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All Journal Lentera Hukum Jurnal Ilmiah Hukum LEGALITY
Wahyuni, Herlin Sri
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Law, Crime, Criminology & Criminal Justice

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Waste management without direction in Indonesia: a proposed legal reform towards smart cities Listiningrum, Prischa; Dahlan, Moh.; Anwary, Muhammad Anis Zhafran Al; Wahyuni, Herlin Sri; Bachtiar, Rizqi
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 2 (2023): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i2.27375

Abstract

This article delves into the regulation of municipal solid waste management (MSW) in Indonesia, viewed from the concepts of smart city and circular economy. The legal politics of Law Number 18 of 2008 on Waste Management has been restricted to the concept of 3Rs: reduce, reuse, and recycle. The idea of a circular economy refers to the principle of 10 Rs, consisting of refuse, rethink, reduce, reuse, repair, refurbish, remanufacture, repurpose, recycle, and recover. The concept of circular economy is believed to be essential to achieving the decarbonization goals mandated by the Paris Agreement. With a socio-legal approach, this research examines to what extent Waste Management Law can serve as the basis for implementing a circular economy in municipal areas. This research reveals that the concept of a circular economy has yet to be applied to manage waste in a municipal scope. Circular economy-based smart cities in MSW management can only be achieved through adequate facilities and changes in people’s behaviour. However, it is still questionable whether the Municipal Government is fully obliged to manage household waste because the Waste Management Law is silent on this matter but clearly states the community’s obligation to reduce and handle household waste as a waste producer. The division of waste-handling tasks also exacerbates this in several agencies, which, in practice, creates confusion for society. Hence, legal reforms are needed to reconcile the conflicting problems.
Regulatory Limits of Empowering Biogas Digester Integrated with Indonesia’s Local Wisdom Listiningrum, Prischa; Maheswara, Ida Bagus Ayodya; Wahyuni, Herlin Sri; Vibhu, Avanish
Lentera Hukum Vol 10 No 2 (2023): Human Rights and Economy in the Global South
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v10i2.37210

Abstract

This paper analyses the international and domestic regulatory framework for managing waste-to-energy in Indonesia’s rural areas to support climate mitigation. The countryside is known to be the most significant contributor to organic waste due to the high productivity of the agricultural and livestock sectors. In contrast, organic waste is left without proper management and contributes to global greenhouse gas emissions. Indonesia has agreed to contribute to the Paris Agreement to reduce emissions by 29% in 2030 or 41% with international assistance, but its follow-up to switch to renewable energy appears insufficient. This study uses a socio-legal approach to unpack the waste-to-energy problems in one of Indonesia's villages: Tawangsari Village, Pujon District, Malang Regency, East Java Province. The study results reveal that the biogas program launched by the government through the "Program BIRU" was not aligned with local conditions in Tawangsari Village because not all farmer households had sufficient land to build a fixed dome. Thus, it is necessary to build a community-based centralized biogas digester. However, there are no provisions in the regulations governing the mechanism for funding renewable energy development in villages, as mandated by Article 20(2) of the Energy Law. The village can use village funds to carry out development based on local wisdom, but the limited number of village funds causes limited growth. There are no standard rules for bio-slurry processing and maintenance of biogas digesters to ensure the sustainability management of biogas. This paper recommends enacting national and/or domestic regulations to support the energy-independent village program, aligning with the government's commitments to reduce global emissions from the agricultural and waste sectors.Keywords: Climate Mitigation, Energy Transition, Regulations, Small-Scale Biogas.
Co-Authors Anwary, Muhammad Anis Zhafran Al Maheswara, Ida Bagus Ayodya Moh. Dahlan Prischa Listiningrum Rizqi Bachtiar Vibhu, Avanish