Some advocates sued the Minister of Environment Circular No. S.1230 / PSLB3-PS / 2016 concerning Implementation Mechanism Price and Plastic Bags Paid to the Supreme Court (MA).
The lawsuit has been filed through the South Jakarta District Court, Monday (18/04/2016).
"Circular contrary to Article 612 of the Civil Code. Therefore, we are accountable to the Supreme Court," said one of the lawyers who sued, Mohammad Aqil through his press conference on Tuesday (19/04/2016).
Aqil addition, there are eight other lawyers, namely Ronny Asril, Harry Syahputra, Wibisono Oedoyo, Endang Suparta, Lukman Abdul Hakim, Muhammad Irfan Elhadi, Suwirman Sikumbang and Roni Saputra.
In the article in question, the state guarantees the obligations of the seller to hand over the material in a real and integral to every buyer. Plastic bags, it is considered an integral part of the seller's obligations.
"There should surrender the keys of the building in terms of material," said Aqil.
In addition, circular plastic bags paid is contrary to Article 1320 of the Civil Code. This is because the goods that pollute the environment should not be bought and sold, including plastic bags.
Ministry of Environment and Forestry has clearly stated the plastic bag is a source of waste which can not be parsed earth and has contributed 14 percent of the total amount of waste in Indonesia.
The plaintiffs hope the Supreme Court declared invalid circulars and government published the rules are much more effective and concrete to prevent impacts caused by plastic bags.
This paid plastic bags has been in effect since the date of February 21, 2016, coinciding with the National Day of Waste Concern.
The circular was born out of a meeting with the National Consumer Protection Agency (BPKN), the Indonesian Consumers Foundation (YLKI), and the Retailers Association of Indonesia (APRINDO), enacted during the past 6 months with periodic evaluation 3 months.
Every consumer who require plastic bags for every purchase of goods, subject to the obligation to buy plastic bags for a minimum of Rp 200 per bag.
In fact, for the city of Balikpapan, set at Rp 1,500 perkantong plastic. More recently, YLKI voiced that the minimum price to Rp 1,000 perkantong plastic.
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