PATAKA Faculty of Law, University of Airlangga (Pataka FH UNAIR) held a webinar entitled “Effectiveness of Legal Policy on Mine Pit Reclamation” on Thursday (17/11/2022). UNAIR Environmental Law Expert Franky Butar Butar, S.H., M.Dev.Prac., LL.M, was invited to be a speaker to discuss regulatory and law enforcement aspects of reclamation and post-mining in Indonesia.
According to the Minerba Law, reclamation is an activity carried out throughout the stages of the mining business to organize, restore and improve the quality of the environment and ecosystem so that they can function again according to their designation. While related to the definition of post-mining, it is a planned, systematic, and continuing activity after part or all of the mining business activities to restore the functions of the natural environment and social roles according to local conditions throughout the mining area.
“The name of a mine must destroy the environment, so it must be ensured that the owner of the mining permit carries out reclamation and post-mining activities after they are active. One example is closing mine pits or restoring river ecosystems,” said the Director of Human Rights Law Studies UNAIR.
Franky then questioned the effectiveness of enforcing reclamation and post-mining laws, namely the compatibility between regulations and law enforcement. He said that the Indonesian mining sector was plagued by regulatory issues, licensing, supervision, and judicial processes. All of that produces landscapes that often violate the human rights of local communities.
“In 2020 alone, 3,092 mining pits in Indonesia were not reclaimed even though the law required this. Even though corporations are required to provide post-mining funds for this, business actors must have understood that leaving the hole would be dangerous for the community. However, there is no supervision for it, even though there is a mine inspector supervisor,” said the James Cook University alumnus.
One thing that should be considered when discussing mining is its close relationship with practical politics in Indonesia. Franky said mining players in Indonesia more or less have influence, or participate in politics. He added that this would impact the quality of mining law enforcement.
“There are lots of compromises between politicians and big investors from the mining sector. They always agree and play the field and legislative sector to their advantage. We see political polarization where political actors are fighting each other. That’s what is visible. In terms of finances, they work together to destroy the environment,” concluded Franky.
