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LAW ENFORCEMENT IN MICRO, SMALL MEDIUM WASTE MANAGEMENT
IN CIREBON DISTRICT
IBNU ARTADI 1*, ENDANG SUTRISNO 2, RATU MAWAR KARTINA 3, ISVIYUANGGI ARDELLIA ARGANI 4
UniversitasSwadayaGunungJati, Indonesia 1>2>3>4
Email: [email protected], [email protected], [email protected],
fakultashukum. [email protected]
*Corresponding Author: [email protected]
Abstract - Micro, Small, and Medium Enterprise's activities of slaughtering increasingly mushrooming chickens produce waste that must be appropriately managed so as not to pollute the environment. There are still Micro, Small, and Medium Enterprises for slaughtering chickens who still need to manage their waste optimally, causing complaints from residents around the location of the Micro, Small, and Medium Enterprises for slaughtering chickens. The problems that arise are law enforcement in managing chicken slaughtering Micro, Small, and Medium Enterprises waste and the role of local government in handling chicken slaughtering Micro, Small, and Medium Enterprises waste management to create justice for Micro, Small, and Medium Enterprises slaughtering chickens and residents who are affected by Micro Business activities. Small and medium slaughtering chickens using empirical juridical methods analyze provisions of existing laws and regulations and observe their application in society. Law enforcement is carried out by the Environmental Service, namely by giving administrative sanctions in the form of letters of warning and coercion for the manufacture of WWTPs. Several obstacles, such as a lack of human resources, limited budget, and limited data on Chicken Slaughtering Micro, Small, and Medium Enterprises, were felt by the Cirebon Regency Environmental Service. The absence of regulations regarding waste management of Chicken Slaughtering Micro, Small, and Medium Enterprises makes law enforcement violations of slaughtering Micro, Small, and Medium Enterprises waste management the chicken is not optimal. The government handles chicken slaughtering Micro, Small, and Medium Enterprises waste by conducting socialization, education, coaching, and supervision. The conclusion from this research is that it is hoped that the government can make arrangements regarding the management of chicken slaughtering Micro, Small, and Medium Enterprises waste where this arrangement can maximize the space for the Environment Agency to enforce the law against violations of chicken slaughtering Micro, Small, and Medium Enterprises waste management and achieve a sustainable environment.
Keywords: Micro, Small, and Medium Enterprises Slaughtering Chicken, Waste Management, Law Enforcement.
1. INTRODUCTION
The environment is where we live and live every day. Of course, daily survival requires a clean and healthy environment to be comfortable living there.
The criteria for the right to a good and healthy environment consist of the right to a healthy environment, a healthy life, and the right to protect property and protection rights for rural communities.[1] This criterion is in line with Article 28, paragraph (1) of the 1945 Constitution, which states that "everyone has the right to live in physical and spiritual prosperity, to have a place to live and to have a good and healthy environment and to receive health services" and reaffirmed in Article 6 paragraph (1) Cirebon Regency Regional Regulation Number 6 of 2016 Concerning Environmental Protection and Management which explains that, "Every person/entity has the right to a good and healthy environment as part of human rights."
Correlation between the criteria for a good and healthy environment and the regulations above, it can be concluded that the right to obtain a proper, clean, and healthy environment
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cannot be contested. In terms of regulation regarding the environment itself, the state has played a role with Law Number 32 of 2009 concerning the Protection and Management of the Environment.
The problem that is never separated from the environment is waste, be it household waste, livestock waste, hospital waste, factory waste, and so on. Waste is a challenging problem even though the government has made various regulations to handle it. The government pays more attention to dealing with environmental pollution through various instruments.
The obligation to control environmental pollution has also been regulated in article 8 of the Regional Regulation of Cirebon Regency Number 6 of 2016 concerning the Protection and Management of the Environment, namely, "Every person/entity is obliged to maintain the preservation of environmental functions and control environmental pollution and/or damage." However, this arrangement does not impact many people who pollute the environment.
Judging from the field conditions, human beings indeed influence the control of environmental pollution as stipulated in Law Number 32 of 2009 concerning the Protection and Management of the Environment and Regional Regulation of Cirebon Regency Number 6 of 2016 concerning Environmental Protection and Management runs smoothly or not.
Micro, Small, and Medium Enterprises slaughtering chickens are widely found because chicken meat is relatively cheap, so the demand is increasing daily. However, entrepreneurs must pay attention to the waste from slaughtering the chicken so that it does not pollute the surrounding environment. There are still chicken-slaughtering entrepreneurs who do not manage and even directly dispose of their waste into the sewer, causing a fishy and unpleasant odor in the environment where they chicken-slaughtering entrepreneurs operate. One of them is the chicken slaughtering business in Kebarepan, Cirebon Regency.
Disposal of chicken slaughtering waste into the gutter has already taken place legal gap with Article 10 paragraph (1) letter a Regional Regulation of Cirebon Regency No. 6 of 2016 concerning the Protection and Management of the Environment which explains that "Every person/entity is prohibited from committing acts that result in environmental pollution and/or damage." The presence of chicken slaughtering entrepreneurs who have not separated the sewerage of chicken slaughtering waste from household waste disposal channels is sufficient to illustrate the condition of chicken slaughtering entrepreneurs who do not yet have the awareness to manage chicken slaughtering waste as an effort to preserve and prevent environmental pollution. In addition to the lack of awareness factor owned by the owner of the Micro, Small, and Medium Enterprises slaughtering chickens in Kebarepan, Cirebon Regency, who still disposes of the slaughtered chicken waste into the sewer, in this problem, the factor even finances being the main trigger for the owners of Micro, Small and Medium Enterprises slaughtering chickens in Kebarepan, they have not separated the sewerage of chicken slaughtering waste from household waste.[2]
Prevention of environmental pollution has been regulated in such a way by the state through instrument-the instruments. However, the above problems still need to be solved. Therefore, this research can be a benchmark for the Regional Government of Cirebon Regency in dealing with waste pollution, especially broiler chicken waste in Kebarepan which uses Cirebon Regency Regional Regulation Number 6 of 2016 concerning Environmental Protection and Management as its instrument.
The problem that arises from the explanation above is how law enforcement manages chicken slaughtering Micro, Small, and Medium Enterprises waste and the role of local government in handling chicken slaughtering Micro, Small, and Medium Enterprises waste management.
2. THEORETICAL BASIS
Environmental damage is a process that cannot be avoided because living humans interact directly with nature and their environment. There must be an effort to control the environmental damage to minimize it. [4]
Environmental health is also an essential factor in social life and is one of the elements of human welfare. Of course, this healthy environment also increases the comfort of life.[5]
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Environmental management is an integrated effort to preserve environmental functions, which include policies for managing, utilizing, developing, maintaining, restoring, supervising, and controlling the environment.[6] Through regulations issued by the government, environmental management can be a solution for handling environmental pollution.
The government made various regulations to deal with environmental pollution problems, but it still has not produced maximum results. The phenomenon that occurs is the awareness of environmental law by the people in Indonesia, which is still very weak. This shows a condition of disharmony legal culture which is very troubling.[7]
Pollution caused by humans usually occurs in moment waste management of economic activities.[8] As happened in the author's environment, the problem of slaughtering chicken waste into the gutter is considered very disturbing for the surrounding community because it creates an unpleasant odor. We can already classify this chicken slaughtering activity as environmental pollution.
Pollution is the entry or inclusion of living things, energy, substances, or other components into water or soil caused by human activities,[9] and is reaffirmed in article 1 point 23 Cirebon Regency Regional Regulation Number 6 of 2016 Concerning Environmental Protection and Management which explains that "Environmental pollution is the entry or inclusion of living things, substances, energy, and/or other components into the environment by human activities so that they exceed the established environmental quality standards."
In the problems described in the author's environment, the surrounding community expects solutions and appropriate law enforcement so that environmental pollution can be minimized and does not cause the fishy smell that often occurs. Complained by the local community. Law enforcement can be a breath of fresh air for people affected by environmental pollution because, through law enforcement, sanctions can be given to perpetrators of environmental pollution so that they can cope with and restore polluted environments. Through law enforcement, the government's regulations can become a reality in dealing with environmental pollution.
3. METHODOLOGY
This writing uses empirical juridical research methods by examining an object at the research site to obtain legal knowledge.[3] This empirical juridical research examines the application of Law Number 32 of 2009 concerning Environmental Protection and Management and Regional Regulation of Cirebon Regency Number 6 of 2016 concerning Environmental Protection and Management towards waste management of Micro, Small, and Medium Enterprises slaughtering chickens in Cirebon Regency, is it true that the regulations these rules are working fine.
Law enforcement in the management of Micro and Small Business waste Secondary Chicken slaughter is qualitative, which tests theories and concepts in the frame of mind as well as the theoretical basis of researchers as a reference in its application to chicken slaughter entrepreneurs so that minimize its environmental pollution caused by the activities of Micro, Small and Medium Enterprises slaughtering chickens in Kebarepan, Cirebon Regency, which dump their chicken slaughtering waste into sewers and are pretty disturbing to residents.
The research object explains what and/or who is the object of research, where and when the research is carried out, and other matters are added if deemed necessary. Hence, the object of this research is law enforcement in managing chicken slaughtering Micro, Small, and Medium Enterprises in Kebarepan, Cirebon Regency.
4. DISCUSSION
Law enforcement in violations of waste management by Micro, Small, and Medium Enterprises of slaughtering chickens in Cirebon Regency is carried out by carrying out sanctions and rules that have been regulated in Law Number 32 of 2009 concerning Environmental Protection and Management and in Cirebon Regency Regional Regulation Number 16 of 2016 concerning the Protection and Management of the Environment where these rules are binding and coercive to create conditions that are just, safe, peaceful, peaceful, and preserve the environment.
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The problem of violations of waste management by Micro, Small, and Medium Enterprises slaughtering their chickens can be resolved by administrative enforcement. Where this statement follows the statement explained by the Cirebon Regency Environmental Service, namely:
"For the sanctions that we give to MSME slaughtering chickens, we give letters of warning and coercion to make a WWTP (Wastewater Management Installation)"[10]
Administrative sanctions in the form of warning letters and coercion for the creation of a WWTP (Wastewater Management Installation) carried out by the Cirebon Regency Environmental Service is a manifestation of legal objectives that are in line with the theory put forward by IbnuArtadi, namely certainty and justice are one of the legal objectives that are widely discussed because it is considered as the primary goal to be achieved by humans through the implementation of the law.[10]
The law enforcement process carried out by the Cirebon Regency Environmental Service in the management of Micro, Small, and Medium Enterprises for slaughtering chickens in Cirebon Regency has several mechanisms and stages, including:[10]
Conduct socialization and education activities for Micro, Small, and Medium Enterprises actors in terms of environmental management, including the management of its waste;
1. Carry out environmental management guidance and supervision activities for MSME actors;
2. Provision of a follow-up letter on the results of supervision;
3. Administrative sanctions in the form of a letter of warning if there is management that has not been maximized;
4. If there are still violations of environmental management, they will be forwarded to the stage of coercion by the government.
Activities planned in the mechanisms and stages of law enforcement in managing chicken slaughtering Micro, Small, and Medium Enterprises in Cirebon Regency, the perpetrators of the Micro, Small, and Medium Enterprises slaughtering chickens have not felt this. This makes the Micro, Small, and Medium Enterprises slaughtering chickens need help understanding the waste management resulting from the activities of Micro, Small, and Medium Enterprises slaughtering chickens, which raises complaints from residents.
The facts above prove that the mechanisms and stages carried out by the Cirebon Regency Environmental Service in enforcing the law on waste management for Micro, Small, and Medium Enterprises slaughtering chickens in Cirebon Regency have yet to be maximized. This was also approved by the Cirebon Regency Environmental Service regarding the obstacles faced by the Cirebon Regency Environmental Service in enforcing the law on waste management for Micro, Small, and Medium Enterprises slaughtering chickens, namely:[10]
1. The Cirebon Regency Environmental Service does not yet have PPLH staff who can carry out law enforcement applications in waste management;
2. Limited Human Resources supervisors in carrying out supervision;
3. Limited data on Micro, Small, and Medium Enterprises for slaughtering chickens;
4. Awareness and concern for Micro, Small, and Medium Enterprises in waste management because the perpetrators of Micro, Small, and Medium Enterprises slaughtering chickens are still focused on the capital and profits earned;
5. To carry out strict law enforcement against Micro, Small, and Medium Enterprises is still constrained because this sector absorbs labor, so there are considerations with "stomach" affairs;
6. Micro, Small, and Medium Enterprises locations are scattered throughout Cirebon Regency, making it challenging to provide guidance and supervision.
Environmental sustainability already gets attention from the government. It was evidenced by Law Number 32 of 2009 concerning Environmental Protection and Management. The regional government of Cirebon Regency has also issued a Regional Regulation of Cirebon Regency Number 16 of 2016 concerning Environmental Protection and Management. However, this arrangement has yet to realize the purpose of forming these two arrangements, namely maintaining environmental sustainability.
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Chicken slaughtering Micro, Small, and Medium Enterprises is a problem that cannot be considered trivial because the waste from Chicken Slaughtering Micro, Small, and Medium Enterprises activities must be managed first before being disposed of in the environmental media. Many factors support the problem of waste management of chicken slaughtering Micro, Small, and Medium Enterprises, such as ignorance of the knowledge of chicken slaughtering Micro, Small, and Medium Enterprises regarding waste management and the obstacles experienced by the Cirebon Regency Environmental Service in the process of enforcing the law on waste management of slaughtering Micro, Small and Medium Enterprises. Chicken requires local government to pay more attention to the Micro, Small, and Medium Enterprises sector for slaughtering chickens considering the intensity of slaughtering chickens which are carried out continuously/every day, which automatically disposes of waste into environmental media, has become a routine for Micro, Small and Medium Enterprises for slaughtering chickens.
In this case, the efforts made by the Cirebon Regency Environmental Service for Micro, Small, and Medium Enterprises for slaughtering chickens that have not been optimal in managing their waste are:[10]
1. Conduct education and socialization so that the perpetrators of Micro, Small, and Medium Enterprises slaughtering chickens want to manage their waste;
2. Perform construction and supervision;
3. Make a letter of reprimand;
4. Allocate a budget for making an individual IPAL (Wastewater Management Installation).
The duties of the Cirebon Regency Environmental Service for Micro, Small, and Medium Enterprises for slaughtering chickens are formulating, coordinating, monitoring, evaluating, and controlling the implementation of environmental control activities for Micro, Small, and Medium Enterprises for slaughtering chickens.[10] This task, carried out by the Cirebon Regency Environmental Service, has not been maximized because there are still Micro, Small, and Medium Enterprises for slaughtering chickens that are not yet perfect in their waste management.
Lack of human resources, limited data on chicken slaughtering Micro, Small, and Medium Enterprises, and limited budget limit the space for the Cirebon Regency Environmental Service to carry out its duties. The results could be more optimal. The need for more awareness on the part of Micro, Small, and Medium Enterprises for slaughtering chickens in managing their waste has exacerbated the existing problems. However, this cannot be entirely blamed on the perpetrators of Micro, Small, and Medium Enterprises slaughtering chickens because finances also hamper them.
Policies issued by the Cirebon Regency Environmental Service for Micro, Small, and Medium Enterprises for slaughtering chickens that have not been optimal in waste management include:[10]
1. Issuing regional regulations regarding regional protection and environmental management; And
2. Obligation to manage wastewater, B3 waste, and emissions following statutory regulations.
The first policy discusses the Department of the Environment issuing regional protection and environmental management regulations. Indeed, regarding environmental management, it has been regulated in Regional Regulation Number 16 of 2016 concerning Environmental Protection and Management. However, this arrangement is insufficient because the Regional Regulation of Cirebon Regency Number 16 of 2016 concerning Environmental Protection and Management has yet to regulate and discuss how to manage waste for Micro, Small, and Medium Enterprises Cutting chicken.
The absence of regulations regarding Micro, Small, and Medium Enterprises for slaughtering chickens has been confirmed by the Regional People's Legislative Council (DPRD) of Cirebon Regency. This should get more attention from the regional government so that they immediately make regulations regarding Micro, Small, and Medium Enterprises for slaughtering chickens, bearing in mind that this regulation has become a benchmark in the space for the Environment Service to carry out maximum handling of waste management violations committed by Micro, Small and Medium Enterprises actors.
The second policy the Cirebon Regency Environmental Service issued is the obligation to manage wastewater, B3 waste, and emissions following statutory regulations. However, this policy
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again collides with the absence of regulations governing how to manage wastewater, as well as how many WWTPs (Wastewater Management Installations) that must be owned by Micro, Small, and Medium Enterprises for slaughtering chickens, which, of course, makes Micro, Small and Medium Enterprises actors opaque. How to manage the waste resulting from the activities of Micro, Small, and Medium Enterprises slaughtering their chickens.
The Environmental Service also has 2 criteria for being able to close Micro, Small, and Medium Enterprises that slaughter chickens that violate the management of their chicken slaughtering waste, namely:[10]
1. Do not have environmental permits and environmental documents;
2. Does not manage the waste produced so that it is proven to pollute the environment.
The criteria set by the Environmental Service for Micro, Small, and Medium Enterprises for slaughtering chickens are carried out by imposing sanctions in the form of warning letters and coercing the government to make a WWTP (Wastewater Management Installation). In the second criterion, namely, Micro, Small, and Medium Enterprises slaughtering chickens can be closed if they carry out the management of the waste produced so that it is proven to pollute the environment, must use specific provisions or rules regarding any evidence that the perpetrators of the Micro, Small and Medium Enterprises slaughtering chickens have polluted the environment.
Arrangements regarding wastewater quality standards are indeed regulated in Article 20, paragraphs (1), (2), and (3) of Law Number 32 of 2009 concerning Environmental Protection and Management and in Article 26, paragraphs (1), (2), and (3) Cirebon Regency Regional Regulation concerning Environmental Protection and Management. However, more specific regulations regarding the quality standards for chicken slaughtering Micro, Small and Medium Enterprises still need to be regulated in this regulation. This statement is in line with the Cirebon Regency Environmental Service statement, which states that there is no regulation on wastewater quality standards for Micro, Small, and Medium Enterprises for slaughtering chickens. There is only regulation regarding wastewater quality standards for cattle, buffalo, sheep, goats, horses, sheep, and pig slaughterhouses.
The absence of regulations regarding the management of chicken-slaughtering Micro, Small, and Medium Enterprises, as well as the obstacles felt by the Environmental Service in monitoring, coaching, and prosecution of chicken-slaughtering Micro, Small, and Medium Enterprises actors who violate their waste management, makes the local government have to look at and pay attention to the sector immediately. This Micro, Small, and Medium Enterprises slaughtering chickens are considering the intensity of its implementation, which throws its waste into environmental media daily.
Regional regulations and other regulations that discuss waste management for Micro, Small, and Medium Enterprises slaughtering chickens must be made immediately so that the Cirebon Regency Environmental Service can minimize and deal with violations of waste management committed by Micro, Small, and Medium Enterprises for slaughtering chickens where this is in line with the objectives of the Environmental Service Living in their duties towards Micro, Small and Medium Enterprises of slaughtering chickens, namely in order to manage the environment for Micro, Small and Medium Enterprises activities cutting chickens are carried out well so that a sustainable environment is achieved.
5. CONCLUSION
Law enforcement in violation of waste management of Micro, Small, and Medium Enterprises slaughtering chickens in Cirebon Regency, carried out by the Department Environment Cirebon Regency life could have been better. This is due to the many obstacles experienced by the Department of the Environment. The most highlighted obstacle is the limited budget disbursed by the local government/DRD Cirebon Regency, where which creates space for the Cirebon Regency Environmental Service to carry out socialization, guidance, supervision, and the application of sanctions to Micro, Small, and Medium Enterprises actors who slaughter chickens that have not been optimal in managing their waste to be limited. The local government, in carrying out its role
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in handling chicken slaughtering Micro, Small, and Medium Enterprises waste, namely by carrying out socialization, education, coaching, and supervision, has not been running perfectly because there is no regulation regarding waste management of Micro, Small, and Medium Enterprises slaughtering chickens. The absence of regulations regarding wastewater quality standards for Micro, Small, and Medium Enterprises for slaughtering chickens has also made it difficult for the Environment Agency to carry out its role for Micro, Small, and Medium Enterprises slaughtering chickens.
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