The Legal Purpose in Implementing Article 48 of Banyuasin Regional Regulation No. 4 of 2016 on Waste Management

Abstract

The Banyuasin Regency Government has enacted Regional Regulation No. 22 of 2012 in conjunction with Regional Regulation No. 4 of 2016 concerning Waste Management. This study aims to analyze the implementation of the regulation by applying Lawrence M. Friedman’s Legal System Theory and Thomas R. Dye’s Public Policy Theory to produce recommendations for improving both the technical aspects of waste management and the enforcement of the regulation in the future. The research employs a normative and empirical juridical approach using a qualitative method, with primary and secondary data obtained through field observations, interviews, and a review of related legislation. The findings indicate that the effectiveness of the regulation’s implementation depends on three key components: the legal structure (Environmental Agency and Civil Service Police Unit of Banyuasin Regency), legal substance (Regional Regulation No. 22/2012 Jo. No. 4/2016), and legal culture (community compliance and participation), in accordance with Friedman’s Legal System Theory. The study also finds that the inhibiting factors of implementation depend on the local government’s policy choices whether to act (“to do”) or not act (“not to do”) as stated by Dye’s Public Policy Theory. The conclusion of this research shows that the Banyuasin Regency Government has implemented the regulation, although it has not yet been carried out optimally.