Optimization of Law Enforcement on Reclamation Process in Indonesia

Indonesia is blessed with abundant natural and energy resources. The natural and energy resources consist of mine, natural gas, and oil which spread out in all of regions of Indonesia. Nowadays, the development of mining activity is more rapid and useful. Yet, most of the companies possess lack of intention to fulfill the liabilities, in terms of arrangement, maintenance, recovery, and also environmental protection. Many victims got the negative impact because of the activities done by the mining companies which did not conduct the liabilities. One of the problems is the post-mining reclamation process. The paper aims to analyze the effectiveness of the administrative sanctions of post-mining reclamation process and the role of criminal sanctions on it. The method used is a normative legal research with descriptive quality. The legal basis of the paper is the Law No. 4 of 2009 on Mining and Coals, Government Regulation No. 78 of 2010 on Reclamation and Post-Mining, and some particular regulation related to the issues. As a result, this paper finds whether or not the administrative sanctions are effective to solve the environmental damage to post-mining through reclamation. The paper also suggests an idea on the enforcement of criminal sanctions for companies which made the environmental damage and/or did not conduct the reclamation process.