Normative Problems in Settlement of Waste Disputes in Court According to Law Number 18 of 2008 Concerning Waste Management

Pujiyanto, Risang and Wulung, R.B. Seno and Sonny Taufan, - Normative Problems in Settlement of Waste Disputes in Court According to Law Number 18 of 2008 Concerning Waste Management. Jurnal Ilmu Hukum.

Text Penelitian 10. Normative problems in settlement...., Jurnal UNIFIKASI, 2022.pdf Restricted to Repository staff only Download (425kB)

Abstract

Garbage production keep increasing along with population growth that the waste can be the source of contention if it is not properly managed. Accordingly, dispute resolution in waste management is currently governed by waste management law no. 18 of 2008. The rules governing it, however, remain vague. This study is normative and follows a statutory approach. According to the findings, the aforementioned law, in particular, does not clearly define waste management officers as dispute parties. In which it violates the principle of formula clarity enshrined in Law No 12 of 2011; the establishment of law and regulation, as last amended by Law No 13 of 2022; Second Amendment to Law No 12 of 2011, which is the Invitation to Form Legislation. To summarize, the ambiguity in waste management definition can eventually lead to legal certainty; waste disputes.

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