Implication of Artisanal Mining in Indonesia in the Mining Minoral Perspective

DOI

10.2991/iceml-18.2018.44How to use a DOI?

Keywords

implication, artisanal mining, mining law

Abstract

Mining is a business that always gives big enough profit for a country that has natural resource-rich nature. Indonesia is a country rich in natural resources, Indonesia guarantees in Article 33 Paragraph (3) Undang Undang Dasar Negara Republik Indonesia Tahun 1945 (UUD NRI Tahun 1945) that natural resources are controlled by the state and used for the greatest prosperity of the society. In line with that, Indonesia gives the society of Indonesia can conduct a mining of the society and the mechanism of the Artisanal Mining is regulated in Law No. 4 of 2009 on Mineral and Coal Mining (Mining Law) and other Laws and Regulations. In History Indonesia has known the mining of the society from the Dutch colonial period until now. Currently the Artisanal Mining that provide prosperity for the community around the mining area has some problems both vertically and horizontally. Vertical conflict is related to the Society with the Government of which one of the illegal mining of society who do illegally. Horizontal conflict between communities is dispute for land for mining. This happened West Kalimantan Province in Pontianak horizontal conflict and vertical conflict happened upon the Artisanal Mining. Both Central and Local Government have arranged to create synergy policies that regulate the mining stages of the society from socialization to the public to disseminate information on the Artisanal Mining, after which the Determination of Artisanal Mining Areas (AMA). Then to facilitate the control of the right to apply for mining permit is a company incorporated Cooperative. From the existing AMA, the Mining Service will issue an Artisanal Mining Permit (AMP) to a cooperative that meets the formal requirements. There is an institution which will manage and monitor artisanal mining in order appropriate regulation. For avoid vertical conflict among the miner, there is a rule which regulate mechanism of property of license of artisanal mining area and mechanism of disinterment in order avoid conflict with other property. Last, Banishment of waste will be handled by Smelter company and care about welfare to local society.

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  - M. Rochman
AU  - Faisal Santiago
PY  - 2018/09
DA  - 2018/09
TI  - Implication of Artisanal Mining in Indonesia in the Mining Minoral Perspective
BT  - Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
PB  - Atlantis Press
SP  - 201
EP  - 203
SN  - 2352-5428
UR  - https://doi.org/10.2991/iceml-18.2018.44
DO  - 10.2991/iceml-18.2018.44
ID  - Rochman2018/09
ER  -