Jurnal Hukum Volkgeist Volume 5 Issue 1, 2020 P-ISSN : 2528-360X, E-ISSN : 2621-6159 104 Trash management policy based on participation of the society Indah Kusuma Dewi1 Abstract Author’s Information: The trash problem that is currently happening certainly requires special handling by both the government and the community. If the trash management is not in accordance with the methods and techniques of trash management that are environmentally sound, it is feared that it will get negative impacts such as a decrease in the quality of the environment which will also have an impact on public health. The purpose of this study was to determine how to identify trash management problems in Napa Village, Mawasangka District, Central Buton Regency and to find out how the concept of trash management in Napa Village, Mawasngka District, Central Buton Regency. This type of research is empirical juridical research. The results showed the identification of trash management problems in Napa Village including identification of trash problems in Napa Village, concept of 3 (three) R trash and trash processing methods in Napa Village. The concept of regulating trash management in Napa Village, namely analysis of laws and regulations on trash, philosophical studies of trash in Napa Village, juridical studies of trash in Napa Village, sociological studies of trash in Napa Village, study of direction and scope of trash management arrangements in Napa Village , Academic Manuscripts of Village Regulations on Trash Management in Napa Village and Draft Village Regulations on Trash Management in Napa Village. Keyword: Trash, Management, Community, Participation 1Master of Law, Faculty of Law, Universitas Muhammadiyah Buton, Indonesia E-mail: (indah.kusuma@um.buton.ac.id ) Article’s Information: DOI: https://doi.org/10.35326/volkgeist.v5i1.948 1. Introduction One of the causes of all environmental pollution is used goods that are no longer used or their popular name is garbage. Thus the increase in population, the emergence of new residential areas supported by technological advances, the volume of trash will also increase in line with human activities, so that if the prevention and management are not good it will cause big problems in environmental conservation. In everyday life, it is inseparable from the presence of garbage, whether it is garbage that comes from the house or from outside. Garbage is a consequence of life, which often causes problems, and the amount will increase along with the increase in population and various activities. An increase in population means an increase in the amount of rubish generated, and more diverse activities mean that there are more types of trash produced. Such as household trash and household-like trash. Therefore, trash must start to be seen as a resource. This means that the habit of throwing away must be changed into processing. The concept that can be used in processing trash is the 3R concept(Soemarwoto, 1986) they are:: mailto:indah.kusuma@um.buton.ac.id https://doi.org/10.35326/volkgeist.v5i1.948 Jurnal Hukum Volkgeist Indah Kusuma Dewi. 5(1): 104-114 105 a. Reduce: reduce the use of products that will produce trash. b. Reuse: reuse, sell or donate things that can still be used. c. Recycle: modify previously useless things to become useful. Meanwhile, national development which aims to create a just and prosperous society based on Pancasila and the 1945 Constitution, although not yet fully achieved, has been realized with various programs that have been launched. In this case is a program regarding the management of household trash and household-like trash. Article 28 H paragraph (1) of the 1945 Constitution states "Everyone has the right to live in physical and spiritual prosperity, to live in, and to have a good and healthy living environment and the right to obtain health services". In general, according to the Minister of Public Works Regulation Number: 21 / PRT / M / 2006, Chapter IV National Policy and Strategy for Solid Trash Management System Development; areas that receive good solid trash services will be shown to have the following conditions: a. All communities have access to handling trash generated from daily activities, whether in housing, commerce, offices, or other public places. b. The community has a clean residential environment because the trash generated can be handled properly. c. The community is able to maintain their health because there is no trash that has the potential to become a material for disease transmission such as diarrhea, typhus, dysentery, and others; as well as environmental disturbances in the form of air, water or soil pollution. d. The public and business / private sector have the opportunity to participate in solid waste management so that they can get benefits for their welfare. 2. Literature Review One of the factors affecting the environmental balance is an increase in population. An increase in population results in an increase in the amount of consumption of goods and services, from this increase will result in an increasing amount of waste. The increase in waste will be an environmental problem, while in terms of handling, until now it has not been completely addressed, especially in densely populated areas such as urban areas.(Ruban, Putri, & Ekayani, 2014). Impact Plastic waste can last for years, causing pollution to the environment. Plastic waste is not wise if it is burned because it will produce gas that will pollute the air and endanger human breathing, and if plastic waste is piled up in the ground it will pollute the soil and ground water. For this reason, it is necessary to know about the main types of plastic: PET, HDPE, PVC, LDPE, PP, PS, OTHER codes so that if you use safer plastics, namely HDPE, LDPE, PP, OTHER codes (except PVC) and prevention of waste plastic (Karuniastuti, nd). Based on the Law of the Republic of Indonesia Number 18 of 2008 concerning Trash management, managed waste consists of: a. household waste; b. household-like waste; and c. specific garbage. Jurnal Hukum Volkgeist Indah Kusuma Dewi. 5(1): 104-114 106 Household waste comes from daily activities in the household, excluding feces and specific waste.Waste similar to household waste originates from commercial areas, industrial areas, special areas, social facilities, public facilities, and / or other facilities. Specific waste includes: a. waste containing hazardous and toxic materials; b. waste containing hazardous and toxic waste; c. waste arising from a disaster; d. rubble of building demolition; e. waste technology that cannot be processed; and / or f. waste that arises periodically. The characteristics of waste in 3-based trash management are divided into: a. Organic trash Organic waste or wet waste or biological waste is a type of waste that comes from living bodies so that they easily rot and can be destroyed naturally. Examples are kitchen waste, leaves, vegetables, fruits, meat, fish, rice, and grass clippings / leaves / branches from the garden. b. In-Organic Waste Inorganic waste or dry waste or non-biological waste is waste that is difficult or cannot decompose, which is waste composed of non-organic compounds originating from non-renewable natural resources such as minerals and petroleum, or from industrial processes. Examples are glass bottles, plastics, plastic bags, cans and metals. Some non-organic waste cannot be decomposed by nature at all, and some parts can be decomposed over a very long time. Processing non-organic waste is closely related to saving natural resources used to make these materials and reducing pollution due to the production process in the factory. Various recycling systems can be applied, because the composition of the largest waste in cities in Indonesia is mostly organic waste, so composting systems on individual, communal, regional scales are introduced, both for high groundwater areas (wet areas) and for low ground water. Meanwhile, for the reuse of waste, both organic and inorganic, examples are introduced that can be applied and the introduction of waste banks. For waste reduction simple techniques such as reducing packaging, returning to biodegradable packaging are introduced.For this reason, the 3 R system of trash management (reduse, reuse, recycle), through collection, sorting, and trash management by the community must continue to be encouraged.(Karuniastuti, nd). Trash management which has a meaning, namely the method of trash management or waste treatment of waste processing from industrial waste materials and technology intended to reduce environmental pollution, how to manage industrial waste and technology depends on the nature and content of the waste and also depends on plans for permanent disposal of processed waste. (Wardhana, 1995). Trash management or waste is related to environmental management, environmental management can be carried out if a thorough study has been carried out. Environmental management must be carried out by integrating the natural physical environment, humans and their social systems. The development of this thought has the consequence that the understanding of the environment is not only limited to the Jurnal Hukum Volkgeist Indah Kusuma Dewi. 5(1): 104-114 107 physical environment but also the socio-economic aspects of culture and combines the concept of "ABC" to explain three inseparable environmental components, namely Abiotic (A), Biotic (B), Culture (C)(Raharjo, 2014). All human activities have an impact on the environment. Its biological activities, such as disposal of metabolic waste in the form of urine and feces, have an impact on the environment. When the number of people is still small, there will be little impact. Meanwhile, the greater the number of people and the added with the development of economic activity, the greater the impact on the environment. Since the beginning in the development of human culture, humans have tried to manage the impact of their activities on the environment. The greater and the development of economic and technological activities, the more necessary it is for environmental management.(Soemarwoto, 1986) To achieve sustainable development, development that is anti-environmental in nature must be replaced by environmentally friendly development, both the physical environment and the socio-cultural environment. We change the living environment from a low condition to an environment that supports our lives at a higher level of welfare(Soemarwoto, 2009). Organic waste is usually in the form of waste that can rot or be degraded by micro-organisms. Because organic waste materials can rot or degrade, it will be very wise if the waste materials belonging to this group are not disposed of into environmental water because they will increase the population of microorganisms in the water. By increasing the population of microorganisms in the water, it is possible that potagen bacteria will develop which are harmful to humans. Organic waste should be collected for processing into artificial fertilizer (compost) which is useful for plants. Making compost means recycling organic waste which of course has a positive impact on the human environment(Wardhana, 1995) Inorganic waste is generally in the form of waste that cannot decompose and is difficult to degrade by microorganisms. When this inorganic waste enters the environmental water there will be an increase in the number of metal ions in the water. Inorganic Samaph usually comes from industry. For example, paper, glass, metal, plastic, and so on(Wardhana, 1995) Trash management is carried out to reduce and overcome the impact of environmental pollution caused by industrial progress and increasing population. In addition to this, the purpose of holding it is to achieve real prosperity and in line with the advancement of the industry(Wardhana, 1995) Based on Law Number 18 of 2018 concerning Trash management, waste utilization can be carried out with a comprehensive approach from upstream, from before a product that has the potential to become waste is produced, to the downstream, namely in the product phase it has been used so that it becomes waste, which is then returned. to environmental media safely. Utilization of waste as a resource that has economic value and can be used, for example, for energy, compost, fertilizer or for industrial raw materials. Trash management with this new paradigm is carried out by reducing and handling waste activities. Waste reduction includes limitation, reuse and recycling activities, while waste handling activities include sorting, collecting, transporting, processing and final processing. Community-based trash management can be used as a reference model that puts forward the 3R paradigm (R1 = reduce, R2 = reuse, R3 = recycle). R1 Is an effort that Jurnal Hukum Volkgeist Indah Kusuma Dewi. 5(1): 104-114 108 focuses more on reducing consumptive lifestyles and always uses "not disposable" which is environmentally friendly and prevents the generation of waste, R2 is an effort to utilize waste material through repeated use so that it does not immediately turn into waste, without processing means reusing waste that is fit for use for the same function or another. R3 is that after the waste has to leave the home environment, it is necessary to sort and utilize it locally into new products. Trash management with the 3R pattern is an effort to reduce the burden on TPA (final processing site) for waste. Community-based trash management through the 3R pattern, needs to be optimized in its implementation because this program is related to national policies and strategies for developing solid trash management, especially with regard to waste reduction policies from the source, as saved in Law No. 18 of 2008, on Trash management and Ministerial Regulation. PU No. 21 / PRT / M / 2006, regarding policies and the National Strategy for Solid Waste Development. The 3R activity effort requires the active participation of all stakeholders related to solid waste problems. Considering that efforts to reduce the volume of waste at the source are closely related to community behavior, an effort to raise awareness and increase understanding is needed to encourage behavioral change that is carried out in stages, either through promotion or dissemination or continuous campaigning. Dissemination and dissemination of 3R handling is very important in trash management, it needs to be carried out continuously to every level of society, both individually and in groups, by using language, infrastructure and media in accordance with the target group. Efforts to reduce waste at the source need to be supported by providing incentives that can encourage people to always carry out 3R activities, including reducing waste retribution, providing plastic bag replacement coupons, village level awards, etc., which begin with the readiness of adequate municipal trash management. In the operational technique of trash management starting from the source of waste to the final processing, the 3R program needs to be implemented as much as possible at the source as shown in(Wardhana, 1995) 3. Methodology The location of this research is in Napa Village, Mawasangka District, Central Buton Regency, with the consideration that the village has problems in trash management and the Napa Village Government wishes to solve the problem of trash management by involving community participation. This type of research is empirical juridical research. The problems that have been formulated above will be answered or solved using the empirical juridical approach. Juridical approach (law is seen as norms or das sollen), because in discussing the problem of this research using legal materials (both written and unwritten law or both primary and secondary legal materials). An empirical approach (law as a social, cultural or das sein reality), because in this study primary data obtained from the field were used. So, the empirical juridical approach in this study means that in analyzing the problem it is done by combining legal materials (which are secondary data) with primary data obtained in the field, namely about community participation-based trash management policies in Napa Village, Mawasngka District, Buton Regency. Middle. Jurnal Hukum Volkgeist Indah Kusuma Dewi. 5(1): 104-114 109 Types and sources of data used in this study are: 1) Primary data, namely empirical data obtained directly in the field or research location through interview techniques with information sources, namely the Village Government, BPD, the Community and stakeholders in Napa Village.; 3) Data Secondary is data that we search through literature review whether sourced from books, magazines, journals, or electronic media and mass media which we consider relevant to the issues discussed. In order to obtain data relevant to the discussion of this paper, the authors conducted data collection techniques as follows: a. Research library (library research) Collection of library data is obtained from various data related to the things studied, in the form of books and literature related to this research. Besides that, the data taken by the author comes from important documents and from applicable laws and regulations. b. Field research (field research) Is a way to obtain data by conducting direct research in the field through the process of interviews or direct talks with the Napa Village Government, BPD, the community and stakeholders. The data obtained from primary data and secondary data will be processed and analyzed qualitatively and then the data is described. Qualitative analysis is a qualitative analysis of verbal data and numerical data descriptively by describing the real conditions of the object to be discussed using a formal juridical approach and referring to the legal doctrinal concept. Qualitative data that is described by words or sentences separated according to categories to get a conclusion. 4. Result and Discussion 4.1 Identification of Trash Problems in Napa Village The problems faced by the people of Napa Village can be overcome by cooperation between village officials and the community who are accompanied by experts, in this case academics from the University of Muhammadiyah Buton. The submission of this proposal focuses on sustainable development activities that will be prioritized to the Village Head, Village Consultative Body and the community in planning / organizing, discussing, stipulating, promulgating and implementing Village Regulations on Trash management so that it is expected to become a guideline in the implementation of village autonomy governance to improve governance towards good governance and can be obeyed by the community of Napa Village so that they will be able to create an independent Community Development Village based on community participation. 4.2. Trash problems and management in Napa Village Waste is identified according to the types, namely: a. Garbage or wet waste, namely waste originating from residual processing, cooking residue, or food waste that has gone bad, but can still be used as food for other organisms. b. Rubbish or dry waste, namely residual processing waste that does not rot easily and can also be divided into two groups, namely: Jurnal Hukum Volkgeist Indah Kusuma Dewi. 5(1): 104-114 110 - Garbage that does not decompose easily, but is flammable. - Garbage that is not easily decomposed and is not flammable. c. Ashes and cinders, namely various types of ash and charcoal from burning activities. d. Dead animal, namely garbage originating from animal carcasses. e. Street sweeping, which is trash or dirt that is scattered along the road. f. Industrial waste. The public's perspective on waste should no longer view waste as useless waste. Garbage should be seen as something that has a use and useful value. In order to implement Government Regulation no. 81 of 2012 concerning Management of Household Waste and Waste Similar to Household Waste, the practice of processing and utilizing waste must be a real step in managing waste. The community must abandon the old way of disposing of waste by educating and familiarizing the community with sorting, selecting, and valuing waste as well as developing a people's economy through the development of a waste bank(Prihanto, 1996). In achieving conditions for people who live healthy and prosperous in the future, it is necessary to have a healthy residential environment. From the aspect of solid waste, the word healthy will mean a condition that will be achieved if the waste can be managed properly so that it is clean from the residential environment where humans are active in it. Garbage is a direct consequence of life, so it is said that garbage has arisen since human life. It arises simultaneously with human activities, starting from efforts to extract natural resources as raw materials to continue to become materials that are ready for energy, semi-finished materials for goods and service activities in consuming these goods to achieve the welfare of human life. The social character of the community is a social capital forming factor which is the key to success in community-based trash management. Where social capital is a series of values owned by society to enable cooperation between communities. The sense of community is defined as feeling part of a group, having togetherness and having the same commitment. With an agreement about what is allowed and what is not, there will be a sense of trust (trust) and solidarity between community members to be together-together are involved in a program for the common interest(Syafrudin, 2004). 4.3 Waste Concept (3R) In RI Law no. 18 of 2008, it is said that the problem of waste includes many aspects, therefore its management needs to be carried out comprehensively and integrated with innovation-New innovations are more adequate in terms of all aspects, be it social, economic and technical aspects from upstream to downstream in order to provide economic benefits, be healthy for the environment, and can change people's behavior, meaning that trash management needs to be done from the source. Community-based trash management with the 3R concept aims to reduce waste from its source, reduce environmental pollution, provide benefits to the community, and can change people's behavior towards waste. The 3R concept is actually very simple and easy to implement, but it is difficult to implement. a. Ways of processing waste Trash management Methods and Techniques Trash management can be defined as an area related to the control of waste generation, storage, collection, transfer and Jurnal Hukum Volkgeist Indah Kusuma Dewi. 5(1): 104-114 111 transportation, processing and disposal of waste in a manner that is in accordance with the best principles relating to public health, economy. , engineering, nature protection, beauty and other environmental considerations and taking into account the wider community. Thus, trash management is a way to address waste in order to provide benefits and not damage the environment b. Identification of Waste Service Standards c. Survey the location of the landfill d. Identification of trash management agencies 4.4 The Concept of Trash management Arrangements in Napa Village a. Analysis of laws and regulations on waste The analysis used of the collected legal materials is prescriptive analysis, namely formulating and proposing guidelines and rules that must be obeyed by legal practice and legal dogmatic, and of a critical nature which are then used to solve the problems at hand. Analysis of legal materials is carried out by selecting secondary data or legal materials, then classifying according to the classification of legal materials and compiling the research data systematically carried out logically.(Nalle, 2014). The regulatory aspect is based on the fact that Indonesia is a constitutional state, where the elements of life are based on applicable law. Municipal solid trash management in Indonesia requires a strong and legal basis, such as in the formation of organizations, collection of user fees, public order, and so on. The regulations required in the implementation of a trash management system in urban areas include those that regulate: - Public order related to waste handling - Municipal solid trash management master plan - Forms of management institutions and organizations - Procedures for implementing management - The amount of service tariff or retribution - Collaboration with various related parties, including cooperation between regions, or cooperation with private parties. b. A philosophical study of waste in Napa Village The basic concepts and principles of environmental management cannot be carried out without a critical and holistic discussion of the environment. To examine the environment, it must be seen comprehensively as a whole that is interconnected (interaction) and interdependent. The meaning and scope contained in environmental studies emphasizes the dynamic and complex integration between the physical-natural environment with humans and their social systems. This has a consequence, that understanding the environment must be holistically not limited to physical-natural aspects, but also social, economic, cultural, and political aspects of society in a special system of time and place. Currently, the ABC conception is widely used to explain the three inseparable components of the environment, namely "Abiotic", " c. Juridical study on waste in Napa Village Jurnal Hukum Volkgeist Indah Kusuma Dewi. 5(1): 104-114 112 The collection of levies by local governments must refer to Law Number 28 of 2009 concerning Regional Taxes and Regional Levies. In Article 1 point 64 of the law it is affirmed that Regional Levies, hereinafter referred to as Levies, are Regional levies as payment for services or the granting of certain permits specifically provided and / or given by Regional Governments for the benefit of private persons or Entities. Meanwhile, what is meant by services according to Article 1 point 65 is the activities of the Regional Government in the form of businesses and services that cause goods, facilities or other benefits that can be enjoyed by individuals or entities. d. Sociological study of waste in Napa Village From a sociological perspective, levies generally have a direct relationship with the return of achievement because levy payments are solely intended to get an achievement from the government. The government provides services to the community by providing certain facilities and people who use these facilities are obliged to pay levies as services provided by the government, such as paying levies for solid waste / cleaning services. Cleanliness is a necessity for every member of society, and to create this cleanliness requires various efforts for it. On the other hand, that every member of society in housing, offices and markets can create waste that can affect cleanliness. For that, there needs to be a planned and systematic effort to overcome it,(Soekanto, 2005). e. Study the direction and reach of trash management arrangements in Napa Village These trash management arrangements include: a. Types of trash b. The amount of waste retribution c. Trash management agency d. Trash management in Napa Village e. Garbage dump f. Trash management technology g. Sanctions for violators f. Academic Manuscript of Village Regulations on Trash management in Napa Village The Academic Manuscript of the Napa Village Regulation on Trash management is a comprehensive study of the urgency of making the Napa Village Regulation concerning Trash management. g. Draft Village Regulation on Trash management in Napa Village The Draft Napa Village Regulation on Trash management is a draft which is a material for the Village Head and Village Consultative Body to be discussed in Village Deliberations and later stipulated as a Village Regulation. 5. Conclusion Garbage is the leftover item or object that is discarded because it is deemed unnecessary. Garbage has become a problem for mankind today. Population growth and changes in people's consumption patterns have resulted in an increase in the volume, Jurnal Hukum Volkgeist Indah Kusuma Dewi. 5(1): 104-114 113 types and characteristics of increasingly diverse waste. The waste problem that is currently happening certainly requires special handling from both the government and the community. If the trash management is not in accordance with the methods and techniques of trash management that are environmentally sound, it is feared that it will get negative impacts such as a decrease in the quality of the environment which will also have an impact on public health. The purpose of this study was to determine how to identify trash management problems in Napa Village, Mawasangka District, Central Buton Regency and to find out how the concept of trash management in Napa Village, Mawasngka District, Central Buton Regency. This type of research is empirical juridical research. The problems that have been formulated above will be answered or solved using the empirical juridical approach. The results showed the identification of trash management problems in Napa Village including identification of waste problems in Napa Village, the concept of 3 (three) R waste and how to process waste in Napa Village. The concept of regulating trash management in Napa Village, namely analysis of laws and regulations on waste, philosophical studies of waste in Napa Village, juridical studies of waste in Napa Village, sociological studies of waste in Napa Village, study of direction and scope of trash management arrangements in Napa Village , Academic Manuscripts of Village Regulations on Trash management in Napa Village and Draft Village Regulations on Trash management in Napa Village. The recommendation in this study is that public awareness in trash management needs to be improved because of the importance of understanding the environmental health responsibilities in Napa Village towards Bina Lingkungan Mandiri Village, and the Village Consultative Body (BPD) should play an active role in capturing and accommodating community aspirations in trash management so that the problem of trash management from upstream to downstream can be resolved properly. Rerferences Karuniastuti, N. (n.d.). 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