LEGAL POLITICS ON FLY ASH BOTTOM ASH WASTE CONVERSION INTO NON-B3 WASTE AFTER LAW NUMBER 11 OF 2020 CONCERNING JOB CREATION IN INDONESIA

Abstract

Regarding the implementation of environmental protection and management, notably with regard to non-B3 trash, PP No. 22 of 2021 makes significant changes. Under appendix XIV of PP No. 22 for the year 2022, mining waste in the form of fly ash and bottom ash (FABA) is no longer categorised as hazardous and toxic waste (B3). Although it is recorded with the waste codes N106 for fly ash and N107 for bottom ash, it is still categorised as non-B3 waste. In this case, the government has loosened the regulations by removing coal ash from the B3 waste list rather than strengthening control and levying fines on the management of coal ash from power plants, which would lower the risk of exposure. Many impacts result from the conversion of FABA waste to non-B3 trash. Before PP No. 22 of 2021, FABA was classified as B3 trash, which had stricter waste management standards and procedures. This makes one of them a corporate criminal liability. The government is blamed for not performing adequate oversight, applying the law correctly, and managing environmental contamination that has an impact on public health. As a result, to avoid FABA pollution from lowering environmental quality, current regulations must be reinforced and made more preventative, based on the precautionary principle.