Pengawasan Pemerintah Daerah terhadap Usaha Pertambangan Galian C di Kabupaten Ngada

Abstract

Mining of rock minerals in the sandstone and gravel type is a mining commodity owned by the people of Naru village which requires supervision by the local government. Unfortunately, there are still problems in monitoring mining activities of excavation C, which are not in accordance with mining principles. This study aims to determine the role of the local government in the supervision of mining excavation C as well as the factors that influence the existence of the C mining activities in Ngada Regency. This research uses an empirical legal method, which is a study examining problems according to facts that take place in the field. The results show that the Ngada Regency Government no longer has the authority to supervise the mining since it has been taken over by the Provincial Government, starting with the issuance of Law No. 23 of 2014 concerning the Regional Government. The factor hampering the mining supervision and licensing process is that it is difficult for miners and mining companies to apply for permits whereas business owners are obliged to obtain mining permits from the Provincial Government. Given the great distance, this has been one of the factors causing many illegal mining activities to occur in Ngad Regency.

Legal Policy of the Mineral and Coal Mining Law on the Criminalization Aspects of Mining Business Activities

“…Such regulations are far from the principles of good governance, as the local population in mining areas cannot do much when their environment is being damaged by mining activities. [3] Another issue relates to the regulations regarding the penalties for individuals attempting to disrupt mining activities that can lead to disastrous consequences for these individuals, as stated in Article 162 of the Mineral and Coal Mining Law. The article suggests that if local communities try to interfere with mining activities, they may be prosecuted, fined up to IDR 100 million, or even suffer from a catastrophe caused by the company.…”

“…As a rule of law, Indonesia adheres to a recognized legal system that refers to the civil law, which prioritizes legislation as a source of law. [3] This kind of system holds the hope that law itself is a tool for the well-being of society, protecting citizens from arbitrary behavior and can act to safeguard and accommodate the rights and obligations of its citizens for Considering the purpose of criminalization, which is to prevent criminal activities by upholding legal norms for the protection and well-being of the community (prevention) and to reintegrate the offender into society through guidance and rehabilitation, the presence of regulations related to minerals and coal through Law Number 3 of 2020 is a political product that cannot be separated from legal politics, which also relates to how criminal sanctions are implemented, especially in terms of preventing such crimes. [8] Criminalization policies involve defining actions that, initially, were not considered criminal and turning them into criminal offenses within a legal framework.…”

Criminal Accountability for Mining Entrepreneurs Who Fail to Implement Reclamation

“…However, the existing legal framework has not yet been effective in promoting environmental conservation and protection against the adverse effects of artisanal mining. [9] Both corporate and artisanal mining companies are legally required to undertake reclamation and post-mining activities. Reclamation involves the restoration, recovery, and improvement of the quality of the environment and ecosystems, as well as social functions, so they can return to their intended purpose.…”

Law Enforcement of Illegal Tin Mining in Teluk Kelabat, Bangka Belitung Islands

“…Meanwhile, environmental degradation and land degradation issues are intensifying. [6] Meanwhile, sanctions related to mining permits and environmental regulations have faced several challenges in their implementation thus far. The emerging dilemma lies in the fact that large-scale enforcement can potentially impact the local economy.…”