PT Gag Nickel is the only company that is still allowed to carry out mining activities in the Raja Ampat Regency area.
Mining observer Ferdi Haliman confirmed that the Constitutional Court's decision on judicial review of Law no. 27/2007 does not prohibit mineral mining in coastal areas and small islands absolutely.
"The Constitutional Court recognizes the economic potential of small islands as pillars of national development, but demands proportional and sustainable management," he said in a statement to the media, Tuesday, June 10.
In addition, he continued, the Regional Regulation of Raja Ampat Regency Number 3 of 2012 concerning the 2011 '2030 Regional Spatial Plan' (RTRW) stipulates Gag Island as a mineral mining designation area (Article 33 paragraph 2 letter a). With a protected area of 0066,069 ha, this zoning ensures that all mining activities run according to the regularity map and are closely monitored by local governments.
Furthermore, Law no. 11/2020 (Cipta Kerja) Article 372 stipulates that the quota for approval of the use of forest areas for mineral mining on islands belonging to small islands is a maximum of 10 percent of the total area of the Protected Forests and Forests.
"This provision guarantees that Gag Nickel operates within the minimum quota limit, so that the potential ecological impact can be minimized," said Ferdi.
In addition, PT Gag Nickel's Contract Contract Permit has been issued since 1998, long before the enactment of Law No. 1/2014. The operational land clearing area is only 190 ha out of a total of 0.069 ha protected and production areas, equivalent to around 3.17 percent, far below the required threshold.
The results of the supervision of the Ministry of Environment and Forestry did not find significant findings related to environmental damage.
In fact, the people of Gag Island expressly expressed their support so that PT GAG Nickel would continue to operate.
"This mine is not only to support the welfare of the people of Gag Island, but also for the national interest. If operations are stopped even though all government requirements have been met, it will make it difficult to attract investors in the mining sector," said Ferdi.
Based on this legal fact, Ferdi emphasized that PT Gag Nickel carried out sustainable operations in accordance with a strong legal basis.
Not only that, but Gag Nickel is also in accordance with the spatial provisions set by the Raja Ampat Regency Government, by verifying each point of the mine location based on the RTRW map.
"In addition, the company carries out mining activities only in areas that do not exceed 10 percent of the quota for using small forest areas, according to the provisions of Article 372 of Law no. 11/2020 concerning Job Creation, so that the potential ecological impact can be minimized," said Ferdi.
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Since 2018, measurable reclamation and revegement programs have also been implemented, restoring the productivity of former mining land and supporting the recovery of local ecosystems through planting endemic seeds and sustainable care.
"With suitability to regional regulations and national laws as well as the implementation of the Good Mining Practice of PT Gag Nickel, it shows that mineral resource exploitation can be in line with environmental conservation and contribute to improving the welfare of the people in Raja Ampat," he said.
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