Bill on Waste - Passes the DPR

There is a simple rationale for this bill; an ever-increasing population means an ever-increasing level of waste produced with an ever-increasing variety in the types of waste produced. Indonesia already recognizes that waste is a problem, particularly waste management, and there is a need to provide a comprehensive regulatory framework that provides for modern techniques and methods to be implemented with a view to reducing any negative impacts on the environment.

Waste is a national problem and consequently requires a national response. This national response must include community participation. Therefore, the bill provides for enhanced legal certainty, clean waste management responsibilities, and an explicit list of government authorities and powers.

Waste is classified into three basic types:

• household;

• household equivalent (such as that produced by business); and

• specific (dangerous materials, poisons, disaster waste, and waste from the destruction of buildings).

The basic authority held by the government is to manage waste issues through the formulation of national policy and strategy. This policy and strategy will be implemented on the provincial and municipal level by the relevant governments at those levels.

Rights and obligations under the bill include the right to have a working waste management policy implemented and the right to participate in waste management. The obligations include efforts to reduce and handle waste in a more effective manner.

All waste management services must be licensed. The government is to issue the licensing procedures which will be implemented on the regional level through Regional Regulations. Once an application is received a decision must be made to grant or reject the application. All license decisions are to be publicly announced.

The government is to pay fees for waste management services. The government is also to pay compensation to any individual affected by waste related injuries.

The bill includes a list of prohibitions. These include, among others, a prohibition on the import of waste to Indonesia.

There are specific dispute resolution provisions in the bill. However, it must be noted that the bill also provides for class action law suits to be undertaken.

There are administrative and criminal provisions in the bill. The criminal provisions provide for terms of imprisonment up to 12 years and fines of up to IDR 5 billion.

All associated Government Regulations must be enacted within one year of the bill coming into force. All Regional Regulations required under the provisions of the bill must be enacted within three years of the bill coming into force.

The bill was passed by the DPR on 9 April 2008.