B3 Waste Management From the View of Civil Law
DOI:
https://doi.org/10.29103/micolls.v2i.89Keywords:
Management, View, Civil LawAbstract
Environmental problems are essentially ecological problems. The core of environmental problems is the reciprocal relationship between living things and their environment. Therefore, wise development (especially in the environmental field) must be based on environmental insight as a means to achieve sustainability and become a guarantee for the welfare of present and future generations. carried out by companies or legal entities in addition to bringing positive effects, can also bring negative effects such as pollution or environmental destruction. This research is a normative legal research,which collects secondary data through literature studies, to obtain secondary data in the form of primary, secondary and tertiary legal materials. Primary legal materials are in the form of the 1945 Constitution, other laws, judges' decisions, which are relevant to this writing and research. Secondary legal material in the form of opinions of legal experts through textbooks, journals, articles, results of previous research, workshop papers, seminars, symposiums, discussions, magazines/newspapers, theses, dissertations, and others, which have something to do with the object of this research. Tertiary legal materials in the form of dictionaries and encyclopedias, relevant bibliographies and dictionaries. Field research was conducted to complement library data. The results of the study show that legal liability to the employer company due to negligence by the company accepting the work of B3 waste management in the event of environmental pollution is an unlawful act contained in Article 1365 of the Civil Code, Environmental Law Number 32 of 2009. which is stated in Article 87 (1 ). And the Minister of Environment Regulation Number 5 of 2014 concerning Wastewater Quality Standards, or waste is processed according to the company's operational standards (SOP) as agreed between the managers of PT. Medco with companies. Furthermore, the waste that has been processed internally within the respective industries will be sent to the Installation.
References
Book
Asri Wijayanti, Post-Reform Labor Law. Sinar Graphic: Jakarta. 2009.
Alvin Toffler, Future Shock, A Santas Book, Random House Inc., New York 1974.
Absori, Environmental Dispute Resolution Law, Muhammadiyah Univercity Pers, Surakarta, 2006.
-------------, Environmental Law Enforcement and Anticipation in the Era of Free Trade, Muhammadiyah University Press, Surakarta, 2001.
---------, Environmental Dispute Resolution Law, A Model for Environmental Dispute Resolution with a Participatory Approach, Muhammadiyah. Surakarta, 2009.
Deni Bram, , Environmental Law: Homo Ethic Towards Eco Ethic, Gramata Publishing, Bekasi 2014..
David C. Korten, Towards the 21st Century: Voluntary Action and the Global Agenda, Indonesia Torch Foundation, Jakarta. 1993.
Enri Damanhuri, Hazardous and Toxic Waste Management, Diktat Lecture TL-352 Faculty of Civil Engineering and Planning, ITB, Bandung, 1994.
H. Salim HS and Erlies Septiana Nurbani, Application of Legal Theory in Thesis and Dissertation Research, PT Raja Grafindo Persada, Jakarta, 2013.
Lester R. Brown, 1986, Back at the Crossroads: Population Problems with Natural Resources, Rajawali, Jakarta, 1986.
Soedjono Dirdjosisworo, Legal Security Against Environmental Pollution Due to Industry, Alumni, Bandung, 1983,
Wisnu Arya Wardhana, Impact of Environmental Pollution, Andi, Yogyakarta, 2004.
Legislation
Code of Civil law
Law Number i of 1946 concerning the Criminal Code
Law Number 13 of 2003 concerning Manpower.
Law Number 1 of 1995 concerning Limited Liability Companies.
Law Number 23 of 1982 concerning Basic Provisions for the Environment
Law Number 23 of 1997 concerning Environmental Management
Law 32 of 2009 concerning Environmental Protection and Management; LN of 2009 Number 140; TLN Number 5059.
Law No. 4 of 1997 concerning Environmental Management
Government Regulation no. 18 of 1999 concerning Hazardous Waste Management.
Law of the Republic of Indonesia Number 32 of 2009 concerning Environmental Protection and Management," State Gazette of the Republic of Indonesia Year 2009 Number 140 and Supplement to the State Gazette of the Republic of Indonesia Number 5059.
Minister of Environment Regulation No. 18/2009 concerning Procedures for Licensing for Hazardous Waste Management
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