Good Morning Ladies and Gentleman, Before I start i would like to introduce myself first.

My
name is Putu Adnanta Jaya, you can call me Adnanta. I am a student of Faculty of Law in
Brawijaya University. I would like to say thank you for this opportunity to giving me chance to
present my research with Made Arie Widyasthana Wartana Putra in this conference. In this
conference, I will present our article entitled “Reform Regional Regulations of Malang City in
Waste Management.” Okay let’s start.
As we know, The State of Indonesia is a legal state. Consequently, every aspect of the life
of the nation and state must be based on law. Moreover, Indonesia is a welfare state, so the state
must find solutions to every problem faced by its people. In order to find solutions to every
community problem, Indonesia, which is also a unitary state shares its government affairs with
regional governments.
One of the environmental problems is related to waste. Waste is an issue for all countries in
the world, including Indonesia. The world's attention to waste is manifested concretely in the
2030 SDGs where of the 17 goals in the SDGs, three of them are related to the environment
especially waste such as 3rd goal (good health and well-being), 14th goal (life below water), and
15th goal (life on land)
Malang City also makes the issue of waste a problem that must be resolved immediately.
Based on data from Environmental Department of Malang City, waste in Malang City per day on
average reaches 600 tons where the waste is dominated by household waste. The volume of this
waste has increased from year to year where it was recorded that in 2020 the volume of waste in
Malang City reached 55 thousand tons and in 2021 it reached 59 thousand tons. Household waste
which dominates the entire waste has increased by 10% and is expected to continue to increase
every year.
One of the mechanisms adopted in overcoming these problems is by presenting legal
products in the form of regional regulations in Malang City. Malang City actually already has a
legal basis regarding waste management, but it still has weaknesses and has not been able to
overcome the problem of waste management. In this research, we will look at the weaknesses in
these regional regulations and see how these regional regulations work in society so that later on
the problems obtained are used as the basis for reformulating new regional regulations. In
previous research, related to waste management using sociolegal research methods, the majority
of researchers focused on analyzing the effectiveness of a regional regulation related to the
waste.
Okay, next I will continue to Literature Review and Hypotheses----------------------------------------

 Regional Regulation Theory

Regional regulations are statutory regulations under presidential regulations that regulate
everything in the context of implementing regional autonomy and assistance tasks and regional
specialties (article 18 paragraph 2 in conjunction with Article 18 paragraph 5 of the Constitution
of the Republic of Indonesia).
The existence of regional regulations is contained in Article 18 paragraph 6 of the Constitution
which is further elaborated in Article 17 paragraph 1 of Law No. 23 of 2014 concerning
Regional Government.

Nah, this is the process of formation the regional regulation when the regional regulation have
been done.

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For reformulate the regional regulation, there are two things that become very important
principles in the formation of regional regulations

a. Formal principles ( the principles that must be adhered to in the drafting process) include:
1. The right institution
2. Congruence between types, hiearchies, and materials
3. Usability
4. Clarity purpose and formulation
5. Can be implemented
b. Material principles ( the priciples that must be adhered to in the substance of the
regulations) include:
1. Protector
2. Nationality
3. Humanity
4. Kinship
5. Unity in diversity

In the technique of forming regulations, it is necessary to pay attention to:

1. Naming
2. In the opening
3. Substance
4. Signing

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Nah,

The methods that we used in this research is sociolegal research methods. The sociolegal method
is a research that begins with normative research or a review of the laws and regulations
(normative) followed by in-depth observation and dissemination of questionnaires to obtain data
on non-legal factors that are related to and influence the laws and regulations under study. This
method, has the characteristics of non-doctrinal research that can be done through field research.
The data collected in the field are then processed according to the analytical techniques outlined
in a descriptive form to obtain the actual phenomenon of the law as part of social reality.

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Nah, this is a recommendation for draft regional regulations related to waste management in the
future. This table contains the scope and direction of regulation regarding draft regional
regulations that can be formed in the future. Broadly speaking, it consists of 18 chapters and 64

articles. The table describes in detail the things that must be included in the regional regulations
regarding waste management in the future. Of all these things, the fundamentals that must be
considered in designing new regional regulations by considering the empirical and juridical
conditions in Malang City today:

• Specific waste management mechanisms  never existed before

• Mechanisms for managing household waste and household waste  must have specific
chapter for clarity formulation

• Retribution removed

• Financing  it means that actually government budget (APBD) for waste must be have
larger portion than regulated before because every cost in waste management come from
government budget (APBD) due to retribution remove

• Incentive  Next is related to incentives. it is hoped that in the new arrangement the incentives
can be given to a wider range of parties.

• Role of society  it needs to be detailed again and made more concrete regarding the role of
the community. Such roles include providing suggestions, suggestions, opinions, managing at the
RT/RW level independently, making complaints/reporting, and providing information related to
waste issues

• Sanction  The last relates to sanctions. The sanctions imposed should be in the next setting more
administrative sanctions in the form of fines because the easy to enforce the law

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The results as described earlier are based on two things:

1. the empirical condition of the waste problem in the city of Malang

a. the increasing of waste year to year
b. Local governments are demanded to always improve waste control services
c. Lack of awareness from the public about the importance of sorting and protecting the
environment
2. regulatory issues currently governing  suruh perhatikan tabel (nah this is the outline of
regional regulations in waste management now in Malang). There are 5 problems in this
regulations:
a. Provisions regarding specific waste have not been regulated in local regulations
b. Terms of retribution
c. Criminal sanctions provisions
 d. Incentive terms
e. Terms of role of society

Conclusion

Empirical conditions in Malang City which show an increase in the volume of waste from year to year.
The Malang City Government has made efforts by issuing Malang City Regional Regulation No. 7 of 2021
concerning Waste Management. However, this regulation has not been able to overcome the existing
problems. Seeing this, in the future, in designing the new Malang City Regulation in waste management,
there are some absolute things that can be considered to be loaded / refined from the previous
provisions, including: specific waste management mechanisms, elimination of retribution in waste
transportation, financing, incentives, community roles, and sanctions

Limitations and Suggestions

References

Okay that’s all about my presentation and thank you for your attention.