Background

On 31 December 2019, the Government of DKI Jakarta enacted the Governor of DKI Jakarta Regulation No. 142 of 2019 on Mandatory Use of Environmental- Friendly Shopping Bag at Shopping Center, Supermarket and Traditional Market (“GR No. 142/2019”). GR No. 142/2019 will be in effect on 30 June 2020.

GR No. 142/2019 regulates that Managers of Shopping Center, Supermarket and Traditional Market shall use Environmental-Friendly Shopping Bag.

Environmental-Friendly Shopping Bag is reusable shopping bag that is made from various kind of material such as dry leaves, fabric, polyester and its derivatives, having adequate thickness, can be recycled and are designed to be used repeatedly.

Implementation of Mandatory Use of Environmental-Friendly Shopping Bag

Managers of Shopping Center, Supermarket, and Traditional Market are prohibited from using Disposable Plastic Shopping Bags and shall use Environmental-Friendly Shopping Bags instead.

Obligation of Management of Shopping Center and Traditional Market

The use of Environmental-Friendly Shopping Bags in Shopping Center and Traditional Market is conducted by its Managers through:

  1. implementation of obligations of all business actors who conduct their business in the shopping center/traditional market under their management to use environmental-friendly shopping bags;
  2. implementation of prohibition to use Disposable Plastic Shopping Bags in the shopping center/traditional market area under their management;
  3. socialization and official announcement for all business actors that conduct their business in shopping center/traditional market under their own management concerning implementation of obligation to use Environmental-Friendly Shopping Bags and prohibition to use Disposable Plastic Shopping Bags.
  4. socialization and education of the use of Environmental-Friendly Shopping Bags for consumers in area under their management through audio, visual and/or audio-visual media;
  5. Supervision of implementation of Environmental-Friendly Shopping Bag and prohibition to use Disposable Plastic Shopping Bags ;
  6. Warning to business actors and/or consumers who do not follow the implementation of Environmental-Friendly Shopping Bags and prohibition to use Disposable Plastic Shopping Bags.
Sources  Implementation of Strict Liability in Environmental Dispute

In implementing the mandatory use of Environmental- Friendly Shopping Bags and prohibition to use Disposable Plastic Shopping Bags, every business actor has an obligation to:

  1. not to provide Disposable Plastic Shopping Bags in the business area under their management;
  2. provide paid Environmental-Friendly Shopping Bags near transaction cashier;
  3. implementing procedures for socialization of the use of Environmental-Friendly Shopping Bags for consumers;
  4. implementing procedures for socialization of the negative impact of the use of Disposable Plastic Shopping Bags.

Obligation of Supermarket Managers

The use of Environmental-Friendly Shopping Bags in Supermarket conducted by its managers through:

  1. implementation of the use of Environmental-Friendly Shopping Bags in the business activities it manages;
  2. provide non-free Environmental-Friendly Shopping Bags near transaction cashier;
  3. implementing procedures for socialization of the use of Environmental-Friendly Shopping Bags to consumers;
  4. implementing procedures for socialization of the negative impact of the use of Disposable Plastic Shopping Bags.
  5. provision of incentives for consumers in accordance with policies of each supermarkets to support and reward consumers who bring their own Environmental-Friendly Shopping Bags.

In implementing the mandatory use of Environmental-Friendly Shopping Bags and prohibition to use Disposable Plastic Shopping Bags, business actors may provide Disposable Plastic Shopping Bags only for the food that has not been packed. Nevertheless, if more environmental-friendly alternative packaging bags exist, the use of disposable plastic bags shall be stopped.

Socialization of the use of Environmental-Friendly Shopping Bags for consumers and socialization of the negative impact of Disposable Plastic Shopping Bags shall consist at least:

  1. provision of information in the form of audio, visual or audio visual for consumers concerning Environmental-Friendly Shopping Bags program;
  2. provision of information in the form of audio, visual and audio visual for consumers regarding the negative impact of Disposable Plastic Shopping Bags to the environment;
  3. asking, whether the consumers bring their own Environmental-Friendly Shopping Bags ;
  4. offering incentives, if consumers bring their own Environmental-Friendly Shopping Bags ;
  5. charging reasonable price on Environmental-Friendly Shopping Bags provided.
Sources  Registration Procedure of Waqf Land

Societies’ Rights

  1. Entitled to get Environmental-Friendly Shopping Bags from the Managers.
  2. Entitled to bring their own Environmental-Friendly Shopping Bags and refuse to be given Disposable Plastic Shopping Bags by business actors.
  3. Entitled to get information from business actors regarding type and materials of available Environmental-Friendly Shopping Bags and price of Environmental-Friendly Shopping Bags.

Provision of Local Fiscal Incentives

Managers of Shopping Center, Supermarkets and Traditional Markets that have fulfilled the obligations and procedures for using Environmental-Friendly Shopping Bags , are entitled to local fiscal incentives in the form of deduction of local taxes on the business activities conducted by them, by submitting application letter to Governor.

Administrative Sanction

Violations conducted by  Managers of Shopping Center, Supermarket, and Traditional Market in relation to the mandatory use of Environmentally Friendly Shopping Bags  may be subject to administrative sanction in the forms of (a) warning letter, (b) fine, (c) suspension of permit, and (d) revocation of permit.

I Gusti Made Rajendra Nananjaya