Environmental Improvement Policy through the obligation of post-tin mining reclamation in the islands of Bangka Belitung

Haryadi, Dwi; Ibrahim, Ibrahim; Darwance,

doi:10.1088/1755-1315/1175/1/012021

Cited by 4 publications

(4 citation statements)

References 5 publications

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“…The Forum for the Environment (Walhi) noted that during 2004-2013, there were 81,000 illegal mining units spread across Bangka Belitung. 21 Although there is no data update until 2023, it is certain that the number of illegal miners has not decreased from the period before 2013 judging from the increase in the average annual amount of environmental damage due to illegal mining.…”

Section: B Discussion 1 Political Design Of the People's Mining Law I...mentioning

confidence: 99%

Environmental and Social Injustice: Impact and Sustainability of Small Scale Tin Mining Under Indonesia’s New Mineral and Coal Regulation

Prapti Rahayu,

Faisal,

Darwance

et al. 2023

cepalo

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The transformation of mining law policy in Law No. 3 of 2020 concerning Minerals and Coal has broad implications for mining law, including illegal tin mining. The high dependence of the tin extractive economy in Bangka Belitung has changed the landscape of this archipelago province as an area with a high level of natural damage and social disasters. The ability of governments through regulatory instruments to tackle illegal mining is an important ideal goal. This research was conducted using socio-legal methods, to produce a comprehensive analysis related to the environmental and social impacts of illegal tin mining after the renewal of the mineral and coal law. This study found that the transition of mining authority from the central government to the regional government directly has an impact on the proliferation of illegal mining activities. Substantive changes in the mineral and coal law have not provided a strategic solution because the tug-of-war over authority ends with the continued delegation of authority to grant community mining permits to local governments. Meanwhile, the unpreparedness of local governments has resulted in the continued marginalization of mining communities and has an impact on widespread environmental damage. The lack of fair decision-making processes for people mining licences is indicative of an immature tin mining management in Bangka Belitung. The purpose of this study is to provide a comprehensive overview of the implications of the latest mineral and coal policies on illegal tin mining activities, as a reference and consideration in strategic policy making to create an ideal and sustainable tin mining ecosystem.

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Section: B Discussion 1 Political Design Of the People's Mining Law I...mentioning

confidence: 99%

Environmental and Social Injustice: Impact and Sustainability of Small Scale Tin Mining Under Indonesia’s New Mineral and Coal Regulation

Prapti Rahayu,

Faisal,

Darwance

et al. 2023

cepalo

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“…Mining occurred on a massive scale because tin was no longer considered a strategic commodity, signifying policy changes that allowed anyone to engage in tin mining. [7] These policy changes were met by the local population in the Bangka Belitung Islands by engaging in massive on-land tin mining activities. Initially, these activities took place in the locations designated for tin mining by PT.…”

Section: Introductionmentioning

confidence: 99%

“…7 landasan hukum yang mengatur tentang prinsip-prinsip GCG telah diundangkan berdasarkan What is equally important, in addition to Regulation No. 01 of 2011, is the application of GCG principles to companies that are not purely State-Owned Enterprises (BUMN) but have ownership or shares held by the government, subsidiaries of State-Owned Enterprises, State-Owned Enterprises whose shares are owned by the public, or other related parties, including State-Owned Enterprises' subsidiaries.…”

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confidence: 99%

Legal Analysis of State Losses Due to Unlawful Resumption of Tin Ore Production by PT Timah Tbk

Astaman

2024

Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpi

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PT. Timah Tbk as a national tin mining company which is part of BUMN is the holder of an IUP (Mining Business License). Production operations spread across the Bangka Belitung Islands and Kundur. These IUPs are spread across land and sea areas. To obtain maximum profits, PT. Timah Tbk is required to increase tin ore production which will later become a source of profits as a contributor to dividends or profit sharing to the State. The focus of the problem that will be analyzed is what the legal treatment would be if, in running its business, PT. Timah Tbk, which is currently located as a Subsidiary of a BUMN whose parent company is Mining Industry Indonesia (MIND ID) carries out a program called Increasing Recovery of Tin Ore Production which is not based on the principle of prudence and good faith, a series of criminal incidents occurred which indicated that Good Corporate Governance was not implemented, whether there were unlawful acts that caused losses to the PT. Timah Tbk Company were categorized as state financial losses. Method This research uses a normative juridical method with a case study approach.

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“…The regulation stipulates legal consequences for companies or mining permit holders who neglect or fail to carry out reclamation. As a result, administrative and criminal law approaches are now employed 1267 (2023) 012016 IOP Publishing doi:10.1088/1755-1315/1267/1/012016 2 concurrently to enforce implementation of post-mining reclamation [8].…”

Section: Introductionmentioning

confidence: 99%

Achieving ecocentric environmental ethics through progressive law enforcement against illegal tin mining in Belitung Island

Haryadi,

Ibrahim,

Darwance

2023

IOP Conf. Ser.: Earth Environ. Sci.

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Historical records indicate that tin mining exploitation on Belitung Island commenced three centuries ago and has continued to the present day. Consequently, the mined areas are undoubtedly extensive, as are the resulting environmental impacts. Ideally, mining permit holders should adhere to environmentally friendly mining practices, including fulfilling reclamation obligations. However, the proliferation of illegal mining practices has become a pressing issue. Illegal mining operations tend to relocate frequently, causing environmental damage without undertaking reclamation efforts. These illegal mining activities, driven by economic interests, clearly reflect an anthropocentric perspective that disregards environmental considerations. Therefore, strategic measures are necessary to realize ecocentric-based mining, where the interests of all natural entities reach an equilibrium point. Progressive law enforcement aligns with the ethics of ecocentrism. This qualitative study aims to identify and formulate progressive law enforcement measures to achieve environmentally friendly tin mining on Belitung Island.

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Environmental Improvement Policy through the obligation of post-tin mining reclamation in the islands of Bangka Belitung

Cited by 4 publications

References 5 publications

Environmental and Social Injustice: Impact and Sustainability of Small Scale Tin Mining Under Indonesia’s New Mineral and Coal Regulation

Environmental and Social Injustice: Impact and Sustainability of Small Scale Tin Mining Under Indonesia’s New Mineral and Coal Regulation

Legal Analysis of State Losses Due to Unlawful Resumption of Tin Ore Production by PT Timah Tbk

Achieving ecocentric environmental ethics through progressive law enforcement against illegal tin mining in Belitung Island

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