Mining Reclamation Activities in the Perspective of Mining Law in Indonesia

Abstract

The passing of Law No. 3 of 2020 concerning Minerals and Coal (Minerba), has given a new color to mineral and coal mining in Indonesia. With regard to reclamation problems, especially those that occur in areas that do not proceed as regulated, companies only want to take advantage without having to think about their responsibilities for reclamation, especially in the “under” mine. When seen, there is a lot of underneath from the day it grows. It is hoped that the regulations that are passed regarding Minerba can be fully implemented so that mining actors are deterred and responsible for carrying out reclamation. Of course, this is not free from cooperation between parties and there is no practice of bribery so that the law cannot be bought by money. Although basically everyone needs money to meet their needs and their families. When compared with the old and new Minerba Law, the old Law can use a third party to reclaim the guarantee fund. Thus the reclamation can still run. However, the new Minerba Law added with criminal penalties for companies or mining actors who do not want to reclaim, did not bring. For this reason, reclamation activities should be carried out and at the same time monitoring that is consistently enforced in the activity concerned. Supervision is needed as part of law enforcement, which includes the reclamation process and when untruth is found in reclamation activities, and immediate action should be taken to correct it in accordance with the prevailing laws and regulations.

Keywords: Reclamation, Law Enforcement, Mining Law

DOI: 10.7176/JLPG/106-07

Publication date: February 28^th 2021