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Juridical Deed Review Of The Cooperation Agreement To Build Handover (Build Operate And Transfer) Bot Between Government And Private Sector Desi Wulan Anggraini; Bagus Langgeng Prasetiyo; Anis Mashdurohatun
Jurnal Akta Vol 6, No 3 (2019): September 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i3.5106

The purpose of this study was to: 1) To determine and analyze the Agreement in order to handover a build (Build Operate And Transfer) BOT between government with Private Sector. 2) To determine and analyze the Regulation No. 19 of 2016 there are no relevant provisions of the cooperation agreement made in the form of a notarial deed but in implementing cooperation agreements and there are other legal regulations. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Based on the results of data analysis concluded that: 1) Deed in the agreement to transfer (Build Operate And Transfer / BOT) before the formation of Regulation No. 19 of 2016, has complied with the requirements valid agreement of Article 1320 of the Civil Code sehigga positions of the legislation. Notary deed in agreement wake up in order to transfer (Build Operate and Transfer) BOT after the entry into force of Regulation No. 19, 2016 a requirement valid agreement beyond the provisions of the Civil Code, and if it is not done then there will never been considered although qualify valid agreement of Article 1320 of the Civil Code. The legal consequences deed of cancellation of the parties shall make a certificate into a build to transfer (Build Operate Transfer / BOT) lose their authenticity, the cancellation of the agreement unilaterally because defaults are not eligible void Article 1266 of the Civil Code, can be regarded as an act against the law because it is not based on good faith and such cancellation shall be requested to the trial judge.Keywords: Judicial Review; Government Cooperation Agreement; Build Operate and Transfer And Deed.

AKIBAT HUKUM JAMINAN FIDUSIA YANG TIDAK DIDAFTARKAN MENURUT UU NOMOR 42 TAHUN 1999 Muhammad Hilmi Akhsin; Anis Mashdurohatun
Jurnal Akta Vol 4, No 3 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i3.1825

ABSTRACTFiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal EffectsABSTRACT Fiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal Effects

Deed Of Roya Consent Which Made By Notary In Roya Mortage Rights Caused The Loss Of Certificate Mortage Rights In The City Of Pekalongan Indah Nailal Muna; Hanung Hendratmoko; Anis Mashdurohatun
Jurnal Akta Vol 7, No 1 (2020): March 2020
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v7i1.8300

The purpose of this study was to: 1) To determine the debtor to Roya to BPN 2) To know the challenges and solutions faced by the debtor to Roya missing Encumbrance certificate 3) to determine the position of the missing Encumbrance certificate. The research method in this study, using socio-juridical to obtain data from the primary data. In a research specification is a descriptive analysis of this data is by using the applicable laws.Based on the results of data analysis concluded that: 1) The process of the debtor to Roya namely by applying Roya Land Office and bring equipment such as certificates and certificate concern Properties Roya who made by notary. 2) The obstacles faced by the debtor that is, if not made deed Roya consent by a notary then the debtor can not perform Roya or deletion in Encumbrance, while the solution is to bring the letter of loss from the police and then come before the notary to be made a deed of Roya consent by a notary to replace certificates mortgages missing. 3) Position the deed of Roya consent can not be equated with a certificate of mortgages have executorial power because it is not regulated in the legislation or firm rule. The deed of Roya consent is a requirement to carry out orderly land administration. In this case means that the position of Roya consent deed made by the notary is a custom in notarial practice.Keywords: Deed of Consent Roya; Notary; Certificate of Mortage Right.

Implementation Of The Sale And Purchase Agreement And The Status Of Ownership Of Land Rights At Apartment In Payon Amartha View Of Semarang Riska Fauziana; Rizal Anugrah Bachriar; Anis Mashdurohatun
Jurnal Akta Vol 6, No 3 (2019): September 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i3.5100

The study entitled "Implementation of the Sale and Purchase Agreement and the Status of Ownership of Land Rights at Apartment in Payon Amartha View of Semarang" aims to: 1) Understand the process of buying and selling apartments. 2) To know about the status of ownership of land rights of the apartment.Theresearch method in this journal uses a sociological Juridical approach with the specification of the data collection method to Obtain the data that will be used as the thesis of material through an interview with the manager and the marketing of apartment in Payon Amartha View of Semarang, or by observation in the form of roomates surveillance systematically Involved in Obtaining data. Afterwards will be conducted analysis of the data Obtained from various sources.The results of the research indicate that: 1) The process of buying and selling apartments begins with payment of the Booking Fee Followed by the signing of the Temporary Deed of Sale and Purchase (TDSP) as a legitimate and strong evidence that it has made a sale and purchase. 2) The ownership status of the buyer of the apartment is the Strata Title Certificate.Keywords: Sale And Purchase; Ownership Rights To The Apartment.

Akibat Hukum Verifikasi Dan Validasi Bea Perolehan Hak Atas Tanah Dan Bangunan Oleh Dinas Pengelolaan Pendapatan Keuangan Dan Aset Daerah Terhadap Akta PPAT Di Kabupaten Tegal Junaidi Junaidi; Anis Mashdurohatun
Jurnal Akta Vol 4, No 1 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i1.1537

Penelitian dengan judul ” Akibat Hukum Verifikasi Dan Validasi Bea Perolehan Hak Atas Tanah Dan Bangunan Oleh Dinas Pengelolaan Pendapatan Keuangan Dan Aset Daerah Terhadap Akta PPAT di Kabupaten Tegal” dengan menggunakan pendekatan metode yuridis empiris, dalam pengumpulan data yang ada dilapangan dengan wawancara kepada para pihak yang terkait dengan masalah yang di teliti kemudian dikaji dengan sumber hukum berupa peraturan perundang-undangan, kaidah-kaidah hukum maupun teori ilmu hukum.Penelitian ini menghasilkan pada pokoknya : Pelaksanaan verifikasi dan validasi Bea Perolehan Hak Atas Tanah Dan Bangunan oleh Dinas Pengelolaan Pendapatan Keuangan Dan Aset Daerah Terhadap Akta PPAT Di Kabupaten Tegal di atur dalam Peraturan Bupati Tegal Nomor 32 tahun 2012 Tentang Tentang Bea Perolehan Hak Atas Tanah Dan Bangunan yaitu pasal 31 sampai dengan pasal 35. Dalam penentuan besaran BPHTB mendasarkan pada nilai terbesar antara nilai jual beli sebagaimana akta jual beli dan nilai NJOP dan nilai transaksi/nilai pasar yang telah di tentukan oleh Dinas Pengelolaan Pendapatan Keuangan Dan Aset Daerah. Akibat hukum dari Sistem verifikasi dan validasi pembayaran BPHTB yang diatur di dalam Peraturan Bupati Nomor 32 tahun 2012 sudah menghilangkan prinsip sistem Self Assessment karena Wajib Pajak tidak dapat lagi menghitung dan membayarkan sendiri utang pajaknya. Sehingga Peraturan Peraturan Bupati Nomor 32 tahun 2012 Tentang Tentang Bea Perolehan Hak Atas Tanah Dan Bangunan tersebut tidak sesuai dengan aturan yang terdapat dalam Peraturan Pemerintah Nomor 91 Tahun 2010 tentang Jenis Pajak Darah yang dipungut berdasarkan penetapan kepala daerah atau dibayar sendiri oleh wajib pajak, sehingga dapat dibatalkan demi hukum. Akta PPAT selama memenuhi syarat sahnya perjanjian sebagaimana dalam Pasal 1320 KUHPerdata, serta di buat oleh pejabat yang berwenang dengan berdasarkan undang-undang sebagaimana Pasal 1868 KUH Perdata mempunyai kekuatan hukum mengikat sebagaimana kekuatan hukum akta ontentik, meskipun tidak bisa dilaksanakan ketika dalam Verifikasi Dan Validasi Bea Perolehan Hak Atas Tanah Dan Bangunan oleh Dinas Pengelolaan Pendapatan Keuangan Dan Aset Daerah. Kata kunci : Akibat Hukum, Verifikasi Dan Validasi, Bea Perolehan Hak Atas Tanah Dan Bangunan

The Role And Notary Responsibilities Of Establishment Of A Commanditary Fellow Nailatul Muna; Cahaya Mutiara Mardiana Putri; Anis Mashdurohatun
Jurnal Akta Vol 7, No 2 (2020): June 2020
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v7i2.7632

The purpose of this study was to: 1) Analyze know their roles and responsibilities in the establishment of the Guild Commanditaire Notary. 2) Obstacles encountered in implementing the Notary's role and responsibility in the establishment of the Guild Commanditaire. 3) The solution or an attempt to overcome the obstacles encountered in implementing the notary's role and responsibility in the establishment of the Guild Commanditaire.This study using sociological juridical approach or empirical legal research involves studying law from an external perspective to the object of the study of social attitudes and behavior against the law. Sources of primary data from interviews, while secondary data from literature. The study was analyzed by using a descriptive analysis.The research results are: 1). Roles and responsibilities in the establishment of the Guild Commanditaire Notary is to create legal certainty for the deed he made are authentic and can be used as a means of proving strong and when there are problems associated with the establishment of a limited partnership. Notary also instrumental in the establishment registration Kommanditgesellschaft the Ministry of Law and Human Rights through an online system that is SABU. Notary responsible for storing all documents in the manufacture of the deed of establishment. 2). The obstacles faced by the Notary is the rule about registering through SABU is still relatively new so in the field occurred constraints for example, many notaries are not yet aware of any changes to the rules and the registration mechanism.Keywords: Guild Commanditaire; Deed; SABU.

TINJAUAN HUKUM TERHADAP PERMOHONAN PEMBATALAN AKTA JUAL BELI YANG DIBUAT OLEH NOTARIS/PPAT ( STUDI KASUS PT. WAHANA WIJAYA LESTARI REALITY DENGAN YO SWIE TJIN ) Fifian Leliana; Anis Mashdurohatun
Jurnal Akta Vol 4, No 3 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i3.1801

Research entitled "Legal Review Against the Request of Cancellation of Deed of Sale and Purchase Between PT. Wahana Wijaya Lestari Reality With Yo Swie Tjin "aims to 1) explain and provide knowledge about the terms of making the sale and purchase deed pursuant to the prevailing rules, 2) to give understanding about judge's consideration to the request for cancellation of deed of sale and purchase between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin, and 3) provide understanding and knowledge about the legal consequences of the cancellation of the deed of sale and purchase between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin.Based on the research, it can be concluded that 1) the provision of the deed of sale and purchase based on the prevailing rules by paying attention to the important matters by fulfilling the formal and material requirements, ordering the administration, running the rules of law such as Civil Code, UUPA, UUJN, PP number 24 years 1997, PP number 37 of 1998. 2) judge's consideration of the request for cancellation of deed of sale and purchase between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin is based on the non-fulfillment of Article 1320 of the Civil Code regarding the validity of a treaty, Article 1321 of the Civil Code that there is no valid agreement if it is given by mistake, or obtained by coercion or fraud, any deviations from material requirements and formal conditions. 3) the legal consequences of the cancellation of the deed of sale and purchase between PT. Wahana Wijaya Lestari Reality with Yo Swie Tjin decided by Bandung District Court that the deed of sale and purchase number 250/2012 dated June 16, 2012 and deed of sale and purchase number 251/2012 dated June 16, 2012 made before PPAT (Plaintiff) is legal defect.Keywords: Cancellation, Deed of Sale and Purchase, Parties

PROTECTION AGAINST RECIPIENTS NOTARY DEED THAT ALLEGEDLY PROTOCOL TO THE LEGAL ISSUE IN SEMARANG Megacaesa Fuditia Fuditia; Ni Made Srinitri; Anis Mashdurohatun
Jurnal Akta Vol 7, No 2 (2020): June 2020
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v7i2.7888

Notary Appointment as Notary Protocol holders and storage required to accept the delegation of the protocol, because at the beginning of his run, every Notaries are required to make a statement about its willingness to accommodate the move Notary Protocol, quit, or died. As a holder of the protocol but can learn a lot there is also a consequence of the receipt of such deed is when there is a legal problem, as the holder of the protocol also participated as a defendant or summoned by investigators in order to bring that existed at the Notary deed holder protocol. However, it has become a legal obligation Notary. The purpose of this research are: 1) To analyze and assess the extent of legal protection against protocol receiver notary deed allegedly related legal issues in the city of Semarang. 2) To analyze and assess the barriers in the legal protection of the receiving notary deed allegedly protocols about legal issues in the city of Semarang. 3) To formulate legal protection against protocol receiver notary deed was allegedly associated legal problems in the future.Notary receiver and storage protocol is not responsible for the contents of the deed of the substance or the above protocol receives. UUJN enactment, not without obstacles in its implementation. It was mainly related to the legal protection of a notary. Those barriers between them, yet the formation of the Implementing Regulation and Role Change THIS UUJN to socialize UUJN Changes in certain areas less. Legal protection should be given to the notary deed protocol receiver must be in accordance with Law Notary Article 66 paragraph (1) of Law No. 2 of 2014 on the Amendment of the Law of the Republic of Indonesia Number 30 Year 2004 on Notary.Keywords : Deed, Legal, Notary, Legal Protection, the Protocol.

RECONSTRUCTION OF PARATE EXECUTION MORTGAGE RIGHTS TO LAND BASED ON THE VALUE OF JUSTICE Zaenal Arifin; Anis Mashdurohatun
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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Credit risk in the context of financial institutions is a common occurrence but it has a negative impact if not insurmountable be influential on the soundness of the financial institution. Nevertheless, this risk can be managed and controlled, by way of precaution in terms of lending.1 Therefore, in the granting of credit, the bank must pay attention to the principles of lending right,2 which one of them is through the appraisal (coleteral) in the form of collateral that can be used as protection for creditors (financial institutions) in the event of default or breach of contract. Use of the mortgage institutions by financial institutions as collateral for the credit of the debtor for repayment of debt, considered more a sense of security in terms of lending, compared with provisions on the guarantee in the Civil Code in Article 1131. The weakness in terms of guarantees contained in the provisions of Article 1131 of the Civil Code is very different from the conception of the imposition of bail in the mortgage rights Act which guarantees the imposition of security rights institutions specifically tied and mutually exclusive because it applies only to one creditor only. This legal consequences on the situation in which if the debtor in default, mortgage holders creditors are entitled to sell the object as collateral through public auction in accordance with the provisions of the legislation in question with the right to precede rather than other creditors. Based the provisions of Article 6 of Law No. 4 of 1996 On Mortgage of Land And Objects Relating to Land (hereinafter referred to as UUHT). Takeover of collateral can be done by holders of mortgage without the need to seek prior authorization to the giver mortgag, and do not need to also ask for the establishment of a local court, if want to execute on mortgage as collateral the debt of the debtor in the case of debtor default.3 Mortgage holders may request to the Head of Auction Office to the auction on the objects mortgage concerned,4 so this is a new step where before the execution of the deed grosse mortgages can only be done through the execution of the District Court.5 Execution of mortgage, this concept is known in the Code of Civil Code (hereinafter referred to as the Civil Code) is known as parate execution as referred to in Article 1178 of the Civil Code. Based these provisions, the takeover of the collateral in the form of a guarantee can be done by holders of mortgage (creditor) without the need for prior approval to the mortgage providers, when will be the execution of the mortgage which is a guarantee of debt of the debtor in which case the debtor is in default, this concept is known as parate execution which means that people refer to it as the execution is always ready at hand or parate execution.6 In practical implementation, execution parate implementation on the mortgage rights are not clear and even tend to stray far from the principles and doctrines parate execution. This is one of them can be seen in Article 14 paragraph (2) and (3) UUHT, where execution can be carried out on the certificate of mortgages in which includes irahirah with the words : “FOR THE SAKE OF JUSTICE UNDER THE ONE ALMIGHTY GOD”. Thus, the aforementioned phrase (irah-irah), indicates that the execution of the security object on the ground bound with mortgage understood as execution as grosse acte hypotheek. Other than that, on a general explanation Point 9 of the Act Mortgage stated that the concept of parate execution mortgage referred to in Article 14 paragraph (3) of the law still refers to Article 224 Herziene Indonesisch Reglement (hereinafter abbreviated as HIR). HIR provisions of Article 224 states that : The original letter from the letter of the mortgage and debt securities strengthened in front of a notary in Indonesia and whose head wear the words “On behalf of the Law”, equal magnitude with the judge’s decision, if the letter that should not be kept by peaceful means, then subject it to run held by the command and leadership from chairman of the district court which is in the jurisdiction the person who owes it silent or stay or choose a place of residence in the manner stated in the articles above in this section, but with the understanding that force the body can only be done, if it is allowed by the judge’s decision. If carrying out that decision to be executed at all or in part outside the area of the law courts the chairman ordered to run it, then the rules in Article 195 second paragraph and the next one followed. This condition caused multiple interpretations are not contradictory between Article 6 jo. Article 20 Paragraph (1) Clause (a) of the Act Mortgage, Article 14 paragraph (3) and Point 9 General Explanation Mortgage Act. This condition eventually making the principles of simplicity and legal certainty parate execution of mortgage not be achieved because eventually the creditor, in this case the holders of mortgage, can not run execution of mortgage easily, in accordance with the ideals of the establishment of the Act Mortgage as stated in the General Explanation of Mortgage Rights Act.

RECONSTRUCTION OF THE WASTE MANAGEMENT LAW BASED ON WELFARE VALUE M. Hasyim Muallim; Gunarto Gunarto; Anis Mashdurohatun
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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To achieve the condition of society who live healthy and prosperous in the future, it will be necessary to have a healthy living environment. From the aspect of waste management, the healthy word would mean a condition that would be achieved if the waste can be managed well so that the living environment where human activity there will be clean (Permen PU number: 21 / PRT / M / 2006). Vision of the development of waste management systems of Departemen Pekerjaan Umum dan Perumahan is " Permukiman Sehat Yang Bersih Dari Sampah", it is reflects to achieve of a good condition and healthy environment. In general, according to the Peraturan Menteri PU nomor: 21/PRT/M/2006, the areas that get solid waste services will either be shown to have the following conditions: a.) The society has access to handle the waste that are producted from daily activities, either in living environment, commerce, offices, and other public places, b). The society has a clean living environment because the waste that are produced can be handled properly. c). The society are able to maintain their health because there is no waste that could potentially be material transmission of diseases such as diarrhea, typhoid, dysentery, and others; and environmental disturbances from pollution of air, water or soil. d.) The sociaty and the business / private sector have the opportunity to participate in waste management so as to obtain benefits for welfare. Until now, waste management paradigm used is: GATHERING-TAKING and REMOVING, and the mainstay of a city in resolving problems of waste is landfilling in TPA. The city manager is less likely to give serious attention to the TPA, so came the failure cases of TPA. The city manager seems to assume that their TPA can solve all waste problems, without having to give proportionate attention to these facilities. TPA can be time bomb for the city manager. To achieve optimal waste services, it's time for a paradigm change municipal waste management. Transformative paradigm is the concept of municipal waste management to prevent or minimize the generation of pollution and other negative impacts that are detrimental to society and the environment. According to Witoelar (2006: 2) takes pioneers to change the paradigm of waste management from the approach end of the pipe (end of pipes) that dispose of waste directly to TPA towards waste management with the principles of 3R is Reduce, Reuse and Recycle. In the case of this paradigm change is far behind the other countries. For example, according to Buclet and Olivier waste management paradigm change in most European countries has been started since 1970. The waste management policy emphasis on waste reduction at source, sorting and recycling. A very important starting point in this paradigm change is a change of policy toward the minimization of garbage at the source, rather than on disposal. According to Law No.18 of 2008 on Waste Management, there are two main groups of waste management are: a.) Reduction of waste (waste minimization) consisting of restrictions on the trash, reuse, and recycling, b) Waste management (waste handling ). This condition is emphasized that the main priorities that should be done by all parties is how to reduce waste as much as possible. Part of waste or residue from waste reduction activities remaining is then performed processing (treatment) and heaping (landrilling). Waste management is an important issue in the problems of city environment that is faced in line with population growth and an increase in construction activity. The increase in waste volume grows exponentially which has not been accompanied by an increase in local government revenue equivalent to the management of municipal solid waste (Puslitbang Permukiman, Bandung 2014). This relates to the increasingly difficult and expensive to get the location of the final disposal (TPA), also are located farther away has extended transport and increase the cost of transportation.

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