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1391

JOSS :

Journal of Social Science

Universitas Swadaya Gunung Jati, Indonesia

E-mail: [email protected]

, [email protected]

Indonesia is the second largest waste producer in the world after China. This can be seen

from the amount of need every year that always increases. In 2019, the amount of plastic waste

in Indonesia was estimated to reach 9.52 tons (Anam et al., 2019). Plastic waste is currently

still a problem that is difficult to solve due to the lack of awareness about the importance of

maintaining environmental cleanliness and not letting garbage scatter. Law No. 18/2008 on

Waste Management stipulates that waste should not be disposed of carelessly. These locations

include places such as roads, rivers, and other areas that are not intended for garbage disposal

and garbage that has been collected must be placed in an integrated waste management site or

temporary shelter. pasal 4 ayat 5 of Cirebon City Regional Regulation No. 4/2018 also states

that "Every person who organizes public gatherings that result in waste generation shall be

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. With the increase in population, there will be an increase in the volume of waste

generated by human activities. What distinguishes street food from other types of street food

traders and buyers should 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 scenery, cause unpleasant odors, increase flooding, cause various diseases, and

pollute the environment.

This study aims to determine the 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 useful academically to change the

waste management policy that should be implemented by the city government (pemkot),

especially with regard to plastic waste generated by street food businesses. Practically, this

research can increase understanding of how the DPR and DPRD oversee the Waste

in the field or community. Research data obtained through observation in the field under study

or obtained through interviews in the form of information or facts is also called data obtained

from primary sources. In this research, legal concepts used as basic rules are used 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 is done descriptively and analytically, explaining how written laws can prevent

environmental pollution (Rifai, 2012).

This research was conducted using the interview method at the Cirebon Dinas

Lingkungan Hidup (DLH) and in one of the street food areas in Cirebon City. The type of 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

characteristics:

a. The government exercises its authority based on the rule of law;

b. The government guarantees legal certainty;

c. The government must create responsive laws that are able to absorb the aspirations of the

community;

d. The government must enforce the law in a consistent and non-discriminatory manner

through the creation of mechanisms to enforce sanctions;

e. The government must create and ensure the implementation of an independent judiciary.

When viewed from the description above, this principle of state responsibility is in line with

the purpose of law, namely the theory of legal expediency.

regulation explains the definition of waste as the residue of daily human activities and/or

natural processes in solid form, which can be utilized or is still feasible / can be utilized. Waste

includes household waste, similar household waste, and specific waste. Law 18/2008 divides

domestic waste management into two parts, namely waste reduction and waste handling. Waste

reduction includes 3R activities (reduce, reuse, recycle) at various sources of waste such as

households, commercial, public facilities, and so on (Syarif & Wibisana, 2010).

Waste management is difficult to resolve due to a lack of awareness from business actors

as well as socialization and efforts from the government that have not been maximized. Law

No. 18/2008 contains administrative provisions, civil liability, several rights of action, and

criminal sanctions. Regarding administrative sanctions, the above regulation authorizes

when sanctions will be imposed and what sanctions will be imposed. Given that most waste

management activities are currently in the hands of the government or the institutions it

establishes, 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 on the procedures for imposing sanctions. In addition,

Waste managers who deliberately do not pay attention to the norms, standards, and

procedures for waste management so that they disturb health, cause security disturbances, or

environmental pollution/damage; and waste managers who due to their negligence do not pay

attention to the norms, standards, procedures for waste management so as to disturb health,

cause security disturbances, or environmental pollution/damage.

For formal offenses, Law No.18/2008 sanctioning:

a. any person who unlawfully disposes of household waste and/or similar household waste and

b. any person who unlawfully imports specific waste.

Thus, related to waste reduction and handling, Law No. 18/2008 only recognizes material

offense, that is if an act has caused an effect.

if they commit such criminal acts. Unfortunately, we do not find such provisions in Law No.

18/2008.

Minister of Environment and Forestry Regulation No. 75/2019 on Roadmap for Waste

Reduction by Producers regulates waste reduction by producers from 2020-2029. This

regulation is a derivative of Law No. 18/2008 on Waste Management as mandated in pasal 15.

Minimizing plastic waste can be achieved through the use of products made from

biodegradable materials, and recycling and reuse of plastic waste is a must. In addition,

recycling and reuse of waste must be accompanied by waste disposal and provision of storage

facilities. Using the right materials is not enough, producers have an obligation to plan,

implement, monitor, evaluate, and report to minimize the waste generated by producers. In

more detailed rules, the Cirebon City Regional Government also issued rules and decisions

(Suasono et al., 2023). Local Regulations are technical regulations to implement legislation

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 be adapted to specific regions. Regulations and decrees at the

and Management. This decree regulates efforts to overcome environmental problems in the

city of Cirebon, it is necessary to carry out integrated environmental control so that

sustainable development is environmentally sound.

c. Cirebon City Regional Regulation No. 4/2018 on Waste Management. This decree regulates

waste management in order to improve public health, and environmental quality, and make

plastic waste an economically useful resource.

The local regulation in the form of Cirebon City Regional Regulation Number 5 of 2023

concerning Protection and Management of the Environment which regulates in pasal 3

Environmental Protection and Management is a systematic and integrated effort carried out to

e. guidance and supervision;

f. procedures for applying administrative sanctions;

g. settlement of environmental disputes;

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. 4/2018 concerning Waste management is carried

a. policy direction for waste reduction and handling; and

b. waste reduction and handling programs. (3)

The program must include:

a. waste generation reduction targets and waste type prioritization in stages; and

b. waste management target for each specific time period

b. waste recycling;

c. waste utilization;

d. waste sorting;

e. waste collection;

f. transportation of waste;

g. waste processing;

h. final waste processing; and

i. funding.

The master plan is set for a period of at least 10 (10) years.

Based on interviews with the Cirebon City Environmental Service, the application of

dumping) and for the management of plastic waste itself in the recycling process through a

long process, starting from collection by scavengers, sorting, and selling to used collectors to

be used as raw material for manufacturers. However, the comparison between plastic waste

that is processed and polluted in the environment is very different.

Until now, there are still micro, small, and medium business activities that do not comply

with the regulations issued by the Government, so most of the environmental pollution caused

by micro, small, and medium business activities at the implementation level can be interpreted

appropriately, in order to remain only “good” in the field of conceptual and discursive

development, not only does it require the right intelligence from every element of the

government bureaucracy as a manifestation (political will) with great determination, but this

of the national economy during economic crises and determining subsequent economic growth.

Through Presidential Instruction No. 6/2009 on Creative Industry Development, 28 central and

local 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).

organization 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 local

government policies. This is an effort that can be made to protect the environment as part of

our duties as humans.

The Cirebon City Regional Government conducts an Environmental Pollution Control

Program policy for handling plastic waste, namely:

a. The activity carried out is to provide facilities in the form of waste sorting bins to several

places that have the potential to produce high plastic waste.

b. Creating several programs, namely the Trash ATM by entering plastic waste into the

designated place and will get money based on the amount of waste entered based on the

littering, sanctions and deterrent effects will be imposed.

CONCLUSIONS

Waste management is difficult to resolve due to a lack of awareness from business actors

as well as socialization and efforts from the government that have not been maximized. Law

No. 18/2008 contains administrative provisions, civil liability, several rights of action, and

criminal sanctions. Regarding administrative sanctions, the above regulation authorizes

regents/mayors to impose administrative sanctions on waste managers who violate the

requirements stipulated in the license. The sanctions given are government coercion, forced

money, and license revocation. The law does not have provisions that further explain who is

meant by a waste manager, what requirements according to Law No. 18/2008 must be included

in the license and what the procedure or sequence of sanctions is. Further provisions or

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 provision of storage facilities. Using the right materials is

not enough, producers have an obligation to plan, implement, monitor, evaluate, and report to

integrated waste management site or temporary shelter. In addition to Law No. 18 of 2008 and

Ministerial Regulation No. 75 of 2019 for the regional level regarding more detailed decisions

and rules, the Cirebon City Regional Government also issued rules and decisions. Local

Regulations are technical regulations to implement legislation 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 be adapted to specific regions. Regulations and decrees at the regional level are:

a. West Java Governor Regulation Number 91 of 2018 Guidance on the Implementation of

Regional Regulation of West Java Province Number 12 of 2010 concerning Waste

Management. This decree regulates waste management in order to fulfill the principles of

decree regulates waste management in order to improve public health, and environmental

quality, and make plastic waste an economically useful resource.

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Copyright holders:

Abim Dwi Nugroho

1

, Dianita Utami

2

, Zahran Muhammad Ikhwan

3

, Endang

Sutrisno

4

(2024)