Plastic Waste

Plastic waste is one of the sources of environmental pollution in Indonesia. Plastic is a versatile product, lightweight, flexible, moisture resistant, strong, relatively inexpensive. Because of these various conveniences, the whole world is eager to produce more products made from plastic. However, without realizing it, the basic character of plastic, plus how it is used that is not environmentally friendly, will actually damage the environment [16].

The benefits of using plastic products must be balanced with the calculation of the negative impacts they produce. In one sense, using plastic does keep fresh produce more durable. The use of plastics also allows the manufacture of medical equipment, improves transportation efficiency, has great potential for use in renewable energy technologies. However, the dangers caused by plastic waste, toxic additives in plastics-plastic dyes, raw materials such as bisphenol A (BPA)-have increased consumer awareness for products that are more environmentally friendly [16].

Plastic Waste Pollution

Various cities in the world produce up to 1.3 billion tons of plastic waste every year. According to World Bank estimates, this number will increase to 2.2 billion tonnes by 2025. For more than 50 years, global plastic production and consumption has continued to increase. It is estimated that 299 million tonnes of plastic were produced in 2013 [12]. This creates a very serious environmental problem for humankind. This figure confirms the trend in volume of waste from plastics in recent years, reports the Worldwatch Institute study. Global use of plastic products worldwide is estimated to reach 260 million tonnes in 2008. According to the 2012 Global Industry Analysis report, the world's use of plastic products reached around 297 million tonnes at the end of 2015. Plastics are also one of the causes of soil pollution in cities. Amount of world plastic production [16].

Plastic production worldwide has grown as a durable material. Primarily petroleum based. Plastics are gradually replacing materials such as glass and metal. Today, the average Western European or North American uses about 100 kilograms of plastic each year. Most of it is in the form of packaging. Meanwhile, Asian people use about 20 kilograms per person. However, this figure is expected to grow rapidly in line with the development of Asian economies [16].

Amount of world plastic waste per country. Most of the plastic scraps from the United States, Europe, and other countries have established collection systems for shipment to China. China receives about 56 percent of imported plastic waste worldwide. Some circumstantial evidence suggests that most of these imported plastics are reprocessed. Treatment is carried out with low technology, in facilities without sufficient environmental protection controls, such as waste water disposal [16].

Plastic waste is an environmental problem faced by the people of Indonesia and nations today. The use of plastic products in an environmentally unfriendly manner causes serious environmental problems. Plastic waste is not only a problem in cities, but also a problem at sea when it is dumped in the sea. The negative impact of plastic waste is not only damaging to human health, killing various protected animals, but also systematically damaging the environment. If not managed seriously, this type of waste pollution will be very dangerous for the continuation of the planet on earth [16].

Forms of Law Enforcement Against Perpetrators of Plastic Waste Disposal which cause Pollution of the Marine Environment in Indonesia

Law Enforcement Theory put forward by Soejono Soekanto there are five (5) factors that influence law enforcement itself [15] namely:

• The legal factor itself

• Law enforcement factors

• Facility or facility factor

• Community factors

• Cultural factors

When it is related to law enforcement against plastic waste disposal actors which cause pollution of the marine environment in Indonesia, the government has issued several regulations.

Regulations regarding the Forms of Law Enforcement Against Perpetrators of Plastic Waste Disposal that cause Marine Environmental Pollution in Indonesia are regulated in various laws and regulations. Article 1 number 1 of Law Number 32- Year 2014 concerning Marine states: Water space on earth that connects land to land and other natural forms, which constitute a geographic and ecological unit and all related elements, and whose boundaries and systems are determined by statutory regulations and international law [12].

According to the general explanation of Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH-2009) integrated and integrated environmental management of marine, land and air environments is carried out based on the insight of the Archipelago. Furthermore, Article 1 number 1 UUPPLH-2009 states: The living environment is a spatial unit with all objects, forces, conditions and living things, including humans and their behavior, which affect nature itself, the continuity of life, and the welfare of humans and other living creatures [15].

Article 3 UUPPLH-2009 states that environmental protection and management aims to:

• protect the territory of the Unitary State of the Republic of Indonesia from environmental pollution and/or damage

• guarantee the safety, health and life of humans

• ensure the survival of living things and the preservation of ecosystems

• preserving environmental functions

• achieve harmony, harmony and balance of the environment

• ensuring the fulfillment of justice for present and future generations

• guarantee the fulfillment and protection of the right to the environment as part of human rights

• controlling the use of natural resources wisely

• realizing sustainable development

• anticipating global environmental issues

So the sea as part of the environment must be protected from pollution and environmental damage. What is meant by environmental pollution is the entry or entry of living things, substances, energy, and/or other components into the environment by human activities so that they exceed the stipulated environmental quality standards [13].

Furthermore, what is meant by marine pollution is the entry or inclusion of living things, substances, energy, and/or other components into the Marine environment by human activities so that they exceed the stipulated quality standards of the Marine environment. Meanwhile, an act of a person that causes direct or indirect changes to the physical, chemical and/or biological characteristics of the environment so that it exceeds the standard criteria for environmental damage is called environmental destruction [2]. Basically, every person polluting and/or destroying the environment is obliged to take control of the pollution and/or damage and carry out environmental restoration. Environmental pollution and/or damage prevention shall be carried out by:

• providing warning information about environmental pollution and/or damage to the public

• isolating environmental pollution and/or damage

• cessation of sources of pollution and/or environmental damage and/or

• other ways in accordance with the development of science and technology

Article 20 paragraph (1) UUPPLH-2009 is it permissible to dispose of garbage or waste into the marine environment? By determining the occurrence of environmental pollution, it is measured through environmental quality standards. Article 20 paragraph (3) UUPPLH-2009 states: Everyone is allowed to dispose of waste into environmental media on conditions:

• meet environmental quality standards

• obtain permission from the Minister of Environment and Forestry, governors, or regents/mayors in accordance with their respective authorities

Dumping is the activity of disposing, placing, and/or entering waste and/or materials in a certain amount, concentration, time and location with certain requirements into certain environmental media [16].

Environmental quality standards include:

• water quality standards

• waste water quality standards

• sea water quality standards

• ambient air quality standards

• emission quality standards

• disturbance quality standards

• other quality standards in accordance with developments in science and technology

Seawater quality standard ”is a limit measure or content of living things, substances, energy, or components that exist or must exist and/or pollutants whose presence is tolerable in seawater. It is necessary to note that dumping can only be carried out with a permit from the Minister of Environment and Forestry, governors or regents/mayors in accordance with their respective authorities. Dumping can only be done at a predetermined location.

So throwing garbage or waste into the environment (including the marine environment) is allowed as long as it does not exceed the environmental quality standard and obtains a permit from the Minister of Environment and Forestry, governors, or regents / mayors in accordance with their respective authorities [16].

Article 69 (1) Everyone is prohibited from:

• commits an act that causes pollution and/or damage to the environment

• importing B3 which is prohibited according to the laws and regulations into the territory of the Unitary State of the Republic of Indonesia

• importing waste originating from outside the territory of the Unitary State of the Republic of Indonesia into the environmental media of the Unitary State of the Republic of Indonesia

• importing B3 waste into the territory of the Republic of Indonesia; e. throwing waste into environmental media

• disposing of B3 and B3 waste to environmental media

• releasing genetically engineered products into environmental media that are contrary to statutory regulations or environmental permits

• clearing land by burning

• preparing an amdal without having a certificate of competence for amdal drafting and/or

• provide false, misleading information, omit information, destroy information, or provide false information

Article 99 paragraph [15]:

• Anyone who due to their negligence results in exceeding the ambient air quality standard, water quality standard, sea water quality standard, or environmental damage standard criteria, shall be sentenced to imprisonment for a minimum of 1 year and a maximum of 3 years. and a fine of at least Rp1,000,000,000.00 and a maximum of Rp.3,000,000,000.00 UUPPLH-2009

• If the act as referred to in paragraph (1) results in injury to the person and / or danger to human health, the punishment shall be imprisonment for a minimum of 2 years and a maximum of 6 years and a fine of at least IDR 2,000,000,000 and a maximum of Rp. 6,000,000,000.00

• If the act as referred to in paragraph (1) results in a serious injury or death, the person shall be punished with imprisonment for a minimum of 3 years and a maximum of 9 years and a fine of at least IDR 3,000,000,000.00 and a maximum of Rp. 9,000,000,000.00

Every person is prohibited from dumping waste and/or materials into environmental media without permission. Any person dumping or disposing of waste without permission is subject to sanctions as regulated in Article 104 UUPPLH-2009, namely: Anyone dumping waste and/or materials into environmental media without a permit as referred to in Article 60, will be punished with imprisonment for a maximum of 3 years and a maximum fine of Rp.3,000,000,000.00.

Apart from criminal sanctions due to waste disposal, there are several other crimes that can be imposed on the perpetrators as regulated in Article 98 UUPPLH-2009, namely:

• Anyone who deliberately commits an act which results in exceeding the ambient air quality standard, water quality standard, sea water quality standard, or environmental damage standard criteria, will be sentenced to imprisonment for a minimum of 3 years and a maximum of 10 years and a fine of at least Rp. 3,000,000,000.00 and a maximum of Rp. 10,000,000,000.00

• If the act as referred to in paragraph (1) results in a person being injured and / or a danger to human health, the punishment shall be imprisonment for a minimum of 4 years and a maximum of 12 years and a fine of at least Rp.4,000,000,000.00 and a maximum of IDR 12,000,000,000.00

• If the act as referred to in paragraph (1) results in a person being seriously injured or dead, the person shall be punished with imprisonment for a minimum of 5 years and a maximum of 15 years and a fine of at least IDR 5,000,000,000.00 and a maximum of Rp. 15,000,000,000.00

Forms of State Responsibility for the Impact of Plastic Waste Disposal which causes Pollution of the Marine Environment in Indonesia

In the Welfare State Theory (Walfare State) that the duties of the state or government, the Provincial, District and City governments in administering the public interest are very broad, the possibility of violating the people's interests by state apparatus is also very broad. A rule of law is a state that places legal power as the basis of its power and the exercise of this power in all its forms is carried out under the rule of law by the state. In relation to the state's responsibility in managing plastic waste that pollutes Indonesia's seas, of course the Indonesian State must come forward to make regulations as a form of state responsibility. In dealing with the problem of plastic waste pollution in Indonesia's seas, the President of the Republic of Indonesia has issued Presidential Regulation Number 83 of 2018 concerning Handling Marine Debris. With the issuance of Presidential Regulation Number 83 of 2018 concerning the Handling of Marine Waste, the handling of plastic waste in the sea is increasingly being carried out by the government. Various programs involving many agencies have been rolling more and more since then. In implementing the handling program, the Government does not only focus on plastic waste in the sea, but also on land. All plastic waste in the sea, partly due to leaks from land, aka accidental.

With all the limitations, but in a very large area, handling plastic waste involves many agencies, both state and private. Their involvement is manifested in various programs to reduce plastic waste production. Most importantly, collaboration between the Government, the private sector, and the community during the plastic waste management program is implemented. Cooperation between parties will facilitate the handling process, because there is the involvement of humans, technology, and program plans [11].

After the issuance of the Presidential Regulation above, of course the handling of plastic waste has received further attention than has been done before. To be able to handle it, it needs good cooperation between the Government of Indonesia and the public and private sectors in Indonesia. Collaboration between the public and the private sector will be an inclusive partnership in efforts to deal with plastic waste, both on land and at sea. Moreover, at this time companies have also been required to play a bigger role in efforts to reduce the production of plastic waste [16]. Public and private involvement in the management of plastic waste which causes pollution in Indonesia's seas is of course in line with the Theory and Concept of the Welfare State, which in its implementation involves all parties, considering that the state cannot implement it alone, the right to control is the implementation of daily government, through the institutions it forms, it can collaborate with entrepreneurs. Which in its implementation must pay attention to and prioritize the principles of sustainability, prudence, efficiency, transparency, sustainability and environmental insight and social justice for all Indonesian people rooted in Article 33 of the 1945 Constitution of the Republic of Indonesia, namely for the prosperity of the people.

Through the concept of extended producer responsibility (EPR). This is a concept that is expected to implement a circular economy in waste management, by opening up new jobs [16]. With more involvement from the private sector, the Indonesian government wants to emphasize that handling plastic waste is no longer just a business collaboration as has been done before. More than that, plastic waste is an environmental problem that must be solved together. The government has repeatedly emphasized its commitment to handling plastic waste through unusual steps. Together with the private sector, handling is directed by using an approach to system change and pollution arising from plastic waste. Collaboration between the public, the government and the private sector is even more demanded than before. In addition, the Government has also started the Refuse- Derived Fuel (RDF) program in Cilacap, Central Java and will be followed by other cities [16]. It is hoped that this can create more than 120,000 jobs in this recycling industry, as well as 3.3 million supporting informal workers, ”. RDF itself is a waste processing technology through the process of homogenizers into small grain sizes (pellets) which can be used as a source of renewable energy in the coal replacement combustion process. This facility processes waste into alternative energy fuels [12].

As a pilot program, the Government is already planning to start a similar program in 34 other cities, because RDF provides many benefits to the regions, including no need for land acquisition to open up landfills (TPA) for waste. Apart from that, the regions will also get other benefits, because the alternative fuels produced can also be sold and will be added to the regional treasury as regional revenue (PAD). Also, the RDF program will be able to reduce its social impact on society.

In carrying out its responsibilities, the State must also involve the community in minimizing pollution at sea by plastic waste. The community's efforts to assist the state in overcoming plastic waste in everyday life include:

• Using ba

• K trash to dispose of plastic water bottles, food containers and other plastic materials

• Avoid disposing of plastic waste in open spaces, public places, waterways, rivers, beaches, oceans and other natural resources

• Follow government regulations related to plastics management

• Increase public awareness of the management and dangers of plastic waste, for example informing relatives or neighbors

• Join in the mutual cooperation to clean the environment around the house from rubbish, including garbage made of plastic

By taking these various steps, we will be able to control the use of plastic and pollution of waste in the sea. This means that the government has carried out its responsibility to minimize plastic waste pollution in the environment, especially pollution that occurs in the sea from plastic waste [6].

Closing

• Forms of Law Enforcement Against Perpetrators of Plastic Waste Disposal which cause Pollution of the Marine Environment in Indonesia, namely by implementing sanctions for those who dispose of plastic waste in the sea. In Article 104 and Article 98 UUPPLH-2009

• Forms of State Responsibility for the Impact of Plastic Waste Disposal which causes Pollution of the Marine Environment in Indonesia, namely the President of the Republic of Indonesia has issued Presidential Regulation Number 83 of 2018 concerning Handling Marine Debris. With the issuance of Presidential Regulation Number 83 of 2018 concerning the Handling of Marine Waste, the handling of plastic waste in the sea is increasingly being carried out by the government

References

Get the App