Vol. 5, No. 7, July 2024

E-ISSN: 2723-6692

P-ISSN: 2723-6595

http://jiss.publikasiindonesia.id/

Jurnal Indonesia Sosial Sains, Vol. 5, No. 7, July 2024 1806

Management (Perda 9/2013 Kubu Raya), states that:

Piramitha Angelina

Universitas OSO, Pontianak, Indonesia

Email: angelinap[email protected]m

Jurnal Indonesia Sosial Sains, Vol. 5, No. 7, July 2024 1807

waste and waste similar to household waste."

categorized into three types, namely household waste, household waste, and specific waste. The

Ministry of Environment and Forestry recorded that the total waste in Indonesia in 2021 reached

68.5 million tons and 17 percent or around 11.6 million tons was plastic waste. The lifestyle and

consumption patterns of the Indonesian people that are all practical, such as the use of single-use

plastics, have triggered an increase in the amount of plastic waste since 2010 (CNN, 2022).

and of various types has become a source of various problems for the community, especially if it is

not managed properly. According to Law 18/2008, waste management needs to be carried out

echoed through international forums to the world community to be resolved together. In 2022,

Indonesia as the holder of the G20 presidency even raised the issue of sustainable waste management

in the G20 forum (Sudoyono, 2022). Oleh karena itu, penelitian hukum ini penting dilakukan untuk

memberikan manfaat, tidak hanya di tingkat daerah dan nasional, tetapi juga bagi keberlangsungan

kehidupan di seluruh belahan dunia.

environmental quality, as well as make waste a resource that can be utilized. Waste management that

is carried out incorrectly can be categorized as environmental destruction. Law Number 32 of 2009

concerning Environmental Protection and Management (Law 32/2009) states that environmental

destruction is a human action that results in direct or indirect changes in the physical, chemical,

Raya Regency, West Kalimantan Province, even though this act is included as an inappropriate and

wrong way of managing waste, especially if it is done carelessly. Therefore, burning garbage is

determined to be an act prohibited by the state, based on Article 67 letter g and Article 71 of Regional

Regulation 9/2013 Kubu Raya. Prohibition and sanctions in the form of imprisonment for a maximum

of 6 months or a maximum fine of Rp. 50,000,000 for waste incinerators in Kubu Raya Regency are

carried out to prevent and provide a deterrent effect.

air such as nitrogen oxides, carbon monoxide, and pollution particles that are bad for human health,

Jurnal Indonesia Sosial Sains, Vol. 5, No. 7, July 2024 1808

such as irritation, respiratory disorders, reproductive system disorders, and can even cause cancer

Number 36 of 2009 concerning Health (Law 36/2009), states that:

"Health is a state of health, both physically, mentally, spiritually and socially that allows

everyone to live socially and economically productively."

common way to clean the environment, especially from household waste. In fact, in one of the villages,

namely Sungai Raya Village, there is a group of people who offer and provide paid services to dispose

of garbage, by collecting garbage from residents' houses at night, then bringing it instead of being

disposed of where it should be, such as to temporary shelters, integrated waste management sites, or

final processing sites provided by the local government. But it is transported to private land and in

the end is simply burned openly, in a way that does not comply with the technical requirements of

incinerators, as well as the enforcement of criminal sanctions that have not been carried out

Jurnal Indonesia Sosial Sains, Vol. 5, No. 7, July 2024 1809

find out the reasons for the urgency of enforcing criminal sanctions regulated in local regulations

against waste incinerators in Kubu Raya Regency, West Kalimantan Province, Indonesia, reviewed

from the relative theory as a criminal objective.

review used is a specific criminal law theory for an act that is also specific. The act is burning garbage,

and the theory used is a relative theory for a criminal purpose. Therefore, this study is very different

when compared to previous studies that focus only on the study of health and/or environmental

aspects but not on the legal aspect, let alone the specific criminal law.

study, but only limited to waste, such as problems caused by waste in several regions of Indonesia,

discusses the level of knowledge of the people of Tegalwangi Village, Jember Regency, East Java

Province, Indonesia, regarding the impact of waste burning on environmental pollution. Research by

Muchammad Zamzami Elamin, Kartika Nuril Ilmi, Tsimaratut Tahrirah, Yudhi Ahmad Zarnuzi, Yanuar

Citra Suci, Dwi Ragil Rahmawati, Rizky Kusumawardhani, Dimas Mahendra Dwi P, Rizqi Azizir

Rohmawati, Pandhu Aji Bhagaskoro, and Ismi Fuatjia Nasifa, with the title "Analysis of Waste

Management in the Community of Disanah Village, Sreseh District, Sampang Regency", in 2018, which

discussed the waste management system in the village.

Environment", in 2013, which discusses the main types of plastics, the dangers of toxins from the use

of plastics, the dangers of plastic and plastic waste to health and the environment, how to use plastics,

Infrastructure on Kumo Island and Kakara Island in North Halmahera Regency", in 2018, which

discusses the analysis of the condition and availability of waste infrastructure on two islands in North

Maluku Province, Indonesia.

in 2009, which discusses the benefits of punishment for convicts from the perspective of criminal

objectives in the Indonesian criminal justice system. Research by Noveria Devy Irmawati and Barda

Nawawi Arief, with the title "The Urgency of Criminal Objectives and Guidelines in the Context of

Reforming the Criminal Law Criminal System, in 2021, which discusses the urgency of formulating or

Jurnal Indonesia Sosial Sains, Vol. 5, No. 7, July 2024 1810

formulating criminal objectives and guidelines in the Criminal Code (KUHP), as well as its analysis

previous studies, it can be concluded that this research is different so it is important and interesting

to discuss.

The legislative approach is basically carried out by reviewing all relevant laws and regulations in line

with the problem being studied. This approach mainly uses primary legal materials in the form of

laws and regulations as a basic reference in conducting research. This legislative approach is used to

research laws and regulations that still have shortcomings and weaknesses in normation or there are

still irregularities in practices at the technical level of their implementation in the field. Therefore,

dogmatics, makes legal dogmatics as the object of study. Research on the validity of a legal norm or

rule, in addition to examining the legal principles that underlie it, can also examine the legal theories

that underlie it. Therefore, in addition to primary legal materials, the materials used in this study are

also in the form of secondary legal materials, namely books and scientific journals related to the

problems and theories used to study the problems raised in this study, namely relative theory as a

criminal purpose.

consequences of burning waste tend to have negative effects rather than positive sides, for example,

most Indonesians still consider burning waste to be a natural act as the cheapest, easiest, and simplest

effort to clean up the environment, especially if there are no adequate waste disposal facilities in the

area. In addition to its impact on the environment, waste burning smoke also has an impact on health

because the gas produced contains various types of harmful substances, such as carbon monoxide

and carbon dioxide which can attack the lungs so that it can cause acute respiratory infections (ISPA)

(Faridawati & Sudarti, 2021).

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so that the smoke is easily inhaled freely by anyone around it. The smoke can cause breathing

difficulties for the inhaler, especially if done in densely populated areas, and does not have good air

circulation. In addition, particles in the form of fine dust produced from the waste burning process

can cause irritation to the eyes and shorten the field of vision. If you are exposed to or do these

activities too often, the potential for cancer or heart disease will increase, due to the entry of small

particles and other harmful substances into the lungs. If waste burning is carried out continuously,

especially by mixing all kinds of waste, in an open and easily accessible place for many people,

especially vulnerable people, such as the elderly and children, it can be imagined how bad the effects

can be that can damage the health and the local environment (Bahraini, 2022).

contributes greatly to climate change, both regionally and globally. This is due to the production of

CO2 gas, methane, as well as black carbon compounds. These tiny particles can increase heat

(Bahraini, 2022). Waste burning causes greenhouse gas emissions and air pollution due to various

types of harmful compounds produced from open burning of waste, such as CO, CO

,

Volatile Organic Compound (VOC) compounds, Particulate Matter

2.5

(PM

2.5

), and PM10

The greenhouse

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Jurnal Indonesia Sosial Sains, Vol. 5, No. 7, July 2024 1813

32/2009, Law 36/2009, Government Regulation Number 81 of 2012 concerning the Management of

Household Waste and Similar Waste Household Waste (PP 81/2012), Regulation of the Minister of

Home Affairs Number 33 of 2010 (Permendagri 33/2010) concerning Waste Management Guidelines,

and others.

city government is to establish waste management policies and strategies based on national and

provincial policies. On the basis of this law, the Kubu Raya Government made and enforced a Regional

Regulation on Waste Management, even including sanctions in the form of criminal penalties for

everyone who commits acts that are even specifically prohibited in terms of waste management.

Although Law 18/2008 also includes sanctions in the form of criminal penalties, as regulated from

not in accordance with environmentally sound waste management methods and techniques. The

increasing amount of waste must be managed by paying attention to the principles of

environmentally friendly development, involving the participation of the community and the business

world, carried out in a proportional, effective, efficient, comprehensive, and integrated manner, and

starting from the upstream of the problem to the downstream, so that it does not have a negative

impact on public health and the environment.

the increase in the population of Kubu Raya Regency has an impact on increasing the amount of waste.

People's consumption patterns also contribute to the increasing variety of types of waste, including

packaging waste that is dangerous and difficult to decompose by natural processes. It takes a long

Jurnal Indonesia Sosial Sains, Vol. 5, No. 7, July 2024 1814

society and the environment.

Representative Council (DPRD) together with the Regent of Kubu Raya Regency, with consideration

to discipline the community in terms of waste management, considering that according to the results

of observations, the behavior of burning garbage has become a habit of the majority of Kubu Raya

residents. Even though there have been criminal sanctions, there are still many residents who burn

waste carelessly or do not comply with the technical requirements of waste management due to

neglect or ignorance of dangers, ignorance of sanctions, and disregard of the law because criminal

sanctions have never been enforced for violators.

Kubu Raya so that they do not burn garbage. As a social engineering tool, its function is to change

people's bad habits so that they become more aware of how important it is to manage waste correctly,

without burning, so that it does not pose a danger to health and the environment. The inclusion of

criminal sanctions at the level of legal substance is not enough. Therefore, in order for the law to

function as it should, according to the theory of relative as a criminal purpose, it is necessary to realize

the enforcement of criminal law expressly in the form of imposing criminal sanctions for the

perpetrators of waste burning in Kubu Raya Regency.