Jokowi Issues Rules On Mining Reclamation With Bibit Facilities

President Jokowi (photo: Doc. VOI)

JAKARTA - President Joko Widodo issued Presidential Regulation (Perpres) number 77 of 2024 concerning the Acceleration of Development and Management of Maize Facilities in Mineral and Coal Mining Business Activities.

This rule is made taking into account mining activities have an impact on the environment so it needs to be balanced with the acceleration of revegement so that it is necessary to accelerate the development and management of all facilities by the mining business license holder (IUP).

Article 2 of this new regulation states that the obligation to accelerate the development and management of nursery facilities is carried out by business entities holding IUP, Special Mining Business Permits (IUPK), IUPK as a continuation of contract operations, Work Contract Holders (KK) and coal mining business agreements (PKP2B) whose environmental documents are in the form of Amdal.

Meanwhile, Article 4 requires mining business entities to carry out independent inventory in development planning and management of nursery facilities which include three criteria, including:

1. Fulfillment of administrative requirements in accordance with regulations in the fields of minerals, the environment, forestry, and agrarian.

2. Conditions of existing nursery facilities, including facilities, infrastructure, management competence, capacity, and maintenance

3. Development plans for those who do not have facilities, including determination of the location, facilities, infrastructure, management competence, and capacity. This inventory must be completed in six months and submitted to the Minister or governor for approval.

Business entities that already have a nursery facility are required to manage it by ensuring the provision of young plants according to the capacity and obligation of reclamation or post-mining approved by the minister.

Business entities are also required to provide competent technical personnel, as well as carry out maintenance and care and are required to report the results of management to the minister or governor.

Meanwhile, for business entities that do not yet have facilities, the implementation stage includes the construction and provision of infrastructure, as well as the management of facilities by ensuring the provision of young plants, competent technical personnel, and maintenance.

Later the results of the activity must also be reported to the minister or governor according to their authority.

"The implementation of the construction of nursery facilities is carried out by taking into account the availability of wastewater management facilities in accordance with the provisions of the legislation," reads Article 5 paragraph 5 of the regulation.

Padal 10 aturan ini juga menyebutkan, seluruh biaya yang diperlukan untuk melakukan tahapan perencanaan dan pelaksanaan dibantungkan kepada anggaran masing-masing badan usaha.

This new regulation also prepares sanctions for mining entrepreneurs who do not carry out their obligations in managing this nursery facility.

Article 11 stipulates administrative sanctions for business entities that do not accelerate the development and management of nursery facilities in accordance with the provisions of this presidential regulation.

"In accordance with the provisions in this presidential regulation, administrative sanctions are imposed in accordance with the provisions of the legislation," wrote this rule.