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Original Research

COOPERATION CONTRACT BETWEEN LOCAL GOVERNMENT AND THIRD PARTIES IN PROCUREMENT OF WASTE FACILITIES INFRASTRUCTURE

RR. RITA HIDAYATI 1, DJUMARDIN 2, ZAINAL ASIKIN 3, and GALANG ASMARA 4.

Vol 18, No 07 ( 2023 )   |  DOI: 10.17605/OSF.IO/572NE   |   Author Affiliation: Doctoral Study Program, Faculty of Law, University of Mataram, Indonesia 1,2,3,4.   |   Licensing: CC 4.0   |   Pg no: 754-765   |   Published on: 17-07-2023

Abstract

This research is intended to answer two main legal issues, namely 1). What is the Government's Legal Responsibility for the Negative Impacts arising from solid waste activities? And 2). Components what are the indicators in providing compensation to the community as a negative impact arising from the construction of waste infrastructure? This research is a normative legal research (legal research) using statutory approach, conceptual approach and case approach, as well as comparative approach. The results of the study show 1) that the government's legal responsibility related to waste is not only limited to the construction of waste infrastructure but also to the impacts arising from the existence of this waste infrastructure, especially related to the environment. 2). Based on the Decree of the Governor of NTB No. 900-32 of 2019 concerning the provision of financial assistance to the NTB provincial government to compensate for the negative impacts of the Kebon Kongok TPAR operation on Sukamakmur and Banyumulek Villages, the negative impacts that can be caused by the existence of the Kebon Kongok TPAR include: water pollution, air pollution, landslide, fire, methane gas explosion and hothers that have a negative impact. Negative Impact Compensation (KDN) is calculated based on the amount of waste that enters the Kebon Kongok TPAR which is paid by the West Lombok Regency government and the Mataram City government through the NTB provincial government through financial assistance to the village government. KDN financial assistance on in 2019 were given to Banyumulek Village and Sukamakmur Village according to an agreement between the NTB Provincial Government and the West Lombok Regency government and the Mataram City government.


Keywords

Legal Responsibility, Government, Negative Impacts, Garbage