The Law Enforcement Dilemma on Illegal Mining in South Kalimantan

DOI

10.2991/iceml-18.2018.21How to use a DOI?

Keywords

legal aspect, coal mining, reclamation

Abstract

The existence of the mining sector such as coal mining for example, as one of the nonrenewable resources is needed to support mining activities. The mining sector located along the Meratus mountains in the forests of Borneo on one hand has economic benefits, but on the other it can cause various environmental problems, including: bad environment for health, degradation of human resources quality, destruction of infrastructure such as the loss of tribal land rights, destruction of smallholder plantations, poverty, major causes of flooding/erosion and other unsustainable environmental problems. New coal mines in South Kalimantan are seen not to reflect the implementation of progressive environmental law and there is no legal awareness about the reclamation of coal mines. There has also been no monitoring from the government to ensure the implementation of post-coal mining reclamation. They only take advantage of the regional aspects of Law No. 4 of 2009 on Mineral and Coal without linking to Law based on Environmental Management, such as Law No. 32 Year of 2009, Law No. 26 Year of 2007 on Spatial Planning, Law No. 5 Year of 1990 on Conservation of Resources Natural Resources and Ecosystems and Law No. 41 of 1999 on Forestry. Law No. 44 of 2009 on Minerals and Coal is still felt not yet sided with the small people. The negative impact is felt in the environment and society. To that end, Law No. 4 Year 2009 should be understood substantively and progressively for the purpose of the prosperity of the community without damaging the environment. The legal function in the field of environmental conservation is as a social engineer. In this field, it is expected to create a behavior oriented towards the preservation of the environment, biological natural resources and its ecosystem for the benefit of present and future generations. Based on Law No. 44 of 2009 on Mineral and Coal Mining, it places reclamation as one of the obligations of mining license holders.

Copyright

© 2018, 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  - Endah Labati Silapurna
PY  - 2018/09
DA  - 2018/09
TI  - The Law Enforcement Dilemma on Illegal Mining in South Kalimantan
BT  - Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
PB  - Atlantis Press
SP  - 86
EP  - 89
SN  - 2352-5428
UR  - https://doi.org/10.2991/iceml-18.2018.21
DO  - 10.2991/iceml-18.2018.21
ID  - Silapurna2018/09
ER  -