Marine plastic debris is a common issue faced by the entire international community, with some countries finding it exceptionally difficult to address and combat the issue, including Indonesia and Malaysia. The two neighboring countries are ranked as the largest contributors of plastic waste in the ocean. Unmanaged plastic waste that will ultimately end up in waters and seas has become a major issue that Indonesia and Malaysia must deal with, and a firm legal approach holds a key role for both countries in solving the issue. This paper is devoted to normatively analyzing the various legal approaches that are/can be used by Indonesia and Malaysia, and to identify the problems related to such approaches. This article applies normative legal research, in which various legal instruments and other secondary legal materials are descriptively analyzed to unravel the legal issues. The main findings reveal that laws and regulations, as well as public policies that serve as a legal basis and approaches to deal with plastic waste governance in Indonesia and Malaysia, still possess some weaknesses, including the absence of distinctive provisions specifically aimed at dealing with plastic waste, the lower legal binding power of some instruments due to their soft-law nature, and the application of rather ineffective approaches. One important initial step towards actually exerting the legal approaches in governing plastic waste in both countries is to strengthen the governing structure and legal culture surrounding the management of plastic waste. Finally, this paper encourages the establishment of a bilateral agreement between Indonesia and Malaysia that will allow both countries to formulate a more legally binding framework for tackling the issues of marine waste in general and marine plastic debris in particular.
Abstract:The concept of autonomy in any country cannot be separated from financial issues. Self-finance or own revenue shows that the region (should) have self-revenue sources, and must be able to increase their own revenue. The research was a normative research with legal analysis method. The results shows that the strategy pursued by local governments to increase the Region Own Source Revenue is intensification strategy. The essence of this strategy is the way of local governments to seek other sources of local revenue that have not explored (still hidden). Another strategy is extensive strategy. This strategy is an effort to increase the Region Own Source Revenue through expansion and/or addition of object and subject of local revenue sources. Thus, the strategy of increasing own revenue in 5 (five) districts are aimed not only technical and legal approach as broaden the tax base or add a new tax type, but the government should divide the source of local revenue and not share the result of local revenue. Taxes and levies should fully be a tool to create the prosperity of peoples in their respective region.
The multi-decade struggle of indigenous communities in Indonesia to gain recognition of their collective rights and the reluctance of the state to act on their demands, now has come to a bright spot. The rights of indigenous peoples in natural resources management –in land and forests– get more recognition as well as protection since the Constitutional Court’s decision on forest law. The recognition of indigenous peoples and their traditional rights must be followed by exclusive rights to control and managing resources in their environment, such as land or forests, as the main source of livelihood for indigenous peoples (lebensraum). Hence, a legal policy is needed from the government that regulates and provides strict and clear recognition criteria for its existence and their rights to natural resources.
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