GOLD MINING MANAGEMENT IN MOUNT BOTAK, ENVIRONMENTAL LAW STUDY

GOLD MINING MANAGEMENT IN MOUNT BOTAK,

ENVIRONMENTAL LAW STUDY

 

BY LUCIA TAHAMATA

 

 

ABSTRACT

            Today, many ecosystem changes have occurred in various regions in Indonesia due to human activity. Humans play a crucial role in creating artificial ecosystems, enabling them to control, preserve, and restore their surrounding environment. One human activity that has altered the ecosystem is the illegal mining operations on Mount Botak, located in Central Maluku, Buru Island, Waeapo District.

            Gold mining on Mount Botak, Buru Island, by local residents and newcomers, still uses very simple methods. Miners dig holes, both vertically and horizontally, five to ten meters deep, to generate sufficient income for their work. This has enticed many residents to abandon their traditional occupations.

            The large income earned by gold miners on Mount Botak is also accompanied by a large impact that occurs due to gold mining, namely from an environmental perspective. The Mount Botak area is prone to landslides due to the excavation of holes for mining. Many trees are cut down / damaged for the needs of miners to build tents and make mining holes, areas that were originally forest ecosystems have turned into mining pits abandoned by miners without rehabilitation, this is very damaging to the environment. The damage to the forest ecosystem has an impact on the imbalance of the natural system which has an impact on rivers that were originally clean becoming dirty and polluted with mercury,

            One of the impacts that arise due to gold mining is a decrease in water quality, water that is usually used for human needs for drinking cannot be used because of water turbidity. There is an increase in the concentration of heavy metals such as mercury which is usually found in river bodies due to waste from processing. The miners also do not have the power / permit for mining, so the miners carry out activities that are not in accordance with applicable regulations. The impacts caused by gold mining activities are very inconsistent with Law No. 32 of 2009 concerning Environmental Management and Protection.

            Therefore, government attention, specifically the Buru Regency government, is urgently needed to exercise its authority in accordance with applicable regulations. Therefore, guidance and supervision must be carried out based on established guidelines and standards to ensure clarity and certainty for business actors operating in the mineral and coal sector.

 

Keywords: Management, Gold Mining, Environmental Law

 

MANAGEMENT OF GOLD MINING IN GUNUNG BOTAK. THE STUDY OF ENVIRONMENTAL LAW.

LUCIA TAHAMATA, .

ABSTRACT.

Nowadays in various areas in Indonesia there have been many ecosystem changes because of the activity of humans. The human role in creating imitation ecosystems where humans can control, preserve and restore the environment around. One of human activities that can change the ecosystem was happened in Central Maluku, Buru Island, Waeapo Subdistrict namely the management of illegal mining in Gunung Botak.

The gold mining that happened in Gunung Botak, Buru Island by the society around and the foreigners still used the simple and traditional way. The miner dig the hole in vertical or horizontal, 5 to 10 meters to get an enough income for the miner, so many people were tempted to make a mining activity and leave their old job.

The huge income that the miners get from the gold mining in Gunung Botak was followed by the huge impacts that happened because of the gold mining such as from the environmental side. The area of ​​Gunung Botak became disturbed by soil erosion because of hole digging for mining activity. Many trees had been cut down or distroyed for the miner's necessity to make a mine and mining hole, the formal area was the forest ecosystem changed into the mining hole that the miner left behind without making any rehabilitation, it was extremely damaged the environment. The damaged forest ecosystem affected the unbalanced natural system which caused the clean and clear rivers to become dirty and polluted by mercury.

One of the impacts that happened by the gold mining was the reduction of water quality. The water that is usually used for humans need to drink can not be used anymore because of the water was turbidity. The increase of hard and strong metal such as mercury essence that is usually found on the edges of rivers causes the waste as the result of gold mining. The miner also did not have any legal license or permission for mining, it makes the miner do an inappropriate activity according to the regulations. The impact of gold mining activity is not appropriate with Law Number 32 Year 2009 concerning The Management and Protection of the Environment.

Then the attention from the government was really important, in this case the attention from Buru Regency to make a competence according to the valid regulation. Therefore the implementation of establishment and supervision should be made according to orientation and basic standards derived from the clarity and certainty for the entrepreneur who works in the mineral and coal sector.

Keywords: Management, Gold Mining, Environment law

  

I. INTRODUCTION

A.    BACKGROUND

            Environmental damage becomes a problem when the sustainability of one component is disrupted by other activities, in this case human activity. Human-induced damage negatively impacts the environment, but it also impacts human survival.      

            Environmental issues are inherently serious, both for individuals and for society as a whole. However, environmental issues only received attention in the 1970s. The United Nations Conference on the Environment in Stockholm opened on June 5, 1972, which was later designated as World Environment Day. The Stockholm Conference adopted numerous environmental resolutions, which served as the basis for follow-up actions.

            As a country based on law, the development of an environmental management system in Indonesia must be given a clear and comprehensive legal basis, so that environmental management efforts receive legal certainty, namely Law No. 32 of 2009 concerning Environmental Protection and Management, which is an umbrella provision (umbrella provision) for the formation of a national environmental legal system [1].

            Natural resources in the form of mining are one of the mainstays of Indonesia after agriculture. Several national regulations in the form of laws, government regulations and ministerial decrees that regulate, among others, Law No. 4 of 2009 concerning Mineral and Coal Mining, Government Regulation No. 55 of 2010 concerning the Development and Supervision of the Implementation and Management of Mineral and Coal Mining Businesses, Government Regulation No. 24 of 2012 concerning amendments to Government Regulation No. 23 of 2010 concerning the Implementation of Mineral and Coal Mining Business Activities.

            In the 1970s, Indonesia's mining industry boomed to meet both domestic and international demand. Various commodities were mined, including oil and gas, coal, tin, gold, and silver, as well as minerals such as sand, river stone, and limestone. This was accompanied by the growth of the processing and manufacturing industries for finished goods. The impacts of the mining industry vary widely, depending on the type of commodity and its distribution. In addition to environmental impacts, mining activities can also have social, economic, and criminal consequences.[2]

            Maluku is located between the meeting of three main plates that form the earth's crust, namely the Eurasian plate (north), the Indo-Australian plate (south), and the Pacific plate (west), which is a potential area for the formation of various mineral reserves, geothermal, and hydrocarbon basins. Potential mining materials and energy that have the potential to be developed commercially, namely gold, copper, nickel, limestone, sulfur, petroleum, and geothermal energy, are found in various areas in Maluku Province. [3]

            Since the discovery of gold on Mount Botak in Dafa Village, Wamsaid Hamlet, Waeapo District, Buru Regency, Maluku Province in mid-2012, Mount Botak has become one of the mining areas visited by many miners from various regions in Indonesia. The lack of agreement and firmness regarding gold mining regulations on Mount Botak by the local government has made Mount Botak fertile ground for illegal miners. The high crime rate in the Mount Botak mining area has led to many requests for the Mount Botak mining area to be closed to gold panning activities. Currently, a regional policy is needed that is in accordance with national regulations regarding the management of Mount Botak gold mining, so that natural resources in the form of gold on Mount Botak can improve the welfare of the Buru community and the Maluku community in general.

            Viewed from the perspective of sustainable and sustainable development, we are faced with a crossroads (the resources we have must be exploited to improve the dignity and welfare of society, economic growth) but mining activities are destructive to the environment and pollute the place where humans live and breathe.

            The utilization of geological resources (gold mining) is proof that the land we own should be used for the welfare of the people, but environmental damage is inflicted on the community. The exploitation of gold resources produces tailings (mud and water), which pose a major management problem. The process of destroying rocks and soil releases hazardous chemicals into the water and soil, negatively impacting the environment.

Various interests in mining activities must also consider the interests of indigenous communities, who have had ownership rights to land managed as mining areas since independence. The state, through its government, has a legal obligation to respect the rights of indigenous communities.

            From the description that the author has described above, the problem to be studied is "To what extent is the management of gold mining in Mount Botak, environmental law study"

            The purpose of writing is: To find out to what extent the management of gold mining in Mount Botak, Dafa Village, Wamsaid Hamlet, Waeapo District, Buru Regency, Maluku Province, environmental law study.

 

II.                RESEARCH METHODS

            In legal research there are various approaches. With these approaches, researchers will obtain information from aspects regarding the issue they are trying to find an answer to (Peter Mahmud Marzuki, 2005; 93)

By paying attention to the problems and direction of the objectives and benefits of the research, the approach used in this research is the "Normative Juridical and Sociological Approach" for legal circles, and several legal materials related to the theme of the writing.

  

III. RESULTS AND DISCUSSION

III.1 Buru Island Gold Mine on Mount Botak

      Buru Island is one of island big in Maluku Islands. Buru Island is ranked third after Halmahera Island in North Maluku and Seram Island in Central Maluku. This island is famous as an exile island for political prisoners during the colonial era.government the new order Chairman Suharto.[4]  Buru Regency is geographically located at 2º25' – 3º55' South Latitude and 125º70' – 127º21' East Longitude. Buru Island is 9.599 km².², has a length of 140 km and a width of 90 km with the highest mountain peak Kan Palatmada 2.429 m. With three mountains separated by the structure of the valley straightness. In the western part of the Palatmada footprint with an altitude above 2000 m, which is bounded by the depression valley of the Nibe River-Lake Rana and Wala River. In the central block with an altitude above 1000 m formed by Kayeli Bay and Apu Valley, the southern block is formed by the Kalua Valley with Mount Batabual 1.731 m. [5]

The gold mine on Mount Botak, Buru Island, has become a new hope for the Buru people, in particular, to improve their welfare. Gold is a chemical element with atomic number 79 and atomic mass 196,967. It is a metal with a melting point of 1.063°C and a boiling point of 2.600°C. It is the most ductile and malleable metal, and is also a good conductor. [6] Gold mining methods depend on the geological conditions, shape, and location. Secondary gold deposits are mined simply by open-pit mining, using a panning system, or by spray mining involving many workers, without the use of perforators.alarge, technology-intensive and capital-intensive land. Mining primary gold deposits requires large capital and is technology intensive.[7]

Gold mining on Mount Botak, Buru Island, by local residents and newcomers, still uses very simple methods. Miners dig vertical or horizontal holes, 5 to 10 meters deep, to extract gold-bearing rocks. The mining process involves several stages, including the land or pit owner, the tunnel digger, and the person responsible for carrying or carrying the excavated material. This process can generate sufficient income for the miners, enticing many residents to pursue mining activities and abandoning their traditional occupations.

The substantial income miners receive from gold mining activities on Mount Botak is accompanied by significant impacts that can result from such mining. This paper examines the social impacts of gold mining on Mount Botak from several perspectives, including economic, health, security, environmental, and legal aspects.

From economic side, prices of goods soared beyond the prevailing price standards. A regional economic study of Maluku Province for the first quarter of 2012 identified four impacts resulting from the discovery of the gold mine in Buru, including: First, shift of labor from the agricultural sector to the mining sector. Resultsfrom gold mining which is lucrative and makes money in timerelatively short compared to farming, making many peopleleaving the rice fields and fields to go to the gold mining area.Secondly,, increasing wages for farm workers. The existence of gold mines makes standardsworkers' wages increased because workers compared more promising resultsIf working as a miner is more profitable than farming, this makes it difficult for farmers to find farm laborers with low wages.Third, Buru residents are threatened with a rice shortage becausedeclining production. Referring to the calculations, Bulog planspurchasing 4000 tons/year for distribution to the Maluku region. However, currentlyThe situation has reversed 180 degrees. Buru has become a rice-deficient area. To cover the shortfall, Bulog Maluku supplies rice for the poor from Ambon.to Buru. Since January 2011, as many as 1700 tons of Raskin fromwarehouse in Ambon has been sent to Buru Island. Even though in the yearsPreviously, Buru was a supplier of Raskin to Ambon which was distributed to the Maluku region.Fourth, there is competition between Bulog and the miners forget limited rice. Bulog Maluku buys rice from farmersat a price of Rp. 6.600,00/kg, while miners who have purchasing powerabove the average, namely Rp. 8.000,00/kg. According toBulog's records show that from a purchase target of 4000 tons in 2012, up toIn the first quarter of 2012, Bulog received 65 tons[8]

From health side One of them, the deadly virus HIV/AIDS, was identified on Buru Island, with four commercial sex workers (CSWs) testing positive for the virus. This situation has received serious attention from the Buru Regency government, which immediately launched various outreach campaigns to prevent the spread of the virus.[9] The government, together with the police, also conducted raids on hotels and inns on Buru Island. Mercury waste that is beyond the tolerance threshold will have a negative impact on the health of the people of Buru Regency, especially those who are contaminated by the waste. The difficulty of miners in obtaining clean water and mining carried out for days without paying attention to health, many miners suffer from skin diseases.[10]

From an environmental perspective, the Mount Botak area is prone to landslides due to the excavation of holes for mining. Many trees are cut down/destroyed for the needs of miners to build tents and make mining holes, areas that were originally forest ecosystems have turned into mining holes abandoned by miners without rehabilitation, this is very damaging to the environment. The loss of forest ecosystems that have been replaced by mining areas has eliminated the function of forest ecosystems as energy exchange, hydrological cycles, food chains of living things, maintaining biodiversity, nutrient cycles and control when pollution occurs. Damage to forest ecosystems has an impact on the imbalance of natural systems. Rivers that were originally dirty and polluted with mercury.[11].

  

III.2 MINING MANAGEMENT IN MOUNT BOTAK

            Mineral resources, as one of Indonesia's riches, if properly managed will contribute to regional economic development. As the government controls these resources, as mandated by the 1945 Constitution, it must regulate their use to prevent the depletion of their potential and optimize the revenue generated from their control, maximizing the benefits for the people's well-being.

Mining operations on Mount Botak will have a negative impact on the environment. This causes permanent damage to trees. Highly toxic compounds are also used to separate gold from sediment and rock. Mercury released into the river will enter the food chain, and the river water will become polluted.

Based on Article 1 of Law No. 11 of 1967 concerning Basic Provisions on Mining, it states that "All mining materials found within the Indonesian mining jurisdiction which are natural deposits as a gift from God Almighty, are the national wealth of the Indonesian nation and therefore are controlled and used by the State for the greatest prosperity of the people. ".

This article proves that every Indonesian citizen can utilize existing natural resources, but must still comply with existing regional regulations, namely that every building or business establishment must have a permit.

Gold mining without official permission from the government is, of course, prohibited and is an illegal activity. The requirement for every business to obtain a business permit is an effort by the government to manage and monitor the environment, as stated in Article 15 paragraph (1) of Law No. 11 of 1967, which states that " Existing mining businesses can only be carried out by companies or individuals as referred to in articles 6, 7, 8 and 9, if they have been given mining authority. "The contents of this article indicate that those who can and are permitted to carry out mining activities are those who have obtained permits and other conditions that accompany the issuance of such permits.

The term illegal mining emerged following the issuance of Decree of the Minister of Mining and Energy No. 01P/201/M.PE/1986 concerning Guidelines for the Management of Community Mining of Strategic and Vital Minerals (Class A and B). The Decree stipulates that community mining activities carried out after a mining permit or work contract is deemed invalid and can be classified as illegal mining. This means that community mining activities that do not have a mining permit are classified as illegal mining.[12]

Three main factors in the emergence of illegal mining that is : First, economic factorsPoverty and the lack of alternative sources of income drive communities to take shortcuts to meet their economic needs by mining illegally. This situation is exacerbated by the presence of capital-rich economic actors tempted by the short-term economic rents they generate by financing illegal mining activities. Secondly,, regulatory factors and apparatus capacity. There is no firm, consistent, and transparent set of rules and policies governing mining businesses, including licensing, guidance, obligations, and sanctions. Local government officials lack understanding of proper mining procedures (good mining practices) and the behavior of officials who try to gain personal benefits from illegal mining activities, are important factors in the growth of illegal mining. Third, Factors, relationship patterns and licensed company policiesThe relationship between illegal mining and the licensed companies being plundered is based on suspicion and conflict. This pattern of relations, combined with the implementation of repressive policies aimed at expediting illegal mining, may make it difficult to eradicate illegal mining.

Characteristics of illegal mining, including: First, low productivity, due to limited capabilities in mining methods, more due to the simplicity of how the tools work and only wanting to make quick profits. Secondly,, neglect the environment, due to the ease of obtaining gold, generally do not pay attention to the correct mining and processing methods. Third, lack of attention to work safety, ignorance about K3 and mining techniques often causes accidents that can claim the lives of miners. Fourth, not paying attention to the conservation of mineral materials. [13]

Considering the causal factors and characteristics of illegal mining above, the gold mining activities conducted at Mount Botak meet both of these criteria to be considered illegal mining. The miners at Mount Botak can also be considered illegal miners because they lack the authority or permits to mine.

Licensing is an administrative legal instrument. One of the government's powers for proper mining management is to issue mining permits. Permits are the sole authority and monopoly of the authorities or government. No other institution outside the government can issue mining management permits, and this relates to the principle of state authority over all natural resources for the benefit of the people.

 Permits serve as a legal basis, an instrument to ensure legal certainty, and an instrument to protect interests. According to Siti Sundari Rangkuti, environmental management can only successfully support sustainable development if the government functions effectively and in an integrated manner.[14]

Based on Law No. 32 of 2009 concerning Environmental Protection and Management, it is an effort to strengthen the principles of environmental protection and management based on good governance because in every process of formulating and implementing instruments for preventing environmental pollution and/or damage as well as mitigation and law enforcement, it is mandatory to have aspects of transparency, participation, accountability and justice.[15]

From the findings at Mount Botak, the management carried out for mining is very simple, but the impact has caused damage to the surrounding environment, and there has been conflict between miners and indigenous communities resulting in murder.

In the Botak Mountain area, tree mining has occurred.

Underground mining for gold

People make tents around the mining area

        

Drums to separate gold from lumps of soil, waste from the drums is dumped into the river so that pollution occurs in the river 

 

III.3 LAW ENFORCEMENT OF THE MOUNT BOTAK GOLD MINING

Regulations regarding mining in Indonesia have a constitutional basis as regulated in Article 33 paragraph (3) of the 1945 Constitution which states that " "The earth, water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people." 

 Regulations based on Article 33 paragraph (3) Constitution 1945 gave rise to the concept of control by the state. In this case, the word formula "controlled by the state" of course has a constitutional legal meaning in the administration of the state. What is meant by "controlled by the state" as regulated in Article 33 paragraph (3) Constitution 1945 shows the meaning of legal power (legal system) in the field of public law. KLegal power relates to authority in the field of public law, particularly in the field of government administrative law. Legal power refers to the authority of the Central Government and is regulated by government norms.

Governance norms have a constitutional basis for regulating the government's governing powers. This is regulated in Chapter III concerning State Government Powers in Article 4 of the 1945 Constitution of the Republic of Indonesia, which states that "The President of the Republic of Indonesia holds the power of government according to the Constitution". Therefore, the meaning of "controlled by the state" refers to public legal actions, in this case government actions.

The implementation of state government affairs from the aspect of government authority is expressly regulated in Article 33 paragraph (3). Constitution 1945. Of course, the implementation of government affairs is also related to the implementation of regional government as regulated in Article 18. Constitution 1945. Settings in Constitution 1945 states that the implementation of government affairs, which constitute public legal acts in governmental actions, is carried out by levels of government, both at the central and regional levels. In this case, the regulation of the implementation of government affairs at the central level (Article 4) and at the level of government administration, the implementation of these government affairs is also carried out in the regions by regional governments (Article 18).

The emphasis on the relationship between the Government and Regional Governments in the implementation of government affairs can be seen in the formulation of Article 18 paragraph (5). Constitution 1945 namely: "Regional governments exercise the broadest possible autonomy, except for government affairs which are determined by law to be the affairs of the Central Government.". This formulation certainly implies that the Regional Government carries out government affairs with the broadest possible autonomy, except for government affairs which are the affairs of the Central Government.

In this regard, the implementation of government affairs as referred to in Article 33 paragraph (3) Constitution 1945 also regulates the administration of government affairs that can be carried out by the Regional Government. This constitutional relationship is the constitutional basis for regions in managing natural resources through authority in the field of licensing. The Central Government and Regional Governments in administering government affairs are related to fulfilling the interests of the life of the nation and state of the Republic of Indonesia.

This means that regional authority in the field of licensing for natural resource management has a constitutional basis as regulated in Article 4, Article 18 and Article 33 of the 1945 Constitution of the Republic of Indonesia. Furthermore, it is necessary to regulate the pattern of division of authority as part of the division of state power.[16].

Through the principle of autonomy held by regional governments, the implementation of government affairs which was previously based on Article 33 paragraph (3) Constitution In 1945, the Republic of Indonesia's constitutional system implemented a vertical division of power, allowing regional governments to exercise authority within the meaning of the phrase "controlled by the state." This means the exercise of licensing authority in the management of natural resources. including gold mining is also a regional authority.

 

Law enforcement against gold mining activities on Mount Botak is based on directly related laws and regulations and is carried out in several matters:

1.             Government Control

Gold mining activities on Mount Botak have been carried out freely without limits, and the local government has been unable to take any action to control the management of gold mining. Based on Law Number 4 of 2009, anyone wishing to undertake gold mining activities must obtain an IUP (Permit for Mining). Because Mount Botak is still within the Buru Regency area, the Regional Government, especially the Regent, has the authority to grant IUPs to business entities, cooperatives, and individuals to manage exploration and production operations in gold mining. However, until the temporary closure, the Regional Government has never controlled it. The authority of the Regional Government is attributive authority granted by law as an embodiment of the 1945 Constitution.

 

2.             Mining Permit

Every gold mining activity must obtain a Mining Permit (IUP) from the local government, whether it's a business entity, a cooperative, or an individual. These entities can be private entities, state-owned enterprises, or regionally-owned enterprises. Gold mining requires a metal mineral IUP, as gold is a type of metallic mineral. To date, the local government has never issued a permit. In fact, mining activities are more of an illegal, uncontrolled form.

 

3.             The Need for Regional Legal Products

This illegal mining should be controlled first by the Regional Government, followed by the establishment of Regional Regulations concerning the Implementation of Mineral and Coal Mining in the regions, which grants the regions the authority to control any activity. If conditions are not feasible, the Regional Government can issue a Regent's Regulation to fill the legal gap.

 

4.             Cooperation with the Government

To address current challenges, local governments can request assistance from the government in conducting gold mining exploration related to existing gold reserves. This will determine the granting of an IUP or IPR. Given limited gold capacity and limited investment, local governments can develop IPRs managed by cooperatives for the benefit of the surrounding community.

 

5.             Environmental Impact

Illegal gold mining on Mount Botak, without proper waste management, has resulted in environmental pollution on Buru Island. This situation will impact both human and natural resources on the island.

 

IV. CONCLUSION AND SUGGESTION

 

A.    Conclusion

 

From what the author has described, the conclusion is; In the management of gold mining, no attention is paid to the management processes so that the environment around the mine is polluted by mercury and cyanide and will also have an impact on humans. The government pays little attention to the relationship between miners and indigenous communities, which can result in conflict. And there is little attention from the government regarding permits for mining.

 

 

B.     Saran

                      Based on the conclusions above, the suggestion is that to prevent illegal mining on Mount Botak, the Buru regional government can create special regulations regarding mining based on environmental and legal principles. The regional government can also issue various regulations that further enhance the role and participation of indigenous communities, including the division of mining zones, preventing overlapping interests.

 

 

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Nandang Sudrajat, Indonesian Mining Theory and Practice According to Law, Pustaka Yustisia Publisher, Yogyakarta, 2010.

 

Mangara P. Pohan and Ridwan Arief, Evaluation of the Potential of Mineral Materials in Former Mines and the Peti Area of ​​the Balai Karangan Sanggah Regency, West Kalimantan, Proceedings of the Presentation of the Results of Field and Non-Field Activities in 2006, Geological Resources Center

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1.      1945 Constitution

2.      Law Number 32 of 2009 concerning Environmental Protection and Management

3.      Law No. 4 of 2009