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Supreme Court cancels Presidential Decree No. 18 year 2016 concerning the acceleration of Waste to E


Jakarta, 28 February 2017 - The Judicial Review submitted by the National Coalition to for the Presidential Decree No. 18 year 2016 with the Case No. 27 P/HUM/2016 granted by the Supreme Court. The petition filed by 15 individuals and 6 NGOs was submitted to the Supreme Court on July 19, 2016 and was granted on November 2, 2016. A copy of the judge's ruling was chaired by Dr. H. Supandi, S.H., M.Hum. can be seen on the Supreme Court Decision page.

As our submission has already granted by the Supreme Court, we ask the President to revoke and cancel the Presidential Decree No. 18/2016 as soon as possible in accordance with the Supreme Court decision. The cancellation of Presidential Regulation No.18 year 2016 is a very important gift for the 2017 National Waste Awareness Day and reminds all of us that sustainable waste management emphasises human health and environmental considerations, as well as promotes the precautionary principle in determining technology.

"We are grateful to the judges at the Supreme Court who have processed our submission within four months of our submission date," said Dwi Retnastuti, one of the individual petitioners living in Griya Cempaka Arum, in the Gedebage area, Bandung which is one of the site of proposed WTE project. "We appreciate the process carried out by the Supreme Court which has given the defendant (in this case the President of the Republic of Indonesia) an opportunity to provide responses that are relevant to our submission and provide the best and fair decision for the wider community".

The applicants also expressed optimism about waste reduction and improvement of the waste management system.

"This decision provides a lesson that the acceleration of achieving the objectives of the Waste Management Law No.18 year 2008 must be accompanied by a comprehensive waste management strategy, not just at the end of the pipe," said Rahyang Nusantara, Indonesian campaigner for the Plastic Bag Diet. "Efforts to reduce waste generation should be intensified at the individual level, while continuing to build a qualified waste management system. The government should not get tired of disciplining citizens,” he added.

Another individual petitioner from Makassar, Asrul Hoesein, added, "With a focus on management in the area of ​​waste generation and optimising the function of TPS3R, the government can actually minimise waste to the landfill."

Waste treatment with thermal technology such as incinerator, gasification and pyrolysis as stated in Article 1 of the Presidential Decree No. 18/2016, requires assessment and thorough consideration. High investment and operational costs, impacts on health and the environment are important issues that must be anticipated in the application of thermal technology. One potential emission and release of toxins from processing waste with thermal technology is dioxin which has been agreed by more than 128 countries in the Stockholm Convention to be prevented and eliminated because it is carcinogenic.

"Dioxin is one of the originators of cancer that is released from the combustion process either through air, water or in the rest of the combustion," Yuyun Ismawati, Senior Advisor of BaliFokus reminded. "About 25% of the combustion products will be in the form of ash, fly ash and slags which are toxic and must be treated with a special treatment because they are classified as a B3 waste group." If each city processes around 1000 tons of waste per day, the potential for B3 waste from burning with thermal technology will produce around 250 tons of B3 waste per day. This will require handling at the final waste treatment site specifically for B3 and cannot be sent to ordinary landfill.

The emission quality standard from the incinerator facility with a capacity of 1000 tons per day was issued by the Ministry of Environment and Forestry in the form of Ministry of Environment Decree No. P.70 year 2016 and stated that the examination of dioxin is sufficient to be carried out once every 5 years. Although the quality standards set are quite strict, the directives for examining dioxin emissions only once every 5 years make Indonesia appear to be not serious about protecting public health and the environment. Whereas, as a party to the Stockholm Convention that has drawn up a National Implementation Plan for the elimination of Persistent Organic Pollutants as a requirement for ratification of the Stockholm Convention, Indonesia should reduce and prevent dioxins and furans emissions.

"The government must immediately develop an integrated and comprehensive National Waste Management Strategy, not just household waste," said Dwi Sawung, WALHI National Energy and Urban Campaign Manager stressed. "The cancellation of Presidential Decree No. 18/2016 should provide lessons for policymakers to prepare devices for controlling potential pollution and/or environmental damage from waste management in Indonesia to be environmentally sound, encourage waste segregation at source, waste minimisation, recycling, and circular economy and adopt a zero wastes approach.”

The decisions of the Supreme Court are as follows:

  1. Presidential Decree of the Republic of Indonesia No. 18 year 2016 concerning the Acceleration of the Development of Waste to Energy Plants in DKI Jakarta, Tangerang City, Bandung City, Semarang City, Surakarta City, Surabaya City, and Makassar City contradicts the higher regulation, namely Republic of Indonesia Law No. 32 of 2009 concerning Environmental Protection and Management, Law No. 36 year 2009 concerning Health, and Law No. 12 year 2011 concerning the Formation of Regulations and Regulations. Therefore, the petition submitted to the Supreme Court for the Judicial Review by the petitioners must be granted and the rules which become the object in the a quo material test case must be canceled so that it does not have any legal binding force.

  2. Ordered the defendant to revoke Presidential Decree of the Republic of Indonesia No. 18 year 2016 concerning the Acceleration of Development of Waste Based Power Plants in DKI Jakarta Province, Tangerang City, Bandung City, Semarang City, Surakarta City, Surabaya City and Makassar City.

  3. Ordered the Clerk of the Supreme Court to send an excerpt of this decision to the State Printing to be included in the State Gazette;

  4. Punish the Respondent to pay the court fee of Rp1,000,000.00 (one million Rupiah).

Contact:

Dwi Sawung, WALHI Eknas, 08156104606 | dsawung@gmail.com

Margaretha Quina, ICEL, 081287991747 | margaretha.quina@icel.or.id

Mochamad A. Septiono, BaliFokus, 081313653636 | tio@balifokus.asia


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