Environmental Improvement Policy through the obligation of post-tin mining reclamation in the islands of Bangka Belitung

Dr. Dwi Haryadi, S.H., M.H., - and Dr. Ibrahim, M.Si., - and Darwance, S.H., M.H., - (2023) Environmental Improvement Policy through the obligation of post-tin mining reclamation in the islands of Bangka Belitung. In: IOP Conference Series: Earth and Environmental Science. IOP Publishing.

	Text (DOKUMEN PENILAIAN PEER REVIEWER) 6 Improvement_Peerreviewer.pdf Download (549kB)
	Text (DOKUMEN HASIL UJI SIMILARITY) 6 Improvement_Naskah Turnitin.pdf Download (1MB)
	Text (KORESPONDENSI) 6 naskah Environmental Improvement Policy.pdf Download (60kB)
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Abstract

Reclamation obligation is one way to ensure environmentally sound mining activities. Nevertheless, Bangka Belitung islands, which have been excavated for tin since 3 centuries ago, leave environmental problems behind due to poorly implemented reclamation obligations. Generally, Law Number 4 of 2009 on Minerals and Coal threatens this negligence with administrative sanctions such as written warnings, partial or complete suspension of permits, and even revocation. However, after almost 10 years in effect, these punishments have yet to be very effective in promoting reclamation optimization, including in Bangka Belitung. Therefore, a criminalization policy was implemented through the amendment of Law Number 3 of 2020 for the act of failure to perform reclamation and/or post-mining obligations and for not placing reclamation guarantees and/or post-mining guarantees with the punishment of imprisonment, fines, and additional criminal charges. Consequently, this normative study focuses on criminalization and its conditions, alongside the formulation of sanctions and punishments as part of criminal law policies. The formulation stage has a strategic role because it is the basis and initial indicator for judicial and executive policy implementation effectiveness.

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