Legal Construction of Post-Mining Reclamation in Indonesia

DOI

10.2991/absr.k.210408.028How to use a DOI?

Keywords

Mining, Legal Construction, Void, Coal Pit, Post-mining Reclamation

Abstract

The coal minings in Indonesia are recorded that there were 9.721 Mining Business Permits. The majority is mining with an open-pit mining system. It brings consequences to the emergence of mining pits in many places. These coal pits (void) become an issue for the people who live in the mining area. In East Kalimantan, since the 2010-2018 year, 28 people drowned in coal pits that were not reclaimed; most are children. The location of the coal pits spread across four districts and cities in East Kalimantan. Therefore the existence of the coal pits, which are not reclaimed, becoming a threat to the community. Based on those facts, then what becomes the legal questions in this study first: how is the construction for post-mining reclamation in the laws of Indonesia. The second question is the legal flaw in post-mining regulations in national regulations and local regulations in East Kalimantan. The method in this study is Normative legal research or also known as doctrinal legal research. Based on the study result, legal construction in post-mining reclamation regulations shows that post-mining reclamation is an obligation of every mining business permit holder. It is stipulated in Law Number 4 the Year 2009 concerning mineral and coal mining, Government Regulations Number 78 the Year 2010 about Post-Mining Reclamation, and Minister of Energy and Mineral Resources, Regulations Number 7 the Year 2014 about Implementation of Reclamation and Post-Mining in Mineral and Coal Mining Business Activities. At the local level of East Kalimantan Province through Regional Regulations Number 8 the Year 2013 about Post-mining Reclamation. However, that regulation substance has several weaknesses that cause mining pits’ reclamation obligations are easily ignored. It sides to mining business importance more than society’s safety who live in a mining area.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Haris Retno Susmiyati
PY  - 2021
DA  - 2021/04/10
TI  - Legal Construction of Post-Mining Reclamation in Indonesia
BT  - Proceedings of the Joint Symposium on Tropical Studies (JSTS-19)
PB  - Atlantis Press
SP  - 166
EP  - 171
SN  - 2468-5747
UR  - https://doi.org/10.2991/absr.k.210408.028
DO  - 10.2991/absr.k.210408.028
ID  - Susmiyati2021
ER  -