Political Capture in the Exclusion of FABA and Slag from Hazardous Waste List Regulation in Indonesia

PURPOSE: This research analyses the political capture that exists in the Indonesian law-making process. It aims to show possible links between the involvement of businesses in the coal and mining sectors and politicians’ personal interests that may outweigh the goal of protecting human health and environment. DESIGN/METHODOLOGY/APPROACH: The analysis departs from a conceptual and normative approach on the law-making process in Indonesia, then juxtaposes it with facts and provisions around the enactment of hazardous waste regulation. FINDINGS: This paper concludes that business and political influence is undeniably infringing the protection of human rights and the environment through the exclusion of fly ash bottom ash (FABA) and slag from the hazardous waste list. Despite the potential harm that FABA and slag may cause to human health and the environment, the government remains confident that they are non-hazardous materials. The debate on the benefit and drawbacks of FABA utilisation put aside the fact regarding limited access to remedy and weak environmental law enforcement. RESEARCH LIMITATIONS/IMPLICATIONS: This paper aims to invite more discussion to criticise the policy and law-making processes in Indonesia in which the personal interest of politicians should not outweigh the protection of human health and the environment.