Jakarta (Greeners) – Responding to lawsuits from plastic and recycling plastic industries, Bogor and DKI Jakarta administrations will continue to process and implement policies to reduce single-use plastic volume as stipulates by Waste Management Law.

Currently, Bogor city administration is facing a lawsuit filed by the Indonesia Olefin, Aromatic, and Plastic Industry Association, or Inaplas, for its 2018 Mayor Regulation on Plastic Bag Use Ban.

Elia Buntang, head of Bogor Environmental Agency, said that Bogor administration is not afraid of the lawsuit.

Buntang adds that public and modern retailer business are approved of the regulation.

“Though we have not received the lawsuit letter, but the rumors from Supreme Court that [we] have received the letters. However, we already anticipate the lawsuit while meeting with Ministry of Environment and Forestry, represented by Ibu Vivien, director general of waste management and toxic and hazardous waste, some time ago. We are ready to face this together because this is not just Bogor city’s responsibility,” said Buntang in Jakarta on Monday (29/04/2019).

READ ALSO: Law Experts: Regional Administration Authorized by the Law to Issue Single-Use Plastic Ban Policy 

Bogor city administration has implemented the regulation since 1 December 2018 and capable to reduce single plastic use bags up to 41 tons per months, he added.

Furthermore, he denies that the regulation harms modern retailer as they were involved in the process and the administration also set up call center to accommodate protests from public.

However, he said that he had not heard any complaints filed about the regulation.

“In addition, there is no human rights violation. Five months after the regulation took effect, there was not a single protest from public, even we found people started to carry their own shopping bags in traditional markets. I need to underline that Bogor city does not harm anyone for this regulation,” he said.

READ ALSO: ADUPI Files Lawsuit against Bali Government for its Plastic Waste Ban Policy 

Meanwhile, DKI Jakarta administration, represented by Rahmawati, head of Waste Management of Environmental Agency, said that the government will not step back to continue the process of governor regulation on plastic bag limitation.

The governor regulation will refer to the 2013 Government Regional which stipulates modern markets and traditional markets to use environmentally friendly plastic bags or recyclable made from fabric for reuse.

“Currently, the governor regulation is on the final phase and waiting for governor’s signature. The regulation will not just talk about the obligations of retailers to use environmentally friendly plastic bags, but also education to change public to green lifestyle. The plan will be supported by traditional markets and directors of PD Pasar Jaya,” said Rahmawati.

Furthermore, she said that the government is made because waste produced by DKI Jakarta keeps on increasing every year.

In 2017-18, waste in DKI Jakarta reached to 6,800 per tons per day, however, it already amounts to 7,400 tons per day.

In addition, Bantar Gebang landfill will no longer able to contain waste by 2021 as it’s already reaching 40 meters high.

Tiza Mafira, executive director of Indonesia Plastic Bag Diet Movement, said that they will support regional governments to tackle and find solution for waste issues.

Mafira said that the movement assists several regions to compose the plastic bag limitations and not backing down from possible lawsuits.

“So far, they [local government] states that they are not afraid because the willingness to solve this waste issue is high. So, if there are disruptions, the questions should go to the disturbers, not the solution of this regulation being questioned. This is really difficult for the logic. They filed lawsuit because of losing money? This kind of reason needs to be questioned meanwhile we want to solve the problem,” she said.

Reports by Dewi Purningsih

Jakarta (Greeners) – Amid lawsuit files by Indonesia Plastic Recycling Association, or ADUPI, to Supreme Court to challenge single-use plastic ban arguing the policy against Law on Waste Management, law experts call it as baseless legal action.

Experts state that regional administration has the authority to issue single-use plastic ban policy within specific requirements and limitation.

ADUPI files the lawsuit against Bali Governor for issuing governor regulation on reducing single-use plastic waste volume in 2018.

The Association argued that the governor regulation is conflicted with the 1999 Law on Human Rights, the 2008 Law on Waste Management, the 2011 Law on Establishment of Legislation Regulation and the 2014 on Government Administration.

READ ALSO: ADUPI Files Lawsuit against Bali Government for its Plastic Waste Ban Policy 

Muhamad Ramdan Andri Gunawan Wibisana, lecturer at Law Faculty of University of Indonesia, said that ADUPI challenges four laws implementation and regional government’s authority to issue policies.

“I would say that regional has its own authority in issuing this single-use plastic ban policy. The authority in the 2018 Law on Waste Management is given to regions to follow up waste reduction and give authority to the governor to regulate waste volume reduction, because the ban is part of [waste] reduction,” said Wibisana in Jakarta on Monday (29/04/2019).

Furthermore, he said that further explanation on waste management already included in the 2012 Government Regulation on Household Waste and Waste Similar to Household Waste Management. On Clause 11, the regulation states that waste reduction includes waste volume limitation.

In addition, the regulation also cites implementation of waste volume limitation such as the use of recyclable and bio-degradable packaging, to limit the use of plastic bags, and/or avoid single use products and/or packaging consumption.

READ ALSO: Indonesian Retailers Enforce Paid Plastic Program Starts in 1 March 2019 

Usman Hamid, director of Amnesty International Indonesia, said that single-use plastic ban policy does not violate human rights for waste collectors and recycles to have better livelihood.

“ADUPI considers the policy to human rights violation, I think that makes sense because they hire a lot of people. However, if you look further, this policy has nothing to do with human rights violation. Ban and limit single use plastic is to ensure human rights, especially rights for good and healthy environment. It’s also human rights to ensure the integrity of workers’ psychological and physical conditions,” Hamid said adding the latter is guaranteed by the law issued in 2003 on Labor, International Labor Office, and International Covenant on Economic, Social and Cultural Rights.

“So, if recycling industry questions this policy, it looks like [they] only counts from money revenue or financial from the industry, companies do not see it from workers’ welfare,” he said.

Reports by Dewi Purningsih

Jakarta (Greeners) – Indonesia Plastic Recycling Association, or ADUPI, files a lawsuit against Bali provincial administration on its plastic waste policy.

The lawsuit is filed because the Association is concerned about plastics supply for recycling will be reduced and provincial government is considered inconsistent in implementing the 2008 Law on Waste Management.

Made Tedja, Bali Environmental Agency Head, confirmed the lawsuit to Greeners.

“The lawsuit is true and currently being handled by our team of law bureau. To avoid misunderstanding, we cannot give any comments before there is legal clarity from our legal team,” said Tedja via short message on Thursday (25/04/2019).

Until this article is published, the Association has refused to confirm about the lawsuit.

Novrizal Tahar, director of waste management at Ministry of Environment and Forestry, said that the Association should be too concerned about losing materials for plastic recycling because the government has considered the balance in its policy.

Based on the 2008 Law, waste management, in principle, is classified into waste reduction and waste management. Waste reduction comprises of limiting waste, reuse and recycle.

READ ALSO: Ministry of Environment and Forestry to Evaluate Eco-Labels for Plastic Bags 

Several regions have applied single-use plastic waste ban, including Bali, Banjarmasin and Balikpapan. These areas are no longer provide single-use plastic bags in modern retailers. Banjarmasin extends its policy to traditional markets.

Tahar said the law on waste management, philosophically, determines the highest hierarchy in waste management is to prevent or limit waste volume.

“Furthermore, the policy is stated on Clause 11, Government Regulation 81/2012 on Household Waste and Waste Similar to Household Waste Management which declares “waste limitation includes limiting waste volume. So, it’s legit that regional government set up the policy for limiting plastic waste. If friends in ADUPI files the lawsuit based on the 2008 Law, there’s a derivative regulation in the government regulation,” he said.

Furthermore, he said that the association should not be too concerned of losing plastic recycling materials because the government implements circular economy. In addition, the government will not issue single policy.

“Now, if only rely on recycling, it’s still low meanwhile our waste issue is massive. The government does not issue single policy, we also encourage circular economy, and encourage for technology. I think with all the things we have already done, there’s a balance point. For this matter, the ministry is ready to assist,” he said.

READ ALSO: Indonesia Potentially Becomes World’s Largest Plastic Waste Importer 

Tiza Mafira, executive director of Indonesia Plastic Bag Diet and founder of plastic bag policy, said that the Association lawsuit is baseless.

Mafira said that regional government only bans several single-use plastics and already researched to determine which types of plastic difficult for recycling in their own areas.

“What is actually the reason of ADUPI? About the worry on running out recycling materials, as far as I know ADUPI recycles plastic bottles. There is never any discussion to ban plastic bottles because plastic bottles are the best selling plastic in recycle and the rate is quite high, up to 60 percent. The one is being banned is single-use plastic because it is hard for recycling and low value, so no waste banks would want to receive. So, why ADUPI feels being in disadvantage, I don’t understand,” she said.

Furthermore, she said that plastic types being limited or banned by regional government are single-use, plastic straws, and styrofoam. She said that GIDKP is not backing down for assisting areas which are currently and will implement policy of plastic waste limitation.

“Regional government’s intention is to solve the issue so that they’re not afraid. That’s why we are also not afraid. The solution is clear that single-use plastic needs to be limited because it’s failed to be recycled. We will see how weak or strong the lawsuit in the Constitutional Court,” she said.

Reports by Dewi Purningsih

Jakarta (Greeners) – Ministry of Marine and Fisheries Affairs to finalize Seven National Strategic Areas and 20 Certain National Strategic Areas located in the outer islands this year, a senior official said in Jakarta, on Wednesday.

National Strategic Areas is prioritized spatial planning areas for their nationally important influence on the country’s sovereignty, state defense and security, economic, social, cultural, and environment issues, including areas assigned as world heritage cites, natural resources empowerment and high technology.

“On the target plans, there are several areas have already appointed through Presidential Decree in 2017. So, this year is about following it up and harmonizing the stages at Ministry of Law and Human Rights on June 2018,” said Director of Marine Spatial Planning at the Ministry, Suharyanto, in Jakarta on Wednesday.

READ ALSO: Ministry of Marine Affairs and Fisheries To Inventory Island Ownership in Indonesia

The zoning plan will take place in five areas, — Mebidangro (Medan, Binjai, Deli Serdang and Karo), Kedung Sepur (Kendal, Demak, Ungaran, Salatiga, Semarang, and Purwodadi), Gerbangkertosusila (Gresik, Bangkalan, Mojokerto, Surabaya, Sidoarjo, and Lamongan), and Mamminasata (Makassar, Sungguminasa, and Takalar), and Bima –.

Previously, two areas already appointed in 2017 were Jabodetabekpunjur (Jakarta, Bogor, Depok, Tangerang, Bekasi, Puncak, and Cianjur) and Banten Bintan Karimun (BBK).

“In the zoning plan process, there are stages need more time and certainty, such as in conducting survey, problem complexity, and the high dynamics which would make the process seems too long. So, the zoning plan will be done in stages, indirectly, with the target we’ve already decided,” he said.

READ ALSO: Local People Claim Tourism Authority Board Grabbing Their Lands

With the zoning plan, he added, will give certainty on the marine spatial planning, health, environment, economics, defense and security, and social issues.

“Besides the harmonizing process, fishermen re-position is also an important matter to be handled in the plan, including to provide social economics and modern livelihood by guaranteeing and providing room to live and access for small, traditional fishermen and small scale fish farming,” he added.

To appoint the strategic area, Professor Dietrich Geoffrey Bengen of Bogor Agricultural Institute said that academicians need to assess the criteria of the areas for the strategic plan.

“We are hoping for proper zoning plan to be synchronized that the areas designated by the province is real or the object has national strategic value. The bottom line is to optimize existing potential, such as increase investment with national impacts,” said Bengen.

Reports by Dewi Purningsih

Jakarta (Greeners) – Following a new ministerial regulation on Business Working Plan revisions issued by Ministry of Environment and Forestry, activist slammed it as ‘luxury’ granted to corporate, in Jakarta, on Wednesday (1/3).

Ministry of Environment and Forestry issued four ministerial regulations, derivatives from Government Regulation issued in 2016 related on peat protection in protected areas.

The regulations stipulate 101 permit holders of industrial plantation forests, located in protected peats, with a total of 2.5 million hectares, to revise their business working plans or locally known as RKU.

Nur Hidayati, executive director of Indonesian Forum for the Environment (WALHI), said that the policy was a luxury granted to corporate following the land swap policy which covered 800,000 hectares.

In addition, Hidayati said companies were still given the opportunity to harvest all forest commodities then they would rehabilitated the lands.

“The policy refer to ‘recklessness’ policy. This policy needs to be criticized by NGOs,” she said.

Furthermore, she said that the land swap policy was in fact “amnesty” agenda produced by the ministry as concessions to be restored were burned areas.

READ ALSO: NGO Urged To Cancel Mineral Export Relaxation Policy

The companies, she added, should be legally charged and being given new lands. Consequently, government, either the ministry of Peat Restoration Agency, should have announced companies’ names in the peat restoration indicative map, especially located in peat dome.

“If 2.5 out of four million hectares is peat dome or protected, then the step should have been review the permits and reduce concession areas of those companies,” she said.

In addition, she questioned the location of the 800,000 ha of land swap which claimed to have been prepared by the ministry at non-permit production forests and non-operational logging permit areas.

She was concerned that the lands could be designated for agrarian reform lands which meant to be distributed to people as promised by the government.

READ ALSO: KLHK Prepares Ministerial Regulation to Protect Genetic Resources

“We are worried that the policy will instead hold up President’s commitment to eradicate poverty and achieve people’s welfare, solve natural resources or agrarian conflicts,” she said.

“Director General of planology and spatial planning, San Afri Awang said that 800,000 ha lands allocated already included in the permit indicative map as production forests.

“It’s mineral areas, not targeted for agrarian reform. So, it’s safe. The regulation is being set up. The policy will not end industry,” said Awang.

Reports by Danny Kosasih

Jakarta (Greeners) – Ministry of Marine Affairs and Fisheries will start to manage potentials of small and outer islands of Indonesia, said Minister Susi Pudjiastuti.

“One way is we will start inventorying ownership of islands. The ministry will start to collect data on which islands manage by individuals or companies,” she said in Jakarta, on Friday (27/01).

READ ALSO: Five Steps to Solve Controversial Jakarta Bay Reclamation

Minister Susi said that current policy was certifying 111 small and outer islands under the state. She had hoped that other ministries will strict location permit recommendation on small islands by considering the ownership.

Furthermore, the ministry would continue the certification and verification to prevent foreigners, individuals or companies dominating the areas.

She underlined that foreigners were not completely allowed to own an island. They can only own maximum 70 percent from the total areas meanwhile 30 percent must be dedicated for public space, especially open green space.

“Only 40 percent of the total areas is allowed to be owned. Don’t let local people lose their access,” she said.

READ ALSO: Anti Illegal Fishing Task Force Ready To Be Implemented

Based on 1960 Law on Agrarian, foreigners or international legal institution do not own the rights of land ownership, including the islands or any lands in Indonesian soil.

Foreigners are only allowed for land use right, rent right, building permit and business permit. Meanwhile, on island management by foreigners must be in line with the state’s regulations.

Report by Danny Kosasih

Malang (Greeners) – A coalition of civil societies, Publish What You Pay (PWYP) Indonesia, urged President Joko ‘Jokowi’ Widodo and Minister of Mineral Resources and Energy, Ignasius Jonan, to cancel on mineral export relaxation policy, both on ore materials and concentrates.

NGO demanded to revoke Government Regulation issued in January stating that it would pave ways for the government to issue permits to export ore nickel and bauxite or with low calorie, including below 1.7 percent for nickel and purified bauxite.

“This revision will give the opportunity to change mining company status from Working Contract (KK) to Mining Business Permit (IUP) and Special IUP (IUPK) without process stipulated by the 2009 Law on Mineral. In addition, it will also give leeway for IUPK to export concentrate for next five years,” said National Coordinator of PWYP Indonesia, Maryati Abdullah, on Tuesday (17/01).

READ ALSO: President Jokowi Bans Oil Palm Plantation and Mining Concessions

Maryati Abdullah said government blatantly issue a policy in contrast with the law which stipulated companies to do purification in Indonesia and against the article which stipulated all KK holders to produce purified mining products within five years after the 2009 Law on Mining was issued.

Aryanto Nugroho, Advocate Manager PWYP, said with relaxation on concentrate exports for the next five years, it would mean 13 years of time given to mining business to establish their industries.

“It just adds up the inconsistency from the government related to its policy,” he said.

Export Relaxation Triggers Natural Destruction

Hermawansyah, Director of Swandiri Institute, West Kalimantan, said that the policy would increase natural resources exploitation amid low support on the environment and rising social conflicts caused by mining activities in regions.

Based on Economics Investigation and People, University of Indonesia (LPEM UI), the ban on raw materials export has contributed to declining illegal mining in 2016. If export on raw materials re-opened, it will lead to more illegal mining activities.

READ ALSO: Freeport’s Renegotiation Point Not Only On Divestment

Based on the report, illegal logging is not limited to non-permits activities but also companies with permits but produces over quota or mining outside permitted areas or conduct bad mining practices.

“Swandiri Institute and Eyes of the Forest (EoF) West Kalimantan found that 95 percent of IUP with clean and clear status overlapping with forest areas without Lend Use Permit. We cannot imagine the destruction must West Kalimantan face,” said Hermawansyah.

Reports by HI/G17