Coordination and Supervision of Corruption Eradication Commission (KPK) in mineral and coal sector (known as Korsup Minerba KPK) throughout 2014-2018 has led to revocation and termination of 4,678 mining permits (“IUP”). As of today, there are 5,670 existing IUPs, in which 5.131 of them are deemed as Clean and Clear (CnC) (Ministry of Energy and Mineral Resources, December 2018).
The vast number of mining permits issued has caused some problems. One of them is the lack of compliance of the company in placing the reclamation and post-mining fund. Ministry of Mineral and Energy Resources’ (MoEMR) data shows that 40% of IUP holders do not put reclamation fund and 86% of IUP holders do not place post-mining fund (MoEMR, June 2018). Additionally, there is no synchronous data between reports and real cost calculation. Importantly, the implementation in the field is not as expected.
Weak supervision and law enforcement have been the issues in the implementation of reclamation and post-mining. Therefore, PWYP Indonesia held a Focus Group Discussion on Supervision and Law Enforcement in the Implementation of Reclamation and Post-Mining (24/1), to obtain some views from various stakeholders in optimizing the function of supervision and law enforcement.
Tiyas Nur Cahyani, Head of Coal Environmental Protection, Directorate General of Mineral and Coal, MoEMR, conveyed some efforts that have been made by the MEMR to strengthen the supervision and law enforcement in the implementation of reclamation and post-mining. For instance, the issuance of Ministerial Regulation no 26 year 2018, concerning the application of good mining principles followed by the Ministerial Decree no. 1827/2018 concerning good mining practices. Also, conducting an early warning mechanism for companies that are unable to carry the following duties in timely manner, such as submit the reclamation and post-mining plans; placing reclamation and post-mining fund; and provide reports on the implementation of reclamation and post-mining.
To optimize the performance of the mining inspector, despite of its limited quantity compared to the existing permits and the minimum of supervision budget, MoEMR continues to improve the competency of mining inspector and begins to develop a spatial based reclamation evaluation system.
Besides, the MoEMR is also collaborating with LAPAN-Indonesian National Institute of Aeronautics and Space, in utilizing remote sensing in the supervision of reclamation and post-mining. Indeed, the coordination with related institutions remains intense. For instance, the parliament, the Ministry of Internal Affairs, the Audit Board of Republic of Indonesia and Inspectorate General of MoEMR. While regarding the enforcement of criminal law, it has been recognized that Civil Servant Investigators (PPNS) have not been working optimally and has become a concern of the MoEMR to improve.
Menawhile, Wahyu Widhi Heranata, Head of the Provincial Energy and Mineral Resources Office in East Kalimantan delivered several regional government’s effort regarding the reclamation and post-mining, including to increase the budget of mining inspector by using the regional budget (“APBD”), establish an integrated and sustained mining inspector work team, and develop an online monitoring system which connects to the sales, export, and state revenue system. To prevent the recurring tragedy of 32 children drown in the mining pit, his office have sent a letter to the mining companies in East Kalimantan to prevent fatalities in the mining pit.
Jamil, Mining Advocacy Network-JATAM’s activist, criticized the government for not enforcing the law for those who did not carry out the reclamation and post-mining accordingly. The cases of mining pit in East Kalimantan are the example of such poor law enforcement. Given the limited capacity in mining supervision, government should not issue large amounts of mining permits.
Rabin Ibnu Zainal, the Director of PINUS (Pilar Nusantara) revealed that the supervision of reclamation and post-mining could be more optimal if communities are being involved, as implemented in South Sumatra where the provincial energy and mineral resources office there collaborated with civil society in curbing problematic mining permits in 2014-2016. This collaboration results in a greater transparency of mining permit data, asynchronous mining permits data, as well as revocation and termination of 218 mining permits. The South Sumatra government also collaborated with the civil society in face lawsuit from 10 mining permits that are revoked and/or terminated.
To facilitate public monitoring, the South Sumatra government develops the data portal (http://minerba.desdm.sumselprov.go.id) which publish the data and information of mining permits operating in the province. The information cover the issuance decree, company name, company address, area, reclamation and post-mining funds, land rent, royalties, and production. This portal is also the collaboration between provincial energy and mineral resources office in South Sumatra with civil society, which is PINUS.
Civil society in South Sumatera today also initiate the establishment of communication forum among stakeholders (government, citizen, and company) and assistant cadres of the community around the mine. In addition, the civil society also trying to educate the community around mining about production, environment, labor, and Corporate Social Responsibility (CSR).
Adrianus Eryan, Researcher at the Indonesian Center for Environmental Law (ICEL) emphasized the existence of law enforcement efforts through environmental criminal and corporate crime. Although this is difficult and there are still few (and almost none) criminal cases raised, especially in the mining sector. However, efforts to build criminal cases in the mining sector must begin.