Handling Plastic Waste based on Sustainable Tourism in the Legal
Framework of Telematics
FENTY U. PULUHULAWA1*, JUFRYANTO PULUHULAWA2,
MOHAMAD RUSDIYANTO U. PULUHULAWA3, AMANDA ADELINA HARUN4
Faculty of Law,
State University of Gorontalo,
Jl. Jend. Sudirman No.6, Dulalowo Tim., Kec. Kota Tengah, Kota Gorontalo, Gorontalo 96128,
INDONESIA
*Corresponding Author
Abstract: - The research proposes an integrated solution to the persistent plastic waste challenge by combining
sustainable tourism principles with telematics-based legal interventions. This approach aims to surpass previous
policies, leveraging technological advancements, economic incentives, and legal frameworks for a
comprehensive waste management strategy. The study emphasizes a shift in legal paradigms toward
community-oriented relations, bridging legal substance, structure, and culture. Empowering local communities
through heightened awareness of environmental asset protection's broad impact, the research promotes
ownership and responsibility. Through strategic social media utilization and effective communication, the study
seeks to amplify community engagement, fostering a self-reinforcing cycle of positive change. Additionally,
the study strives to establish a link between the proposed approach and economic growth in regional tourism,
showcasing the potential for sustainable waste management to drive economic advancement. In summary, the
research encompasses an innovative waste management model, long-term sustainability impact, integrated
technological, economic, and legal factors, paradigm shift, community empowerment, social media synergy,
and economic stimulus through enhanced regional tourism.
Key-Words: - Plastic, Waste, Sustainable, Tourism, Telematics, Law
Received: March 17, 2022. Revised: August 26, 2023. Accepted: September 29, 2023. Available online: October 26, 2023.
1 Introduction
Today, the world confronts various environmental
issues that threaten land and natural resource
production, [1]. Speaking within the country's
scope, Indonesia is one of the countries that spreads
the most plastic waste into the sea in the projected
time between 2010-2025, [2]. This study is also
further emphasized, [2], who reported that "an
estimated 3.22 million metric tons of plastic waste
was dumped into the sea around Indonesia in 2010
and is predicted to increase to 7.42 million metric
tons of plastic waste in 2025, [3]. Indonesia’s
plastic waste originates from three sectors, they are
the industrial sector, plastic waste imported into
Indonesia and the consumer sector including
Municipal Solid Waste (MSW). [4], Plastic needs
about 100 to 500 years to perfectly decompose, [5],
on the other side, modern lifestyles tend to produce
plastic waste, [6]. Plastic waste is generated even
from single-use consumption, [7]. This makes
Indonesia the second-highest country producing
plastic waste pollution in the sea, [8].
The Indonesian government certainly does not
turn a blind eye to this sad condition. In response to
the situation, the Government of Indonesia has
stipulated a Waste Management Decree Number
SK-01//PS/KU/11/2020 concerning the Strategic
Plan of the Directorate of Waste Management of
the Ministry of Environment and the Year 2020-
2024, which is a mandate from Law Number 25 the
Year 2004 concerning the National Development
Planning System regarding the implementation of
the 2020-2024 National Medium-Term
Development Plan (RPJMN) has been stipulated in
Presidential Regulation Number 18 of 2020.
The resolution of plastic waste issues tends to
emphasize the role of society as consumers,
whereas addressing the plastic waste problem
requires synergy from all components, [9]. As is
widely recognized, the worldwide production of
petroleum-based plastics is on the rise, especially
for inexpensive, disposable uses, thanks to their
durability, light weight, and versatility, [10], [11].
While the plastic consumption has been steadily
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rising, and the use of plastic materials is expanding
into various applications, the handling of waste
generated from this consumption still faces
significant shortcomings, [12]. The steps taken by
the Indonesian Government through the issuance of
several legal policies are indeed commendable,
considering one of the contributing factors to the
high spread of plastic waste in developing countries
like Indonesia, is the weak law enforcement, [13].
Therefore, the legal interventions carried out by the
Indonesian Government to synergize stakeholders
in addressing this plastic waste issue are certainly
deserving of appreciation.
Unfortunately, the strategic plan made by the
Government of Indonesia through the Ministry of
Environment and Forestry is not yet optimal,
especially in suppressing plastic waste composition.
"The composition of plastic waste nationally has
shown an increasing trend in the last ten years,
from 11% in 2005 to 15% in 2015, [14]. When
referring to the achievement of waste management
performance in 2021, comprising 228
regencies/cities throughout Indonesia, "there is a
waste generation of 28,654,799.96 tons/year where
plastic waste is included in the percentage of waste
composition based on the type of waste, the second
largest after food waste/organic waste, with a
percentage of 17.3%, [15].
The waste composition by type of waste is
illustrated in following Figure 1.
Fig. 1: Waste composition by type of waste
The data presented in Figure 1 further emphasizes
that the performance achievement of plastic waste
management does not exhibit a systematic,
comprehensive, and sustainable process between the
reduction and handling of plastic waste on a national
scale, considering the significant amount of waste
generated from various sources, [16].
In the regional scope of Gorontalo Province, the
waste problem is chronic. According to data from the
Central Statistics Agency for 2020, "every day the
volume of transported waste in 2018 has a presentation
of 51.87% of the estimated daily waste production,
while in 2019 the volume of transported waste is only
around 49.6%, [5]. Moreover, in 2020, "the rate of
waste generation in Gorontalo Province is around 543
tons/day or 198,032 tons/year, of which approximately
11% or 21,463 tons/year is plastic waste, [6]. The non-
optimal waste transportation and the high rate of plastic
waste generation will undoubtedly hurt the quality of
the environment, [17]. This portrait of the potential for
environmental degradation caused by plastic waste in
Gorontalo Province and can be seen in Figure 2.
Fig. 2: Plastic Waste Pollution Portrait
This situation is further exacerbated by the
absence of regulations regarding the reduction of
single-use plastic waste in Gorontalo Province,
especially in Gorontalo City, even though on a
national scale, "there have been 40
regencies/cities/provinces that have enacted regent
regulations/mayor regulations/governor
regulations/regulations areas related to the
reduction/limitation of single-use plastics, [7]. It
seems that the handling of plastic waste needs to be
taken seriously to "achieve a sustainable
environment as the Fourth Mission of the President
of the Republic of Indonesia, [8].
The seriousness of the Gorontalo Provincial
Government in general and, in particular, the
Gorontalo City Government has become crucial,
especially in the legal aspect. This legal intervention
is essential, considering that the area of Gorontalo
Province has tourism potential, which of course, if
its management can be optimized, could be one of
the answers to removing Gorontalo Province from
the "list of the top 10 regions the highest poverty
rates in Indonesia until March 2022, [9].
Plastic waste was not only polluted land but
also sea, [18]. Sea tourism is so stunning because of
Leftovers
Wood/Twigs/Leaves
Paper/Cardboard
Plastic
Rubber/Leather
Fabric
Glass
Metal
Other
0% 10% 20% 30% 40% 50%
Diagram 1. Waste composition by type of waste
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its location: the Sulawesi Sea flanks on the north
and Tomini Bay on the south. Marlenny Sirait also
explained that "the area of coral reefs in the waters
of Gorontalo Province is 24,910, 96 ha spread over
five districts and one city which is a type of fringing
coral reef, [10], which, of course, factually adds to
the maritime selling value of Gorontalo Province.
Tourist attractions must have their uniqueness and a
preserved environment, [19]. Not to mention several
tourist attractions have historical value to increase
the bargaining power of tourism. Last but not least,
an equally intriguing aspect is the potential of sports
tourism, where the synchronization of tourism and
sports, if developed effectively, can have a
significant impact on regional economic growth,
[20]. The small-scale reality within Indonesia is
evident in Lombok, West Nusa Tenggara, where the
presence of the Mandalika Circuit has a significant
impact on the local economy, [21].
Proper handling of plastic waste will
undoubtedly impact various sectors, [22], especially
the tourism sector. This is based on the idea that
sustainable tourism has a long-term impact because
"it is not only the tourism sector that gets its
impression but also has implications for socio-
economic, cultural and environmental sustainability
aspects, [11].
Therefore, legal intervention is needed so that
the implementation of plastic waste based on
sustainable tourism can be elaborated optimally,
especially the telematics law. The legal viewpoint of
telematics is anticipated to bring forth a fresh and
inventive approach to tackling plastic waste, with a
significant emphasis on the sustainable tourism
concept, given the widespread application of
information technology during the digital
transformation era. Moreover, the management of
plastic waste within the framework of sustainable
tourism, specifically through the legal aspects of
telematics, represents a unique and relatively
unexplored research domain. Consequently, this
article stands out for its capacity to address these
matters innovatively and make a meaningful
contribution to the ongoing dialogue on plastic
waste management.
The methodology employed in this research,
aligned with its focal point, is normative legal
research. The approach method used in reviewing
this problem is "the method of statute approach,
namely research conducted by examining all laws
and regulations related to the legal issues being
handled, [23]. Also uses a theoretical approach,
namely "research conducted by examining theories
related to the legal issues studied", [24], and uses a
conceptual approach which in its analytical study
focuses on legal concepts, [25].
2 Discussion
2.1 Discourse on Plastic Waste
Management within the Concept of
Sustainable Tourism
Plastic, considered essential for daily activities, leads
to significant environmental problems due to its
widespread use and waste accumulation, [26].
Talking about plastic waste as if it will never end if
it is pulled back to the past, "in 1959, Sten Gustaf
Thulin created plastic bags intending to help the
environment and preserve natural resources because
the properties of plastic are pretty strong and can be
used repeatedly, [27]. But now, its non-degradable
nature, compounded by the increasing use of plastic
as packaging, has become a problem for the
environment, [28].
Regarding available data, globally, "about 500
billion to one trillion plastic bags are used
worldwide. It is estimated that each person
consumes 170 plastic bags every year, and more
than 17 billion plastic bags are distributed free of
charge by supermarkets around the world every year,
[29]. Scope of Indonesia, "the assumption of the
Ministry of Environment (KLH), every day, the
Indonesian population produces 0.8 kg of waste per
person or a total of 189 thousand tons/day. Of this
amount, 15% is in the form of plastic waste, or a
total of 28.4 thousand tons of plastic waste/day, [30].
Plastic has transformed from something with a
positive value to something seen as unfavourable.
"Plastic waste is currently a public problem. If it
cannot be adequately handled with a comprehensive
method, it can cause various problems in the form of
environmental damage, such as land, water, and air
pollution, [31].
Seeing the reality of factual data confirmed by
the author's observations in the field, it appears that
handling plastic waste is not only the government's
responsibility on a national, regional, and local scale
but also requires community involvement. This is as
emphasized by Rumana Hossain and her team, that
“The future of plastic waste management not only
relies on the effectiveness of local government and
recyclers, but also community involvement, and
initiatives on a national, regional, and global level”,
[32].
A shift in approach and a paradigm shift is
needed, which in turn requires the intervention of
various elements of society. This has also been
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embodied in Article 70 of Law Number 32 of 2009
concerning Environmental Protection and
Management, which emphasizes that "the
community has the same and most comprehensive
possible rights and opportunities to play an active
role in environmental protection and management."
A good and healthy environment is the most
fundamental human right, [33], in the national
context, this is as mandated in Article 28H of the
1945 Constitution of the Republic of Indonesia. If
examined from the perspective of national economic
development, the constitution mandates its
implementation based on the principles of
sustainable development and with an environmental
perspective.
Various concepts and methods have then been
formulated to be later realized, such as in the scope
of the legal field, namely the concept of law
enforcement and the imposition of sanctions. Maria
Ibella Vianka states that
"Environmental law enforcement is carried out
through three legal instruments, namely
administrative sanctions, civil sanctions, and
criminal sanctions. Unfortunately, the applied
sanctions are not stringent, leading to a lack of
compliance from both the public and businesses with
the established legal regulations", [34].
The local community's legal culture approach has
also been echoed, [35], while "handling plastic waste
that has been widely applied is the 3R concept
(Reuse, Reduce and Recycle), [36]. Moreover,
another alternative that has been widely researched
is the recycling of plastic waste into fuel oil and gas,
[37]. Therefore, the exciting thing in this research is
the novelty of the research, where the handling and
management of plastic waste are emphasized in the
concept of sustainable tourism, which is
strengthened by telematics legal intervention in its
implementation.
The concept of 3R (Reuse, Reduce, and Recycle)
has been implemented in many places in Indonesia,
[38], and the conversion of plastic waste into fuel
has also been carried out. However, the current
reality is that plastic waste is still rampant and a
never-ending problem. On that ground, breakthrough
and out-of-the-box thinking is essential. In the
author's mind, it is necessary to look at the tourism
sector which is combined with digitization within
the legal framework of telematics in handling and
managing plastic waste, especially in Gorontalo
Province and Indonesia.
This thinking is based on the fact that the
tourism sector is one of the most significant
contributors to foreign exchange in Indonesia, as
evidenced by the amount of foreign exchange in the
tourism sector "In 2016 it was 11.206 billion US
dollars, 2017 increased to 13.139 billion US dollars
and 2018 was 16,426 billion US dollars, [39].
Tourism is "Indonesia's mainstay sector in terms of
foreign exchange earnings. Even during this Covid-
19 pandemic, the most significant contribution to the
country is tourism, which reaches 43 billion US
dollars, [40].
The tourism sector's extraordinary contribution
emphasizes the need to optimize plastic waste
handling and formulate solutions. Such approaches
are to remove the stigma of Gorontalo as one of the
poorest provinces in Indonesia because, through the
tourism sector with a sustainable tourism-based
approach, the community will be affected. From the
economic aspect, if the community's welfare
increases due to an advanced and well-managed
tourism sector reflected in a clean and waste-free
environment, especially plastic waste, people will be
aware of environmental sustainability as they can
benefit much from economic boost. Environment,
and then this concern will be transformed into a
culture. The culture that compels all tourism
development stakeholders to take on responsibilities,
resulting in the achievement of a sustainable
environment, also influences sustainable tourism
[41].
Therefore, the most crucial point in this thought
is to "realize the concept of sustainable tourism in
the community, not only focusing on the
development of the tourism sector alone, [42]. The
most basic idea of a sustainable tourism-based
approach is to "include consideration of current and
future impacts in tourism development which has
implications for the preservation of natural resources
and biodiversity, social culture of the community as
well as socio-economic benefits, [43].
2.2 Incorporating Sustainable Tourism and
Telematics Law Concepts into Plastic Waste
Management
Realizing thoughts about handling plastic waste
based on sustainable tourism is not as easy as
turning the palm. However, this concept is also not
impossible to realize a sustainable environment,
especially free from plastic waste. This is where
legal intervention is needed.
It has become a legal goal to "engineer the
community to protect the interests of the
community, in this case, social welfare, [44]. If the
law succeeds in playing its role, a sustainable
environment can be realized, tourism is advanced,
and the community will prosper. That is the main
goal that correlates with the theory of utilitarianism,
namely "the greatest happiness of the greatest
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number, which is interpreted as a guarantee of
individual happiness that must be given by the state
to its citizens and eliminates suffering for the
community through legal instruments, [45].
Breakthroughs have been made in the handling
and management of plastic waste through the field of
legal science. Some examples include the concept of
law enforcement and the imposition of sanctions at
the level of legal substance and legal structure, as
well as approaches to the legal culture of local
communities within the scope of legal culture. These
breakthroughs have targeted the three legal
subsystems proposed by Lawrence M. Friedman:
"the legal substance subsystem, legal structure
subsystem, and legal culture subsystem, [46].
Furthermore, the subsystem has been implemented
so that this legal component can run well and be
more optimal, especially regarding the handling and
management of plastic waste based on sustainable
tourism, within the legal framework of telematics. It
is necessary to add an approach from cybernetics
theory which emphasizes the "presence of a legal
information system." to reduce the gap between the
rule of law and social behaviour, [47].
Once there are so many legal regulations, not to
mention the addition of legal policies, the law will
undoubtedly be ineffective without a legal
information system. Specifically for the
environmental field, in the author's search, there are
approximately thirty (30) existing national legal
regulations that talk about the environment, and even
that have not been counted at the regional and local
levels. Even though there is a principle that assumes
that everyone knows the law (presumptio iures de
iure), as well as the adage ignorantia jurist non
excusat, which means ignorance of the law cannot
be forgiven, building communication and
conveying legal information to the public is still
essential, [48]. Such a notion is because awareness
The law is built within the community and
implemented in the life of the nation and state if the
legal provisions have been appropriately
communicated. "There will be no legal provisions
that can apply effectively during the hustle and
bustle of people's lives if the legal information is
never properly communicated to the public, [49].
In the current digital transformation era, there
are many ways to handle plastic waste based on
sustainable tourism within the legal framework of
telematics which state policymakers can then apply
in this case, especially the Gorontalo Provincial
Government and Gorontalo City Government,
namely:
1. Legal Convergence
Understanding that the legal subsystem is no longer
limited to legal substance, structure, and culture.
There is also a fourth subsystem, namely legal
information. Thereby, an individual understands that
in handling plastic waste based on sustainable
tourism in the jurisdiction of Gorontalo Province and
the jurisdiction of Gorontalo City, conceptually and
theoretically, it is necessary to convergence
(convergence) of technological, economic, and legal
variables on human relations and society in the
digital information age, [50]. It is time for Gorontalo
Province and Gorontalo City to have regional
regulations related to handling plastic waste in
general since the national data. The study, [14],
reported no related regulations until this writing was
done at the end of 2022, even though the urgency of
handling plastic waste is something that cannot be
ignored in this era. Industrial Revolution as it is
today. Then policymakers must remember that this
regional regulation should go beyond
accommodating the handling or reduction or
management of plastic waste. They must look at the
point of view of legal convergence theory on the
impact of these regulated policies on people's lives
through the incorporation of technological aspects,
economic, and legal aspects. Such is to spread the
handling of plastic waste at the normative and legal
level of community obligations. Because the
community has legal awareness that nature through
the tourism sector based on sustainable tourism can
provide a concrete economic stimulus for the
welfare of the community and the region. In
accordence with this, consider the perspective of
development law theory, the context of
environmental and natural resource law formation in
the post-reform era is consistently directed towards
community capacity (legal culture), social well-
being, and the environment, [51]. Therefore,
essential to look at the plastic waste problem in the
Gorontalo area from a broader perspective. It is no
less important to optimize all legal resources. There
are legal substance, legal structure, legal culture, and
legal information systems, [52].
2. Legal Harmonization
Legal regulations in the national scope must strive to
have regulatory synergy with regional and local laws
to create harmony, [53], which Plato describes as
"the need for something excellent and rational to
overcome conflicting signals and irregularities, [54].
Apart from existing legal regulations, it is also
necessary to harmonize with various tourism
programs based on sustainable tourism. The
alignment of this legislation aligns with the
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integrative theory, which highlights the convergence
of normative systems, behaviors, and values, [55].
Therefore, there is a need for a careful and strategic
sustainable tourism policy, which at the culmination
point is "to create a tourism condition with high
value, but low impact on environmental degradation
while preserving local culture and improving the
economy and people's welfare, [56]. With the output
of legal harmonization, the community is expected
to realize that "environmental assets contribute to
economic wellbeing, [57].
3. Utilization of Telematics Law
The telematics legal perspective optimizes the
current development of science and technology to
the fullest. Through the current technology,
information, and communication media that are
developing through social media networks, legal
products, along with policy directions and strategies
for implementing sustainable tourism-based plastic
waste management programs, can be disseminated to
the broader community, especially people in the
Gorontalo area and tourists visiting the area. The
utilization of social media, which has such a broad
scope, [58], can indoctrinate local people to care
about their environment as a snowball effect of the
economic stimulus obtained from the advancement
of regional tourism. On the other hand, social media
can broaden the perspective of tourists. They must
have a minimal negative impact on the environment
and the people they visit, even if it has a positive
impact. Interacting in the digital world, i.e., social
networks can educate at the preventive level. Still,
this approach is a double-edged sword that can
provide supervision and social sanctions for people
who violate the order of values and norms of social
life at a repressive level, [59].
Another consideration of the sustainable
tourism approach within the legal framework of
telematics in the handling of plastic waste is the
limitation of regional boundaries. The current reality
is that regional government policies are broadly
based on a national scale. Therefore, a breakthrough
is needed so that this plastic waste management
policy can result in a joint commitment and regions
can synergize to overcome plastic waste.
One factor enabling the realization of synergy
between these regions is the existence of a
mutualism symbiosis. Such an approach focuses on
the sustainable tourism sector because good tourism
development leads to a positive domino effect.
Suppose this tourism development is based on
sustainable tourism. In that case, the outcome has a
snowball effect, which promotes tourism and has
implications for regional welfare. Such an approach
ensures prosperity and needs fulfilment as a result of
the presence of a good and waste-free environment,
especially free from plastic waste. Empathy for the
environment will be more massive and respect for
the environment. The environment will grow with
every human being, so handling waste, especially
plastic waste, will be carried out correctly. The long-
term effect will shift from anthropocentric, where
"humans are the centre of the universe, and only
humans have the right to utilize and use nature for
their interests and needs, [60]. Shifting to
biocentrism, namely "all living things are valuable in
themselves so that they deserve moral consideration
and care, [61], and finally transformed to
ecocentrism, which focuses "environmental ethics
on the entire ecological community where humans
and nature are inseparable entities, [62].
3 Conclusions
The concept of sustainable tourism has a long-term
impact because it is crucial to the tourism sector and
socio-economic, cultural, and environmental
sustainability. For this concept to be realized within
the legal framework of telematics, it is necessary to
converge the technological, economic, and legal
variables on human and community relations, no
longer playing in the realm of legal substance, legal
structure, and legal culture. The tactical step
previously discussed is a harmonization of law so
that people are expected to realize that
environmental assets contribute to economic well-
being and the utilization of social media. Such an
approach aims to indoctrinate local communities to
care about their environment, culminating in a
snowball effect from the economic stimulus
obtained from the advancement of regional tourism.
Acknowledgement:
We would like to thank the Ministry of Education
and Higher Education through the Directorate
General of Higher Education Ministry of Education
and Culture Republic of Indonesia (DRTPM) for
supporting funds through research in 2022.
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Contribution of Individual Authors to the
Creation of a Scientific Article (Ghostwriting
Policy)
The authors are equally contributed in the present
research paper, at all stages from the formulation of
the problem to the final findings and solution.
Sources of Funding for Research Presented in a
Scientific Article or Scientific Article Itself
This study received financial support from the
Ministry of Education and Higher Education,
Republic of Indonesia, specifically through the
Directorate General of Higher Education, for
research funding in 2022.
Conflict of Interest
This paper has no conflict of interest to declare.
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