Abstract
Bangka Belitung faces very serious environmental problems due to illegal tin mining that give negative impacts to the sustainability of ecosystem and human life. Bangka Belitung is the second largest producer of tin in the world and tin mining in Bangka Belitung has been exploited since long time ago (hundred years). Tin mining activity basically increase the wealth of the community but it decrease the environmental stability inshore & offshore. Taking a case study approach, this study was conducted by reviewing and analyzing various legal instrument and information related to tin mining, the environmental problem, & the community engagement. Beside that, this study addresses the following research questions : What is the background issues relating the case between tin mining and environmental degradation in Bangka Belitung? How do tin mining activity give influence to this environmental degradation? How far is the commitment of enforcing the environmental law in this case in line with the commitment of the society? The result showed there’s effort to provide the environmental law from exploration to post mining reclamation, as well as the the community engagement. but the implementation is not enough and need more commitment of enforcing the environmental law that give the major environmental degradation in Bangka Belitung Area. The implementation of the law itself need to be supervised by external party and the enforcement need to be increased as well as the coordination between stakeholders to support the Sustainable Development Goals in Indonesia especially in Bangka Belitung.
Highlights
One of the issues that need to be studied academically to find an academic answer is the issue of tin mining and environmental impacts as a result of mineral exploration in Bangka Belitung island
This study addresses the following research questions : What is the background issues relating the case between tin mining and environmental degradation in Bangka Belitung? How do tin mining activity give influence to this environmental degradation? How far is the commitment of enforcing the environmental law in this case in line with the commitment of the society? The result concluded that there’s effort to provide the environmental law from exploration to post mining reclamation, as well as the the community engagement
There is no explicit legal responsibility stated if the IUP/IUPR holder does not carry out their obligations after exploration which has a negative impact on environmental sustainability
Summary
One of the issues that need to be studied academically to find an academic answer is the issue of tin mining and environmental impacts as a result of mineral exploration in Bangka Belitung island. The more tin exported, resulted in the higher rate of environmental damage from the mining. There are many regulations governing post-mining obligations, for example Law No 4 of 2009 concerning Minerals and Coal or local legal products (PERDA) No 6 of 2001 concerning community mining in Bangka regency regulated in Chapter XIII regarding management of the mining and reclamation, explicitly it states that "IUP (mining business permit) holders, IUPR (mining business holder for society) and Contractors of The Mining Business must carry out environmental management and monitoring as well as reclamation of ex-mining land which is carried out in accordance with the approved EIA (Environmental Impact Assessment).". There are almost no IUP and IUPR holders who implement the provisions in Bangka Regency about PERDA Number 6 of 2001. Legal culture, legal substance, legal structure (Friedman, 1975)
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