Law No. 18/2008 regarding Rubbish Management

7A CHAPTER I GENERAl PROVlSlON PattOne Definition Article 1 Rt::rt::rl~U tv jllthi~ IdW d~; 1, Rubbish shallbe soto material left over from dailyhu manactivityand/or natural process. J. Spe(:ific rubbi'h £hall be I'I.lbbkh requiring~al tl"J?<lt mentbecauseof its characteristic, concentrate and/or volume. 3. Rubbish source shall. be originwhere rubbish comes from, 4. Rubbish producer shall be everybody and/or natural process resultingin rubbish. 5. Rubbish managementshallbe a systematic, compre hensive andsustainable activity coveringthe reduction and handling of rubbish. 6. Temporary ~tiOI1 ploce sholl be e piece before rub bishiscarried to rec:yding, treabnentand/or integrated rubbish treatmentplace. 7. Integrated rubbish treatment plaO!!' 'ih~1l hP ~ plac':e wherethe collection, sorting, re-use, recycle andfinal processing of rubbishare executed. 8. Final processing placeshall be a place- usedfor pro cessing and returning rubbish to the environmental mediain a safeway forhumanandthe environment. CompensatiOn shallbe the grantingof reward for any body affected negatively byrubbish handlingIn the fi nalprocessing piaceof rubbish. 9. Party shall be indivipual, group of people and/orstetu to/Y tooy. Emergency responsive systemshall be a seriesof ac tlvities carried outin the framewod<. of controlling, which covers prevention and mit~tirm of aocident attribut able to improperrubbish management. central government hereinafter""'led the government, c;hrlll be the president of the Republic ofIndonesia hold~ ing the executive power of the Republic of Indonesia asmeant in the Constitution of 1945. to, Regional governmentshall begovernor, regentormayor and regional apparatuses asregional aamlnisllators. DECIDES: RUBBISH MANAGEMENT (l.aw Number 18 Year 2008 dated May 7,2008) BY GRACE OFntE AlMGI-fTY GOD mE PRESIDENTOFntE REPUBUC OF INDONesIA, With the jointapproval of 'Tl-1E HOUSE OF REPRESENTATIVES OFntE REPU8UC OF INDONESIA and 'Tl-1E PRESIDENT OFmE REPU8UC OF INDONesIA To stipulate>: mE LAW REGARDING RUBBISH MANAGEMENT, In viewof: Article 5 Sentence (ll, Article 20, Article 28H Sentence (1), and Article 33 sentence (3) and Sentence (4) of the Consttution of 1945; Considering: a, thatthegrowth of populationandchange in consump' tion pattern of peoplehave increasedthe volume, kinds andcharacteristics of the increasingly varying rubblsh: b. that rubbish management has not been suitableto en Vironmentally sauna l'lJtIDlsn management mernOCl aM technique thus bringingabout negativeimpacts to the public health andenvironment; c. TIldl rul>bl:sh \Idl) become d neuur ldl is~ut: su lhdt the management needs to be executed comprehensively and in integrated manner as from the upstream to dcwnstreem 50 as to bring about cconomk and medi ca/benefitto thepeopleandsafefor the environment aswellasto be able to change the people's behavior; That lcgaI certainty, darity of responsibility and authority of the government. regional administration aswellas public partldpation areneeded in rubbish management 00 that the rubb~h 'fn be mananed ~rtinn;:l'ty< pf fectively andeffICiently; That having regards letters a, b, c and d, Itis neces o;;:try to enact a law regarding rubbishmanaQelTlent; Business News 771,~-11 jO{iO~29-2008 11. Minister .••.. 11.Ministershall be the ministerin chargeofenvironmen tal management affairsand other related administra tion affairs. Part Two SCOpe Article 2 (1) Rubbish managed on the basis of this lawshall consist of: a. Domestic rubbish; b. Rubbish similarto domestic rubbish;and c. Specific rubbish. (2) The domesticrubbishasmeant in sentence(1) letter a shall result in from daily activities in the household, excluding feces andspecificrubbish. (3) The rubbish similar to domestic rubbishas meant in ~ntence (1) letter b shall result frOlTl commerclalarea, industrial estate, special area,social facility,publicfa cility end/or other facility. (4) The specific rubbish as meant in Sentence (1) letter c shallcover: a. rubbish containing dangerousand toxic materials; b. rubbish rontaining dangerous and toxic waste; C. rubbisharisingfrom disaster; d. ruinsof removed building; e. rubbish whichhasnot been able to process techno logically; and/or f. rubbish not arising periodically. (5) Further provision on kinds of specificrubbishoutside the provision as meant in Sentence (4) shall begov ernedby a regulation of the Ministerin charge of envi ronmental affairs. Q-lAPTERli PRINOPLE AND OBJECTIVE ArtiCle 3 Rubbish management shall be executed on the basis of the principleof responsibility, sustainabilily,ben efit, justice, l'lworeness, togetherness, safety, security and economic value. Article 4 Rubbish managementshallaim at enhancing the public healtf1 and quality of the environment as well as promotingrubbishas resource. Business Newsm9-7730/10-29--2008 SA QiAPTERm TASK AND AlffifORITY OFADMINISTRATION PartOne Task ArticleS Thegovernmentand regionalgovernmentsshall be assigned to guarantee the implementation of proper andenvfmnrnentaHy sound rubbish management inaccor dance with the objective as meant in this law. Article 6 The taskof the governmentand regional govern mentsas meant in Article 5 shallconsistof: a. driving upand enhancing publicawareness in rubbish management; b. urKJertakingresearch, developing rubbish reduction and handling technology; c. facilitating, developing and undertakingefforts to re duce, handleand utilize rubbish; d. undertaking rubbish rneneqernent end facilitating the provision of rubbish management infrastructure and facility; 1". pncnuraging and facilitating the development of ben efits resultingfrom-the rubbish'management; f. fadlitatingthe applIcation of loCal spedfictechtiology which develops in local communities to reduce and handle rubbish; and g. undertakingcoordinating betweengovernment insti tutions, communities and business communities so to as to result In rntegraUon in rubbish management. PartTwo Authority of Government Article7 In executing rubbish management, the govern ment shall be authorized: a. to stipulatenationalrubbish management policies and strategies; b. to stipulate rubbish managementnorms, standards, procedures and crttena: c. to facilitate and develop inter-regional cooperation, partnership and networking in rubbish management; d. to coordinate, foster and <;1J~lVi<;pperformance of re gionalgovernments in rubbish management; and e. to stipulatepolicies on the settlementof inter-regional disputeover rubbish management. PartThree ..... PartThree Authorityof ProvindalGovernment Articlg 8 In executing rubbish rranacerrent, prOVindal gov ernmentsshallbe authorized: a. tostipulatepolicies andstrategies inrubbish manage ment in accordance with the government policies: b. to fadlitate cooperation-between regions in a prov ince,partnershipand networking in rubbishmanage ment; c. tocoordinate, foster andsupervise perl'or111ana! of rer gencies/dties inrubbish management; and d. to facilitate the SQtfIementofdispute overrubbish man agementbetweenregencies/cities Ina province. PartFour Authorityof RegenlaVMunidpal Government Artide 9 (1) In executing rubesn management, regenraf/munltlpal governments shallbeauthorized: a. tostipulate rubb~h management pdllciesandstrat· egieson the basisof national and proVindal poli cies; b. to undertake regenCY/dty-scale rubbishmanage ment in accordance with norms, standards, proce duresandcriteriastipulated by the gcwernment; c. to fosterandsupervise performance of rubbish rren agementexecuted byother party; d. to snputate locationof temporarycouecnon place, integrated rubbish processing place and/or final rubbish processing place; Q. to monitor andevaluate periodicillly, every 6 (.ix) monthsfor 20 (twenty) yearsthefinal rubbish pro cessing place by open disposal system which has beenclosed; and f. to fonnulateand implement rubbish emergency re sponsive system in accordance with their author ity. (lJ ~tlpUlationof me integrated rubbishprocessing place and final rubbish processing placeas meant In sen tence(1) letter d shall be part of the regency/citylay out plan in accordance with legislation. (3) Further provision onguidelines ontheformulation of the emergency responsive system asmeant in5entena! (1) letter f shan be governed by a regulation d the Minister. Business News 7729-7730/10-29-200B 9A PartFive Sharing ofAuthority Article 10 Thesharing of administration authority inthe field of rubbish managementshall be done inaccordance with the provbion~ of legl~lation. CHAPTERN RIGHTANDOBUGATION PartOl1e Right Arlide 11 (1) Everybody shallbe entitled: a. to obtain service in proper and environmentally sound rubbish management from thegovernment, regionalgovemmentsand{OK partiesassigned to beat the responslbl1lty; b. topartldpateIn decision making, operation andsu pervision in the field of rubbishmanagement; c. to obtain true, accurate and on-time information about the operationof rubbishmanagement; d. tosecure protectionand compensation because of thenegative impact of theactivities of final rubblsh processing place; and e. to ObtaInUle fOStering sothatrubOlSh management could be executed property and environmentally friendly. (2) Purlller provision uri procedures for exercl~1I1Y the rights as meant in sentence (1) st,all be governedby government regulation and regional regulationin ac cordance with their respective scope of Quthority. PartTwo ObIigafum Artide 12 1) In managing domestic rubbish and rubbish similar to domestic rubbish, everybody shall be obliged to re duceand handle rubbish by environmentallyfriendly methods. 2) Furtherprovision on technicalprocedures for the man agement of domestic rubbish and rubbish similar to domestic rubbish as meant in sentence (1) shall be governedby a regionalregulation. Article 13•.•... lOA Article 13 Management of resettlement area, commercial area, industrial area, special area, public fadlity, social facilityandother facility shall beobliged to provide rubbish sorting facility. Article 14 Every producer shall mention label or mark re latedto reduction andhandling of rubbish inpackage and/ or product, Article 15 Producers shall manage the produced package and/orproducts which could notdisintegrate ordiffICUlt to disintegrate by naturalprocess. Article16 Furtherprovision on procedures for theprovision of the rubbish sorting fadlity asmeantin Article 13,pr0ce dures for labeling or rrmrking as meant in Artide 14, and obligation of producers asmeantin Artide 15shall be gov erned by a government regulation. CHAPTER V UCENSING Article17 (1) Anybody undertaking rubbish management business activityshall be obliged to secure license from heads of regions inaccordance with their respective scopes ofCIutuor ity. (2) Thelicense asmeantin Sentence (1) shall be issued in accordance with the provisions stipulated bythe gov emlYlPnt~ (3) Furtherprovision on procedures for securing the li cense as meantin sentence (1) shall begoverned by a regional regulation inaccordance with their respec tive scopes of authority. Altide 18 1) Decision onthe licensing of rubbish managementshall be announced publidv. 2) Fllrthl;'r pmvic;.inn on business lines of rubbish man agement which secure license and procedures for the announcement asmeantin Sentence (1) shall begov ernedbya regional regulation. Business News7129-7730/10-29-2008 CHAP1ERVI RUBBISH MANAGEMENT Part One Management of Domestic Rubbish and Rubbish Similar to Domestic Rubbish Article 19 Managementofdomestic rubbistland rubbish simi lar to domestic rubbish shall consist of: a. Rubbish reduction; and b.Rubbish handling. Sentence One Rubbish Reduction Article20 (1) The rubbIsh reduction as meant In Article 19 Itner a shall coveractivities of: a. Restriction of rubbish source; b. Recycling of rubbish; and/or c. Re-use of rubbish. (2) The governmentand regional governments shall be obIigM to undertakethe activities as meant in Sen tence(1) by the follOWing means: a. Stipulating the target of rubbish reduction graduaHy in a specified. period; b. Fadlltatlng the application d environmentaHy sound technology; c. Facilitating the application of labelof environmen ta1ly sound products; d. Fadlitating the re-use andrecycling; and e. Facilitating the marketingof recycled products. (3) BUSiness commumnes In executlng the aCUVIt1eS as meantin sentence (1) shan useproduction materials which yield rubbish asminimumaspossible, coukl be re-used, recycled and/or Is easy to &~intcgrnte by natural process. (4) Communities inexecuting theactivityof rubbish reduc tion as meant in Se!ntel1Ce' (1) shall lISe materials which can be re-used, recycled and/or are easy to disinte grate bynaturalprocess. (5) Further provision onthe reduction of rubbish asmeant insentence (1), sentence (2), sentence (3) andsen tence (4) shall be governed by a government regula tion. Article 21. •... Article 21 (1) The government shall provide: a. Incentives for everybody undertaking rubbish reduc tion; and b. Disincentives for everybOOy not undertaking rubbish reduction. (2) Further provision on kInd, model and procedures for providingthe incentivesand disincentives asmeant in Sentence (1) shall be governedby a governmentregu lation. Sentence Two Rubbish treatment Article 22 (1) The activityof rubbishtreatment asmeant in Article19 letter b shall include: a. Thesorting in the form of classification and separa tion of rubbish in accordance with kindj quantity and/or characteristicof rubbish; b.TheCOllection Inthe form orme takingand removal of rubbish from rubbish sources to temporary col lection place or integrated rubbish processing place; c. The transportation in the form of the canying of rubbishfrom sourceand/or temporary rubbishcol lection place or integrated rubbish processing place to the final processing place; d. The processing in the form of the changein charac teristic, compositionand quantity of rubbish; and! or e. The final processing in the form of the returning of rubbishand/or residueresulting from the previous processing to the environmental media safely. (2) Furtherprovision on the rubbishtreetmentas.meennn Sentence (1) shall be governedby a governmentregu lation and/or regional regulation in accordance with their respccnvc acopca of Cluthority. PartTwo S~ifk: Rubbish M;:magement Article 23 1) The management of specific rubbish shall be the re sponsibilityof the government. 2) Further provisionon the management of specfk rub bishas meant in Sentence (1) shall.beqovemed by a governmentregulation. Business News 7729-7730/10-29-200B UA q;APTER VII ANANONG AND COMPENSATION PartOne Financing Article 24 1) The government and regional government shall be obligedto financethe implementationof rubbish man dgt:fI1tml. 2) The financing as meant in Sentence (1) shall come from the state budgetof revenueand expenditureand regional blldgets of revenue and av.penditurJ?o 3) Further provision on the financing as meant in Sen tence (1) and Sentence (2) shall be governed by a government regulation and/or regional regulation. Part Two Compensation Article 25 1) Thegovernmentend regional governments individually or collectively maygivecompensation to people to com pensate m:ydlive irllpt1LI.::. drbing from Ult' activities of rubbishhandlingin the final rubbishprocessing place. 2) The compensation as meant in Sentence (1) shall be in the form of: a. relocation; b. environmental restoration; Co medicaland therapy cost; and/or d. compensation of other form. 3) Further provisionon the negative impact and compen sation asmeant inSentence (1) and Sentence (2) shall be governedby a government regulation. 4) Further provisionon the provision of compensation by the governmentand regionalgovernmentasmeant in ~ntence (1) snailbe governedoy a qovemment rt:yu lation and/or regional regulation. CHAPTEP.Vlll COOPERATION AND PARTNERSHIP PartOne Inter-reqional Cooperation Article 26 1) Regional governments may cooperate with other re gionalgovernments in the rubbishmanagement. 2) Thecooperation-as meant in Sentence (1) may be re alized in the form of cooperation and/or establish ment of collectivebusiness of rubbishmanagement. 3) Further ..... 12A 3) Further provision on guidance for cooperation and model ofcoNective businessbetween regions as meant in Senlem:.e (1) shalt be governed in a regulation of the Ministerin chargeof homeaffairs. Pl'lrtTwn Partnership ArtiCle 27 1) Regental/city governments individually or coJlectively may promote partnershipWith rubbish management business entities in theimplementation of rubbish man agement. l) Thepartnership asmeant In sentence (1) !;hdll be wlil ten down in the form of agreementbetweenregental! municipal governments andthe business entities. 3) Procedures for executing the partn~rshipas meant in Sentence (2) shallbe in accordance with legislation. CHAPTER IX PUBUC PAR110PA110N Article28 (1) The publicmayparticipatein the rubbish management executed by the government and/or regional govern ments. (2) Theroleas meant in sentence (1) may berealized by: a. Submitting recommendation, consideration, and sOg gestion to thegovernmentand/or regional govern ment; b. Formulating rubbishmanagement pOlicy; and/or c. Conveying recommendation and opinion in the settlementof rubbish-related dispute. (3) Further provision on the model and procedures for executing the public partidpation asmeantin Sentence (1) and Sentence (2) shall be governed by a govern ment regulationand/or regional regulation. CHAPTER X PROHIBmON Artide 79 (1) Everybody shallbe prohibitedfrom: a. Importing rubbish into the territory of the Unitary Stateof the Republic of Indonesia; b. Importing rubbish; c. Mixing robbfsh with dangerous and toxic waste; d. Managing rubbish, which pollutes and/or destroy the erwronment: Business News7729-7730/10-2.9-2008 e. Disposing rubbishnot in the stipulatedOf provided place; Ilandling rubbish by open disposal in the flnel processin place;and/or f. Burning rubbishby way not suitableto the technical reQuirements of rubbish manaoement. (2) Further provisionon the prohibition as meant in Sen tence (1) letter a, letter c and letter d shall be gov ernedbya government regulation. (3) Furtherprovisionon the prohibition as meant in Sen tence (1) letter e, letter f and letter g shall be gov ernedbya regionalregulationof regency/city. (i)111e 1~9ional regulation of regency/dty as meant in (3) may stipulatesanction in the form of implisonmentor fine for the violationof the provisionas meant in sen tf'nC€' (1) letter e.. letter f and letter g. CHAPTER XI SUPERVISION Article 30 1) The government shall supervise the implementation of rubbish managementpolicies by regional govern ments. 2) Governors shallsupervise the implementation of rub bishmanagement in the regental/munidpallevel. Article 31 1) Supervision overthe implementation of rubbish man agementexecuted by rubbish managers shall bedone bY regional governments individually or jointly, 2) Thesupervision bytheregional governments asmeant in-sentence (1) shall be basedon supervision norms, standards, procedures and criteria governed by the government. 3) Furtherprovision on supervision overthe rubbish man agementasmeant In sentence (1) snail be governea by regional government. Q.lAPTER XII ADMINISTRATIVE SANCTION Article 32 (1) Regents/mayors may imposeadministrativesanction on rubbishmanagersviolatingtherequired provisions stipulctted in thelicensing. (2) The administrativesanction as meant in sentence(1) may be In the rorm Of: :'I. Administration.... 13A a. Administrationcoerciveness; b. Coercive money; and/or c. Revocatio of license. (3) Furtherprovision on the applicationof the administra tive sanctionas meant in Sentence (1) and Sentence (2)shall be governed byregional regulation ofrege",,!! city. OiAPlERXIII SElTELEMEI'IT OFDISPI./TE PartDne General Article 33 (1) Dispute whichmayarisefrom the management of rub bishshallconsistof: a. OiSDutebetween realonalQovernmentandrubbish manager;and b. Dispute between rubbish manager and communi ties. (2) The settlement of the dispute as meant iii sentence (1) may be rea1ized throught out-of-court settlement or the court. (3) The settlement or the rnsputeas meant In sentence (l) and Sentence (2) shallbe executedin accordance with legislation. PartTwo Out-of-COurtSettlementof Dispute Article34 1) The out-of-court settlement of dispute shall be reel lzed by mediation, negotiation, arbitration or other choices of parties in dlspute. 2) In the caseof the out-of-court settlement asmeant in Sentence (1) failing to achieve anagreernent, the par tiesin disputemay bring about thecaseintothe court. PartThree settlement of Dlpsutein the Court Article 35 1) Thesettlementof rubbishdispute in the court shallbe donethrough Iawsu~ against legal n. J) ThPli'lWSllit "'OrliMt thP.lP.gal violationasmeantin Sen tence(1) shalfrequirl';! the plaintiff to provesubstance of mistake, lossand causativerelations between the action and lossarising from. Business Newsn29-n30!10-29-2008 3) Demandand lawsuit against the legal violation asmeant in Sentence (2) may be in the form of compensation for lossand/or specificmeasure. Part Four Class Action Article 36 Communlties.- byunlawfulactm in the field of rubbish management shall be entitled to file lawsuit through dass action. Part FIVe RIghtof RubbishOrganlZatlon to Filelawsuit Article 37 1) Rubbish organizationsshall be entitled to file lawsuit in the Interest of rubbish management, which i::; oefc for the public healthand environment. 2) Theright to file lawsuit asmeant in Sentence (1) shall be limited to specifIC measure.except real costor ex pendlture. 3) Rubbish organization entitled to file the lawsuit as meant in sentence(1) shallcomplywith the following requirements: 3. In the form ofstatutory bOOy; b. Having memorandum of association in the rubbish nlanagernent;and Already executingconcreteactivity minimallyone year,according to the memorandum of association trereor. OiI\l'TI'RXIV INVC::mGAnON Article 38 (1) Besides investigators of the IndonesianPolice, certain dvll SSlVsnts within thti! government instnutions in chargeof rUbbish managementaffairs shall begiven spedal authority IDbeclon1e thelnvestigatorsasmeant ih the Qirninal COde. (2) Thecivfl servant Investigatorsas meant in sentence (1) shall beauthorized: a. To examine the truth of report or information re latedto crime in the field of rubbishmanagement; b.To interrogateanybodyallegedlycommIttingcrime in the field of rubbishmanagement; c. To •••• c.To ask information and evidencefrom the relevant party in connection with the crime in the field of rubbish manaoement; d. To audit bookkeeping, record andother documents related to crime in the field of rubbish manage ment; e. To inspect certainplaces allegedly containing evi dences, bookkeeping, andotherdocuments aswell asconfiscate substances andgoodsresulting from th crime, which may be used as evidence in the caseof crime in the field of rubbishmanagement; and f. To seek assistance from specialists in the imple mentationoftasksof investigation intocrimein the field of rubbishmanagement. (3) The civil servant investigators as meant In sentence (1) shall notifythe conmencenent of investigation and result of investigationto investigatorsof the Indone slen Ponce, (4) The civil servant investigators as meant in Sentence (1) shall oonveythe result of the investigation In public prosecutor through the investigators of the Indonesian Police. CHAPTERYN PENAL PROVISION Article 39 1) Anybody insertingand/or importing unlawfullydomes tic rubbishand/or rubbishsimilarto domesticrubbish into the tenitory of the UnitaryStateof the Republic of Indonesia shall be liable to imarisonment for3 (three) yearsat the minimum and9 (nine) yearsat the maxi mum and a fine of Rpl00,OOO,OOO.OO (one hundred million rupiah) at the minimum and Rp3,ooo,ooo,OOO.OO (threebillion rupiahs)at themaximum. 2) Anybody insertingand/orimporting UI!lawfully specific rubbish into the territory of the Unitary Stateof the Republic of Indonesiashall be liableto imprisonment for 4 (four) years at the minimum and 12 (twelve) years atthe maximumanda fineof Rp200,OOO,OOO.OO (two hundred million rupiah) at the minimum and RpS,OOO,OOO,OOO.OO (ffve billion rupiahs)at the maxi mum. Business-News 7729-7730/10-29-2008 14A Article 40 1) Rubbish manager unlawfully and intentionally under takinaaetivitvof rubbishmanaaementwittlout oaying attention to norms, standards, procedures lr criteria, which may affect the public health, disturb security, pollUte the environment and/r destroy the environment shall be liable to imprisonment for 4 (four) years at the minimum-and 10 (ten) yearsat the maximumand a fine of RplOO,OOO,OOO.OO (one hundred million ru piah) at the minimum and RpS,OOO,OOO,OOO.OO (five billionrupiahs)at-the maximum. 2) If the crime as.meant in sentence (1) causes anybody to die or suffer from serious injury, the rubbish man ager shall shall be liable to imprisonment for 5 (fIVe) years at the minimum and 15 -(fifteen) years at the maximumand a fine of Rp100,OOO,OOO.OO (one hun dred million rupiah) at the minimum and RpS,OOO,OOO,OOO.OO (five billion rupiahs)at the maxi mum. Article 41 1) Rub~h managers undertakiAg activity of rubbish man ager by wayviolating the norms, standaros, proce dures or criteria becauseof their·tlegIigence'thusbe ing potential to affect the pubjc M.<Ilth, (li~llrh <:Pf'1l rity, pollute the environment and/or destroy theenvi ronment shall be liable to imprisonment for 3 (three) years atthe maximumanda fine of Ro100,OOO,OOO.OO (onehundred million rupiah) at the maximum. 2) If the crime asmeant fnsentence(1) causes anybody to die or suffer from serious injury, the rubbishman ager shall shall be liable to imprisonment for 5 (five) yearsat themaximumanda fine of RpSOO,OOO,OOO.OO (flve hundredmillion rupiah) at the minimum. Article 42 1) Crime shall be considered as corporate crime if the crime is committed in thefiaemwork. of achieving cor porategoaJs and <XlIJIIJIittEd byexecutives authori,ed to make dedslonon behaJf oUhe corporationor rep resentingthe corporation to take legalecnon or nav iog autl'lOrity tocontrol aocVor supervisethe corpora tion. 21 If ..... 2) If the crime-as meant in Sentence (1) is committed by oron behalf of corporationand individuals, based on working relations and other relations that act within the corporate environment, penal charge andsanction shall be imposed on the peopJeacting leader or giving the order no matter whether the peoplecommit the crime lru.llVltlUdlly or conecuveiv on tne baSIS or won ing relationsor other relations. 3) If the charge is filed against corporetlon, summon to ~ranrldelM:>ryt1fthP o;l~ o;.haHbeaMr~ to address of the corporation or placewhere execu tives undertake permanentjob. 4) If the charge is filed against corporation represented by non-executive upon the prosecution, the judge may orderexecutive toappear directlty in thecourt. Article43 The crime as meant in Article 39, Article 40, Ar ticlP 41 ;:uvi Arfidf' 41 c;h<:IlI hP a rrimp OlAPTERXVI "TRANSITIONAl PROVISION ArtiCle 44 (l) Regional governmentsshall be obliged to prepare a plan toccse the final processing",.."of rubbish, whidl uses an open disposal system in not later then one year as from the date of enforcemetof this law. 2} Regional govemmentsshall be obligedto dose the fi MI procpc;~ing pl;:lrp of rllhhi.;h, which U9?'; an OPQn disposal system in not later than 5 (five) years asfrom the date of enforcementof this law. Article45 Managers of resettlement areas,commercial ar eas, industrialestates, special areas, publicfacilities,so dal focililb dllll ether facililb IIuI. yet hQVlng rubbish sort ing fadlityUP'"' the promu!gaOOn of thislawshaH be obliged to build or provide the rubbish sorting fadlity in not later than nnp Yffir. CHAPTER XVII MISCEUANEOUS Article 46 Especially for the Province of JakartaCapital Spe cial Region, the provisions as meant in Article9 sentence BU~""5S News m9-7730jIO-29-2008 ISA (I) and Sentence (2), Article ~7'5entence (1) and Sen tence (2), Article 29 ayat and Sentence (4), as well as Article32 shall be authority of the provincial qovernment. OlAP1ERXVI II CLOSING PROVISION Article47 1} The governmentregulations and ministerial regulations mandated in this law shall be settled in not later than oneyearas from the date of promulgationOfnus law. 2} The regional regulationsmandatedin this law shallbe settledin not later than 3 (three) years as from the dote of promuiqetlon of this;kIw. Article48 FoIIl)Wingthe enfol'"CQlTl@nt ofthi~ law, alll@l]io;la· lion related to rubbishmanagementalready existingshall remaineffective aslong asit does nottontravene this law. Artide49 The law shallcomeinto force CiS from the date of promUlgalio(J. For the public cognizance, the law shall be pro mulgated by placing it in Statute Bookof the Republic of Indonesia. Ratified in Jakarta On MdY 7, 2008 ms PRESIDENT OF1tiEREPUBUC OF INDONESIA, sgd 00. H. SliSTI 0 BAMBANGYlJI)HOYONO Promulgated inJakarta On May7,2008 1tiE MINISTER OF LAW AND HUMAN RIGHTS OF 1tiE REPU1lLlC OF INDONESIA, sgd AND! MAlTALAlTA STATIm BOOK OF1tiEREPUBUC OF INDONESIA YEAR 2008 NUMBER 69 EWODATION ...•• ELUCIDATION ON LAW NUMBER 18 YEAR 2008 REGARDING RUBBISH MANAGEMENT L GENERAL The huge populationof Indonesian people with high growth rate causes the volumeof rubbish to keep in creasing. In addition, the amsumption palIem of the peoplecontributesto the increasingly varying rubbish, such asrubbish of dangerous packages and/ordifficult to disintegrate by naturalprocess. Mostof the people haveso far deemed rubbish asuse k:;s things, instead of a rcoccrcc, which is necessary to utRize. In managing rubbish, the poople stillrelyon end-of-pipe,wherein rubbish is collected, carriedand disposed to thefinalprocessing place, whereas the rub bish piled ina huge volume in the location of finalpro cessing is potential to release methane(CH4),which may increase emission of greenhouseeffectandcon tributetoglobal wanning.Toenablethe rubbish todis integrate naturally,a lot of time and costlierhandling are needed. It's the right time to leave the paradigm of rubbish man agementrelying on end of pipeand replace it by a new pllrDdigm. The new porodigm view rubbish 05 resource, which has economicvalueandcanbe utilized for, among others,energy,compos,fertilizer or raw materialof in r111<:t1Y auhrsh manenement ic; executed by compre hensive approach, starting fromthe upstream, before produdng a product potential to become rubbish, to downstream, namelythe phase when the producthas been used soas to become tubbish, which is later re turned to the environmental media safety. Rubbish management based onthe new paradigmisexecuted by the reduction andtreatmentat ruoesn,Keduakm of rubbish covers activity of restriction, re-useandre cycleWhile rubbishtreatment includes the collection, transportation, treatmentand final processing. Article 28H Sentence (1) of the COnstitution of 1945 gives: a right to €Werylvvly t~ nht<lin gl'Ylrl and healthy Business News7729-7730/10-29-2008 16A environment.The mandateof the constitutionresults ina consequence that the government isobliged to pro vide public service in rubbish mahagement. It brings abouta legalconsequence that the governmentconsti tutes the authorizedand responsible party in the field of rubbish maneqement eventhouqhoperationally, the management maybe executed1n partnership withbusi nessentities. In addition, rubbish organizations and groupsof communities operating in the rubbish man agementalsomay be invotved in theactivityof rubbish management. In the framework of eexecintnq inlt'Qralt'li and comprehensice rubbish management, the fulfillmentof rightsandobligationsof communities, aswellas tasks and authority of the government and regional govern ments to provide public service requires a legal um brella in the form of a law. Legal arrangementof rub bishmanagement in this law is based on the principles of responslblllty, sustainability, benefit, justice, togeth erness, safety, securityand economic value. Based on the abovementionedideas, the enactment of thislaw is needed in the framework of: a. Legal certainty for the peopleto obtain properand environmentally sound r:ubbish managementservice; b. Clarity about the prohlblUuJI Lilt: imJ}Olt or lubbi5h into the tenitory of the Unitary5tateof the Republic of Indonesia; c. Order in the implementation of rubbi6h maniilgQlT'lent; d. Oarity of tasks, authority, and responsibility of the governmentand regional governments in rubbish menecemencand e. Clarity about the definition of rubbish governed in this law anddefinitionof wasteruled in the environ mental law. IT. ARTICLE BY ARlI<1E Article1 self explanatory Article2 sentence(1) Selfexolanatorv Sentence (2) •.••. Sentence (2) Sefexplanatcry Sentence (3) Referredto in rubbish similartodomestic rubbish is rubbish notresulting from household. Commercial area isamongother, tradingcenter, market, shopping center, hteJ,office building, restaurant and entertainment place. Indu~l:fia' estate constitutesan area where maus trial activities arecentralized, which is furnished by sup porting infrastructure and tacillly developed and managed by lndustriol estate management compony olrcody XCOf" ing industrial estatebusiness license. Special area constitutes specific territoryused for natlonal/natlonaf-wale intprP(;k., rtpvpll'\l"mpnt of d~t,,=,­ gicindustries anddevelopment of high technology. SOCial facility isamong others. worship place, or phanage and SOCial center. Public fadlity is, among others, terminal, railway station,seaport, airport,bus stop, parkand road. Otherfadlity endudingfrom c:ornmerdal area,in dustrial estate, special area, social facility, pUblic facility is, among others, detention house, penitentineryrhospital, dinic, public healthcenter, educational area, ':ounsm re sort, bonded zone andsport center. Sentence (4) :kif e.wlanatory Sentence (5) Self explanatory Article 3 Theprinciple rXresponsibilitY means thatthe QOV~ emmentand regional governments share responsibility for the management of rubbish to realize a rightof,people to the proper and healthyenvironmentas mandated in Ar tide 28H Sentence (1) of the Constitution of 1945. Theprinciple of sustainability means that rubbish management isexecuted by using environmentally sound methodand technique to preventnegativeimpacton.the publk healthandenvironment, eitherthe present genera tion andnextgeneration. Business News 7729-7730/10-29-2008 17A The principle of benefir means that rubbish management needs to use approach,treat:ingrubbish as resource which can be utilized for fUlfilli"" the public need. The principleof justice means that the govern ment and regional governments in the management of rubbish openthe equal opportunity for communities and business entitiesto participate act1vely in the management of rubbish. Theprindpleof awamess means that Inthe man agement uf Jubbbh, the guvernmentcmdregkJllal govern mentsencourage anybody to havea posldon, concern and awareness of reducing andtreatingthe produced rubbish. The prihciple oftogethtarn~means that rubbish management isexecuted by involving all stakeholders. The principleof safety means that rubbish man ecement mustguarantee humansafety. The prindple of security means that rubbish man agement must: guarantee and protect the people from negatiVe impacts. The principle of economic valuemeans that rub bish constitutes aeeonomically valuable resource which could be utilized soasto produce added value, Artide4 Selfexplanatory Article 5 self explanatory Article6 letter a Selfexplanatory Letterb self explanatory Letter c Selfexplanatory Letter d Selfexplanatory Lettere Results of rubbish processing are,among others, compost, fertilizer, energy potential and other recyding products. let!Erf .... tetterf sew explanatory I PltPr-lJ self explanatory Article 7 selfexplanatory Article 8 sew explanatory Article 9 sentence (1) Lettera Selfexplanatory teuer IJ Rubbish management is implemented by means of, amongothers, providing rubbishcollection plate, rub bjsh carriere, temporary collection piece, lntcqrctcd rub bish proressing place and/or final rubbish processing place. Letter c sew explanatory Letterd Selfexplanatory Letter e selfexplanatory Letter f ~Irexplanatory Sentence (2) self expillnatory sentence (3) Self explanatory Article 10 self explanatory Article 11 self explanatory Business News 7729-7730/10-29-2008 leA Article 12 self explanatory Article 13 Re5ettIement area covers resettlement area in the form ofcluster. aoartment. condomfnium. dormitory and thelike. Thesorter is placed ina placeeasily accesslble'by the peoplet. Article 14 In the caseof certain products wherein label Or mark is impossible to mentiorrbecause of thesize of their package, the label ormarkmay beputInthe master pack age. Article IS Managing packagemeanspackageistaken back for rccycling ilnd/or re-use. Article 16 SelffO,xplanatory Article 17 sentence (1) sewexplanatory sentence (2) The scopeof licensingruled by the government is,amongothers, requirementsfor securing license, valid ity periodof licenseand expiration of license. Sentence (3) sew explanatory Article 18 Self ,",planato", Article 19 self explanatory Article 20 sentence (1) self explanatory Sentence(2)...... SMIlence (2) Lel1I!r a ThEo gnvemlTIPIlt stipulntes pnlky 0;0 that produc ers reduce rubbishby ernans of using materials elISY to disintegratenaturally.The policy is intbe form of stipula tion of thequantityandpercentage of reductfonofthe use ofmaterials unable or difficultto disintegratenaturally ina Specified period. LeUerb Env.kUJJJT«::IUlIy~~lu:J01gyy~ tId. nology, which may reduce rubbish asfromthe beginning of the productiOn process. Letprc setfexp&anatory letterd Selfexplanatory lettere 5effexplanatory Sentence(3) 1ll'e IJroouelion meterlals are in the form 01' raw materials,auxiliary materials;additional matenalsorpack agesof products. Serlt.'ence (4) self explanatory Sentence (S) set(explanatory Artide21 sentence (1) lettela Inc:enti¥e mey be provided,for instance, for pro ducers ustng productionmateliafs ableoreasy to disinte gratE> naturally or environmentally sound materials. Letter b Disincentive may beimposed on produa!rs usfng mat;eriBIsrlifficull:to disintegratenatur8Hy, recyde and/re useas weJl asenvironrnenta1ly unfriendlymaterials. 5efItena! (2) self explanaoory Artide 22 Set*ence(1) lE'ttera The sortingof rubbish is executed by methods ful filling the requirements for security, health,environment, ronvenience andsanitazion. Business News 7729-7730/10-29-2008 Letterb Selfexplanatory Lelterc Selfexplanatory Letterd Processing in the form of thechange in character istic, composition andquantity of rubbish is applied sothat rubbish could be processed further, used or returned to theenvironmental media ina say wayforthe human anen environment. lettere Selfexplanatory Sent:er1o:! (2) Selfexplanatory Artickt23 Selfexplanatory Article24 Selfexplanatory Article25 sentence (1) Compensation constitutes a foITn ofacooul'ltabtfiy of ttle gowml'neut for rubbish management in the final pFOaftiSlng pace btInging about~ Impact to the peopte. Sentence (2.) Selfexplanatory Sf!nteMe{3} Selfexplanatory Sentence(4) Selfexplanatory Article 26 5eK explanatory Article 28 Setfex~ Article29 . • , .• Artide29 Sentence (1) 5eIfexplanatory Sentence (2) Matters regulated in the government regulatiorl contain,amongothers, klnd,voIumeand/or characteristic of rubbish. Sentence (3) StllrexpleI I(lwry Sentence (4) Selfexplanatory Article 30 5eIfexplanatory Artide31 Selfexplanatory Artide32 sentence (1) $effexplanatory sentence (2) lettera Adminstration coerciveness COnstitUtes a !egaac tion taken by regional governmentto restorethe qualityof the environment to the original condition at expense d rubbishmanagers not. abiding by the provisions in legisla tion. letterb Coercivemoney constitute money whichmustbe paid in a certain amount Dy rubbish managers violating provison in legislation ascompensation for the implemen tation of sanction of administrativecoerciveness. Letterc self" explanatory Sentence (3) Selfexplanatory Article33 Sentence (1) Rubbish disputeconstitutes a diSDute betWeen two partiesor more, whichanses from the diSturbance orailed disturbanceand/or losson public healthand/or the envi ronmentas a resultof rubbish management. Business News 7729-7730(10-29-2008 Sentence (2) selfexplanatory Sentence(3) self explanatory Artide 34 Sentence (1) Out-of-court sett.elemnt of rubbishdispute isex ecuted to adlleve an agreementon the rom and amount d c:ompensatbn aoo/orspecifis measure toguaranree.1;hat the negative impactof rubbish management acttvity won't come or repeat. Sentence(2) Selfexplanatory Article3S Sentence (1) selfexplanatory sentence (2) selr explanatory sentence(3) Specific measure means, amongothers,order to in&tall or improve rubbish managemetinfrastructureand facility. Article36 Oassaction is executed through thefilingof law suit by one or more, representing his/herselfor group. Artic1e3? sentence(1) Rubbish organizationconstitutesa groupofpeople eslabllshed on the ~~ of tnelr intention and desire in a society, withthe goalandobjective covering activityof nib bish management. 5entence(2) Real cost or expenditure means the decidedly proven costhasbeenspenyby rubbishorganization. Sentence (3) Selfexplanatory Article 38 Self explanatory Artide 39 self explanatory Artic.le40 Selfexplanatory Article 41 selfexplanatory Article 42 Self explanatory ArtidE"43 self explanatory Article44 Selfexplanatory Business News 7729-7730}10-29-2008 21A Article 45 SPlfexplO"ll1<ltory Article 46 Selfexplanatory Article 47 5eIfexplanatory Article 48 Selfexplanatory Artlcle49 selfexplanatory SUPPLEMENTTO STATUTE BOOK OF TI-lE REPU8I..lC OFINOONESJA NUMBER 4851 correct .....