Year: 2025
Type: article
Abstract: Small-scale mining activities in Indonesia have been increasing as a form of natural resource utilization by local communities. However, these practices are often carried out without official permits and without regard for environmental protection principles, resulting in significant environmental damage such as water and soil pollution and ecosystem destruction. This study aims to examine the legal accountability that can be imposed on small-scale miners for the environmental damage caused. The research method used is normative juridical with legislative and conceptual approaches. The results indicate that small-scale miners can be held accountable in three forms of legal responsibility: criminal, civil, and administrative. Criminal liability is regulated under Articles 98–103 of Law Number 32 Year 2009 concerning Environmental Protection and Management (UU PPLH), while civil liability in the form of compensation for environmental damage is regulated in Article 87 of the same law. Additionally, administrative sanctions such as license revocation or fines are regulated in Articles 76–80 UU PPLH. Enforcement obstacles arise due to weak supervision, lack of legal mining activity permits, and low legal awareness among the community. Therefore, policy reform is necessary to strengthen supervision, facilitate official permit issuance (IPR), and improve education and guidance for the community. The state also needs to actively regulate and foster small-scale mining to align with sustainable development principles. With a comprehensive approach, small-scale mining can proceed in harmony with environmental protection.
Authors: Togi M. Mangunsong, Riswaldi Riswaldi
Institution: Universitas Borobudur
Language: English
Topic: Legal Studies and Policies
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4411407628