Last modified: 2018-09-28
Abstract
The coal mining of Indonesia recorded there were 9,721 licences. The majority is mining with open-pit mining method. This brings the consequences of the emergence of coal pit (voids) in many places. The existence of this coal pit become the issue for the people that live in the mining area for example In East Kalimantan since the 2010-2018 year there were 28 people who drowned in coal pits that is not the reclamation, the majority are children. The location of the coal pits spread across four districts and cities in East Kalimantan. Thus the existence of the coal pit that is not the reclamation became a threat to the community.
Based on those facts, then that becomes the legal questions in this study, first: how to post mine reclamation law Construction in the laws of Indonesia. The second question: how is the legal flaw in the regulation of reclaiming the post in the regulation of national and local regulations in East Kalimantan. Methods in this study are Normative legal research or also known as doctrinal legal research.
Legal Construction in the regulation of post-mining reclamation, based on the results of the study shows that the reclamation of post-mining is an obligation of every mining business license holder. As stipulated in Law No. 4 of 2009 concerning mineral and coal mining, Government Regulation No. 78 of 2010 concerning Post-Mining Reclamation, and Minister of Energy and Mineral Resources, Regulation No. 7 of 2014 concerning Implementation of Reclamation and Post-Mining in Mineral and Coal Mining Business Activities. As well as at the local level of the Province of East Kalimantan through Regional Regulation Number 8 of 2013 concerning Post-mining Reclamation.
However, the substance of the regulations has several weaknesses that cause reclamation obligations regarding coal pits to be easily ignored. in addition, regulations are more in favour of mining business interests than the safety of people living in mining areas.