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Strengthening Reclamation Obligation through Mining Law Reform: Indonesian Experience

Author

Listed:
  • Nurul Listiyani

    (Faculty of Law, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari, Jl. Adhyaksa No. 2, Banjarmasin 70123, Indonesia)

  • M. Yasir Said

    (Justicia Belen Law Office, Jl. Brigjen Hasan Basry, Banjarmasin 70123, Indonesia)

  • Afif Khalid

    (Faculty of Law, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari, Jl. Adhyaksa No. 2, Banjarmasin 70123, Indonesia)

Abstract

Reclamation can produce more value for the environment and create a far better situation than post-mining conditions. While the reclamation obligation policy is a great way to introduce a restorative approach to the environment, the main problem is the disobedience of the mining companies in their reclamation obligation. Therefore, we focused on conceptualizing the strengthening of the reclamation obligation policy in the Mining Act based on the understanding of preventing environmental and social damage. This research is conducted in doctrinal legal studies to create a prescriptive result. Despite the 2020 Mining Act Revision, Indonesia is still facing the previous legal issue due to blind spots in the regulatory framework. Ranging from the continuous conflicts between the mining company and the local community to the problem of non-compliance with the reclamation policy, which has resulted in excavation holes that were left untreated and abandoned, which has created casualties over the years. We offer two major reforms in formulation to strengthen the reclamation obligation. First, is the need to reinforce the essence of “obligation” for IUP and IUPK holders to perform reclamation and post-mining with supervision, as in the Environmental Act. With this formulation, the placement of the reclamation fund by the company does not eliminate the company’s obligation to carry out reclamation and post-mining activities. Second, for the company to comply with placing reclamation and post-mining funds, it is crucial to implement a mandatory condition, whereby the placing of a reclamation guarantees fund is a requirement for approval of the mining plans and budgets (the RKAB), and Clean and Clear (CnC) Certification. Therefore, the reform will cause a shift and strengthen the values of obligation in post-mining reclamations.

Suggested Citation

  • Nurul Listiyani & M. Yasir Said & Afif Khalid, 2023. "Strengthening Reclamation Obligation through Mining Law Reform: Indonesian Experience," Resources, MDPI, vol. 12(5), pages 1-14, April.
    • Handle: RePEc:gam:jresou:v:12:y:2023:i:5:p:56-:d:1135586
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    References listed on IDEAS

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    1. Thomas P. Power, 2018. "Jokowi’s Authoritarian Turn and Indonesia’s Democratic Decline," Bulletin of Indonesian Economic Studies, Taylor & Francis Journals, vol. 54(3), pages 307-338, September.
    2. Kosim Gandataruna & Kirsty Haymon, 2011. "A dream denied? Mining legislation and the Constitution in Indonesia," Bulletin of Indonesian Economic Studies, Taylor & Francis Journals, vol. 47(2), pages 221-231.
    3. Ifrani & Fathul Achmadi Abby & Abdul Halim Barkatullah & Yati Nurhayati & M. Yasir Said, 2019. "Forest Management Based on Local Culture of Dayak Kotabaru in the Perspective of Customary Law for a Sustainable Future and Prosperity of the Local Community," Resources, MDPI, vol. 8(2), pages 1-17, April.
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    Cited by:

    1. Ami A. Meutia & Dianto Bachriadi & Nurfitri Abdul Gafur, 2023. "Environment Degradation, Health Threats, and Legality at the Artisanal Small-Scale Gold Mining Sites in Indonesia," IJERPH, MDPI, vol. 20(18), pages 1-26, September.
    2. Chrysoula Pagouni & Francis Pavloudakis & Ioannis Kapageridis & Athena Yiannakou, 2024. "Transitional and Post-Mining Land Uses: A Global Review of Regulatory Frameworks, Decision-Making Criteria, and Methods," Land, MDPI, vol. 13(7), pages 1-27, July.

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