Penegakan hukum dan pengawasan terhadap kewajiban korporasi reklamasi pasca tambang

Abstract

Abstract: This study aims to analyze law enforcement and supervision of corporate post-mining reclamation obligations as well as to find an effective model of law enforcement and supervision of corporations in post-mining reclamation implementation. The research method used is normative juridical research. The results of the study show that law enforcement for corporations that do not carry out post-mining reclamation starting from Administrative Law, Civil Law and Criminal Law as a form of legal consequences for not carrying out an obligation is a repressive effort on a problem, because sanctions are one of the legal consequences that coercive when an obligation that has been mandated by a regulation is not carried out. In relation to the implementation of post-mining land reclamation activities as part of the process of utilizing natural resources, the sanction that can be applied is the obligation to pay fines to community mining business actors if the post-mining land reclamation activities are not carried out as planned. Giving the obligation to pay fines to these business actors does not eliminate the obligation of smallholder mining businesses and local governments to restore post-mining environmental damage by providing the lack of funds needed by third parties. This aims to provide a deterrent effect to other smallholder mining business actors so that post-mining environmental damage does not occur again. An effective monitoring model for corporations in the implementation of post mining reclamation which is the offer of this research, there are two efforts that can be carried out. First, the need to establish an integrated environmental licensing system like in the Netherlands to facilitate the implementation of coordination, as well as optimal supervision, so that cooperative actions mutually support each other to achieve harmony in the end will result in good cooperation between all parties, according to the principle of coordination. An integrated environmental licensing system is expected to increase efficiency in terms of time and cost. Second, the need for community involvement, especially around the mine which is directly affected by the mining business or through Non-Governmental Organizations (NGOs), universities/research institutions and the community also have complementary roles to each other, to establish partnerships to play a role in carrying out social supervision, in the form of providing advice, suggestions and concern for the environment.