Law Enforcement of Reclamation and Post Coal Mining Policy in East Kalimantan Province, Indonesia

Study of Evaluation and Strengthening of Environmental Law

Abstract

East Kalimantan has a large coal reserve and is the center of the mining industry which contributes greatly to Indonesia's economy. However, the impact of the coal mining industry to the environment is extremely worrying. This is because the company's compliance in carrying out reclamation and post-mining obligations is very lacking. This study aims to evaluate as well as strengthen the law enforcement of reclamation and post-coal mining policies in East Kalimantan. The research method used is sociolegal, by making observations around the mining area in East Kalimantan and supported by secondary data which is analyzed using the interpretation method. The results of this study indicate the factors that affect the weakness of law enforcement in implementing reclamation and post-mining policies, namely: (a) non-compliance by mining companies; (b) multiple interpretations and non-operational reclamation and post-mining regulations; (c) weak supervision of mining activities; and (d) low public awareness. Therefore, it is necessary to strengthen the law enforcement for reclamation and post-coal mining in East Kalimantan, which can be done through: 1) legal substance; 2) legal structure; 3) community's legal culture; 4) improvement of facilities and infrastructure; and 5) the utilization of technology.