POLITICAL SHIFT LAW SETTLEMENT OF FLY ASH AND BOTTOM ASH (FABA) COAL BASED ON ECOLOGICAL JUSTICE

Abstract

Purpose: This research aims to gain a comprehension understading on the factors causing the shift in political law regulation of fly ash and bottom ash (FABA) coal waste from hazardous and toxic waste (B3) to non-B3 status and provide a solution to the regulatory model for coal FABA based on ecological justice.   Theoretical framework: This study also anchors from environmental justice theories known as “political ecology” from the perspective of “procedural justice” and “distributive justice”.   Method: This qualitative research was approached as socio-legal research specifications. Miles et al.’s (2014) qualitative data analysis process was employed to analyze the data.   Result and conclusion: The research results show that the political shift in the legal regulation of FABA should be based on ecological justice. The causal factor, the formation of law, is influenced by political and economic factors. While economic factors remain the dominant basis in establishing Government Regulation Number 22 of 2021, the environment should also be the consideration. Most of the construction of the regulation has not been based on the precautionary principle, non-regression, ecological justice, Pancasila justice, certainty, benefit, legal morality, and international agreements.   Practical implication: This study contributes that the implementation of environmental protection and management needs to be reconstructed based on provisions, principles, and principles in forming arrangements such as the precautionary principle, the precautionary principle, the non-regression principle, the ecological justice principle, national justice [Pancasila], certainty, expediency, legal morality, and international agreements, to produce regulations in the environmental sector based on ecological justice.