SciRepID - The Role of The Government in Enforcing Mining Rehabilitation Laws: Environmental Law and Mining Law

📅 31 October 2025
DOI: 10.70062/ljrj.v1i4.127

The Role of The Government in Enforcing Mining Rehabilitation Laws: Environmental Law and Mining Law

Law and Justice research journal
International Forum of Researchers and Lecturers (IFREL)

📄 Abstract

Mining activities in Indonesia result in significant environmental degradation, necessitating a robust legal framework for post-mining rehabilitation. However, enforcement is often hindered by normative overlaps between the Mining Law (No. 3/2020) and the Environmental Law (No. 32/2009), alongside a "supervisory vacuum" caused by recent centralization. This research evaluates the government's role in enforcing rehabilitation obligations and proposes a synchronized legal approach. Using a normative juridical method, the study identifies that authority fragmentation leads to a lack of accountability in reclamation fund management. Findings suggest that rehabilitation is frequently treated as a formal administrative procedure rather than a substantive ecological duty. Consequently, this study proposes a "Green Mining Governance" model that integrates environmental standards directly into mining permits (IUP) through a unified, inter-agency supervision system. This proposed framework integrates stringent environmental standards directly into the Mining Business Permit (IUP) and the annual Work Program and Budget (RKAB) through a unified, inter-agency supervision system. Such a reconstruction is essential to ensure that environmental restoration transcends formalistic requirements, evolving into a substantive legal obligation aimed at achieving long-term ecological justice and sustainable resource management.

🔖 Keywords

#Environmental Law; Government Enforcement; Indonesia; Mining Law; Mining Rehabilitation

ℹ️ Informasi Publikasi

Tanggal Publikasi
31 October 2025
Volume / Nomor / Tahun
Volume 1, Nomor 4, Tahun 2025

📝 HOW TO CITE

Sudi Haryansyah; Rachmadi Usman; Muhammad Ananta Firdaus, "The Role of The Government in Enforcing Mining Rehabilitation Laws: Environmental Law and Mining Law," Law and Justice research journal, vol. 1, no. 4, Oct. 2025.

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