National Seminar “National Law Enforcement in the Mining Sector”
Banjarmasin – Chairman of the Senate of Lambung Mangkurat University (ULM) Prof. Dr. Hadin Muhjad, S.H., M.H., said that law enforcement in the Mining Sector in South Kalimantan has not been running optimally. He saw that many entrepreneurs were still half-hearted in implementing statutory provisions, such as provision 102 paragraph 3 of Law No. 3 of 2022 concerning Mining. “The law has regulated it but the facts on the ground have not yet been implemented,” said Prof. Hadin at the National Seminar and Call For Paper on National Law Enforcement in the Mining Sector, Hotel Aria Barito, Saturday (22/06/2024).
“So far we have been wrong in looking at the mining sector, the more production increases, the more the environment is destroyed, we should think modernly with sustainability, the government must supervise entrepreneurs to manage mines in accordance with statutory provisions and environmental rules,” said Prof. Hadin.
Meanwhile, Hendarto from the South Kalimantan ESDM Service said that monitoring the mining sector in South Kalimantan is quite difficult because licensing and taking action against violations is carried out by the central government. The supervision itself is carried out by Central Government officials, namely Mine Inspectors. The number of Mining Inspectors in South Kalimantan has reached 25 people. which is included in the Central ASN category. Apart from that, taking action against violations is quite difficult because mining permits are carried out by the Ministry of Energy and Mineral Resources while permit revocation is carried out by the Ministry of Investment.
The ranks of the Dirkrimsus Polda South Kalimantan are also quite active in taking legal action against mining violations, especially Mining Without a Permit or PETI. In 2022, it will handle 26 PETI cases spread across HSS, Banjar, Tapin, Tala, Tanbu and Kotabaru districts. For 2023 it will handle 16 PETI cases in Banjar, Tapin, Tala, Tanbu and Kotabaru districts. Meanwhile, as of June 2024, it has handled 11 PETI cases in the districts of Tabalong, Tala, HSS, Balangan and Kotabaru.
The violations found by the South Kalimantan Regional Police included coal mining without an IUP, having an IUP but mining outside the IUP area, having an exploration IUP but carrying out production operations and verification data that did not match the amount of coal owned or held. Apart from that, many people found falsifying information about production numbers and buying illegal coal or holding it.
Chief Executive of the National Seminar on National Law Enforcement in the Mining Sector who is also a Lecturer at the ULM Faculty of Law, Daddy Fahmanadie, S.H., LL.M, said this seminar was to foster collaboration between Academics, Law Enforcement and Regional Government in managing South Kalimantan’s Natural Resources. It is hoped that all mining sector stakeholders can manage, prevent and preserve the environment. “We hope that South Kalimantan’s natural resources can be manifested and protected so that the theme of National Law Enforcement in the Mining Sector was chosen,” said Daddy Fahmanadie.
