Efektivitas Pasal 5 Peraturan Walikota Kupang Nomor 33 Tahun 2019 Tentang Pengurangan Penggunaan Kantong Plastik

COWANG, Rikardus Supardi (2023) Efektivitas Pasal 5 Peraturan Walikota Kupang Nomor 33 Tahun 2019 Tentang Pengurangan Penggunaan Kantong Plastik. Undergraduate thesis, Universitas Katolik Widya Mandira Kupang.

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Abstract

To overcome the increase in the use of plastic bags In 2019 the Kupang City Government has made efforts to solve the problem of plastic waste in reducing the use of plastic bags by issuing Kupang Mayor Regulation Number 33 of 2019 concerning Reducing the Use of Plastic Bags. In Article 5 of the regulation there is a prohibition on the use of plastic bags for business actors, the obligation to provide environmentally friendly alternative bags, and administrative sanctions. Seeing the implementation in the field shows that things are different from what is stipulated in Article 5 of the Mayor of Kupang Regulation Number 33 of 2019 concerning Reducing the Use of Plastic Bags, it can be seen that business actors still use plastic bags. Thus the issue raised is how effective Article 5 of the Mayor of Kupang Regulation Number 33 of 2019 concerning Reducing the Use of Plastic Bags. The type of research used is empirical legal research using the sociological-juridical, statutory, and conceptual approach. The data collection method used is the method of observation, interviews and documentation. The result and discussion is that the effectiveness of Article 5 of the Kupang mayor's regulation Number 33 of 2019 concerning Reducing the Use of Plastic Bags is not effective. There are several paragraphs of Article 5 that are not effective, including Paragraph (1) Business actors are prohibited from using plastic bags in order to reduce dependence on plastic bags, Paragraph (2) The prohibition on the use of plastic bags as referred to in paragraph (1) is carried out on; shopping centers, department stores, supermarkets, minimarkets, modern retail, hypermarkets, Paragraph (4) Business actors who violate the provisions referred to in Paragraph (1) may be subject to administrative sanctions in the form of verbal warnings, written warnings, temporary suspension of permits, and/or revocation temporary permit, Paragraph (5) temporary suspension of activities as referred to in Paragraph (4) letter c is granted if a written warning has been given 3 (three) times in a row with a grace period of 7 (seven) working days, and Paragraph (6) temporary revocation the permit as referred to in Paragraph (4) letter d is granted if the business actor does not make repairs during the temporary suspension of activities for a maximum period of 3 (three) months. The ineffectiveness of Article 5 can be seen based on the theory of legal effectiveness, namely from legal factors; the clarity of the formulation and substance of the regulation. Community factors; lack of understanding and awareness of these regulations on the basis of the impact of using plastic bags on the environment and living things and law enforcement factors; not optimal supervision either through communication in terms of uneven socialization, there has never been an application of sanctions according to those regulated in the regulation. In conclusion, the effectiveness of Article 5 of the Mayor of Kupang Regulation Number 33 of 2019 concerning Reducing the Use of Plastic Bags does not work effectively. In Article 5 there are several paragraphs that are not effective. To measure the effectiveness of Article 5 based on the theory of legal effectiveness, it can be seen from legal factors, community factors, and law enforcement factors. The ineffectiveness of Article 5 is due to the existence of obstacles both from the Kupang City Environment and Sanitation Service, business actors, and the community. Suggestions from the author are the importance of reviewing the clarity and substance of Article 5 regulations, optimizing socialization to increase awareness and understanding of business actors and the public.

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