Thesis on the Rearrangement of the Reclamation and Post-Mining Supervision System According to Law No. 4 of 2009 Concerning Mineral and Coal Mining

Abstract

This study aims to explore and find future concepts and ideas for the reclamation and post-mining supervision system so that it can run effectively. This study applies non-doctrinal-qualitative and normative juridical approaches. In addition, the data was collected through studies of primary, secondary and tertiary legal materials. The results of the study show that in relation to the reclamation and post-mining guarantee funds, Mining License and Special Mining License holders place reclamation guarantee funds in advance in accordance with the work plan and annual budget of a maximum of 30 days after the work plan is approved. Furthermore, funds are placed at state banks in the form of time deposits on behalf of the Directorate General/ Governor in accordance with the reclamation schedule. Then, the implementation of reclamation and post-mining supervision is still not optimal because the readiness of supervisors is inadequate to conduct supervision activities with a limited number of supervisors. Thus, this study recommends to revise Law No. 4 of 2009 concerning Mineral and Coal Mining by strengthening the articles relating to reclamation and post-mining supervision, increasing more effective coordination between related agencies in supervision activities by forming a Supervisory Agency if necessary, increasing the quantity and quality of mine supervisors or inspectors, and strengthening the role of the association of mining business actors so that they become a bridge of compliance in the implementation of reclamation and post-mining carried out by business actors.