[ 17th April 2022 by allam ahmed 0 Comments ]

Political Capture in the Exclusion of FABA and Slag from Hazardous Waste List Regulation in Indonesia

Iman Prihandono and Ekawestri Prajwalita Widiati
Department of Constitutional Law, Faculty of Law, Universitas Airlangga

Purpose: This research analyses the political capture that exists in the Indonesian law-making process to show the possible link between the involvement of business in the coal and mining sectors and politicians’ personal interest that may outweigh the goal of protecting human’s health and the environment.

Design/methodology/approach: The analysis departs from a conceptual and normative approach on the law-making process in Indonesia, then juxtaposes it with facts and provisions around the enactment of hazardous waste regulation.

Findings: This paper concludes that business and political influence is undeniably infringing the protection of human rights and environment through the exclusion of fly ash bottom ash (FABA) and slag from the hazardous waste list. Despite the potential harm that FABA and slag may cause to human health and the environment, the government remains confident that they are non-hazardous materials. The debate on the benefit and drawbacks of FABA utilisation put aside the facts regarding limited access to remedy and weak environmental law enforcement.

Research limitations/implications: This paper aims to invite more discussion to criticise the policy process and law-making process in Indonesia in which politicians’ personal interests should not outweigh the interests of protecting human health and the environment.

Keywords: Policy Process, Law-Making Process, Politics of Law, Political Capture, Political Influence, Human Rights.

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