Environmental Management Strategy in Mining Activities in Forest Area Accordance with the Based Justice in Indonesia

By Handayani, I. Gusti Ayu Ketut Rachmi; Sulistiyono, Adi et al. | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

Environmental Management Strategy in Mining Activities in Forest Area Accordance with the Based Justice in Indonesia


Handayani, I. Gusti Ayu Ketut Rachmi, Sulistiyono, Adi, Leonard, Tommy, Gunardi, Ardi, Najicha, Fatma Ulfatun, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

The application of Law No. 41, 1999 caused uncertainty between forest and mining. Prior to the enactment of Law No. 41, 1999, there is no provision that explicitly prohibited mining activities in forest areas. However, since the enactment of Law No. 41, 1999, mining activities were prohibited in the protected areas and conservation areas, so that it caused the uncertainty legal toward mining activities in protected forest areas which on-going. In this case, the government set the government regulation to replace the UU No. 1 of 2004, which set into Law No. 19 of 2004; it essentially legalizes all mining permits in protected forest areas that have taken place before the enactment of Law No. 41 of 1999. However, today, there is overlapping between the use of forest land and the activities of mining and still unresolved and still occurred in some areas.

UU No. 4 Year 2009 on Mineral and Coal remains to legalize the dredging coal mines. This Act when it is read in the framework of law should not stand alone because it is still in the field of environmental law which very related to the Forestry Law and the Environment or provision for other legislation. The only problem for entrepreneurs and local governments in its implementation may be separated. Paying attention to what stated in Article 2 of Law No. 4 of 2009 part of the principles and objectives mentioned that the mining of minerals and coalmanaged based on:

* Benefits, fairness and balance;

* Supporting to the interests of the nation;

* Participation, transparency and accountability;

* Sustainable and friendly environment.

In fact, up to now, the application of the Law No. 4 of 2009 are still found that dredging coal did not meet the environmental interests, namely the destruction of forests and failed reclamation. Forestry Minister Siti Nurbaya warned the mining companies to pay attention to the environment not to be exploited; it will harm the environment in the future (Online Newspaper Repubilka, 2016).

The warning of Menhut (the Minister of Forestry) is reasonable due to the fact that a very severe environmental conditions while Menhut himself is powerless to avoid the danger of damage environment. This is because the Mining Law itself has given permission that suit what procedures are in it. Regulation has been generally supporting the dredging even in despair supporting the goal setting on benefits, fairness, balance and environmental interests of the nation. Still, mining itself felt strongly supports the destruction as occurs in other forest areas in Indonesia.

The Legal Policy in Mining Activities Permit in the Forest Region in Indonesia

Based on the mandate of Law No. 41, 1999 that one of the dimensions of the four main pillars holding the management of forest resources which is implemented through forestry planning, which is conducted in a transparent, accountable, participatory, integrated and considering the particularities and aspirations of the regions, so that to provide guidance and direction in the achievement of goals of implementation of forestry for the greatest prosperity of the people are equal and sustainable. The implementation of Forest Planning is done with four main activities namely:

* Forest inventory;

* Inauguration and of Forest Area Stewardship;

* Establishment of forest management areas; and

* The forestry planning and control of the use of forest areas.

In addition, Act No. 32 of 1999 requires the use of natural resources be harmonious and balanced with environmental functions. As a consequence, policies, plans and/or development programs must be dynamic with the obligation to conduct environmental preservation and realize the goal of sustainable development. The forest area is a specific area, which is appointed and confirmed by the government to be protected as permanent forest. The forest area needs to be established to ensure legal certainty regarding the status of the forest area, spacious layout and limit of particular area that has been designated as permanent forest. …

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