CONSOLIDATING MINING AREAS LEGAL POLICY FOR SUSTAINABLE SPATIAL PLANNING

Abstract

The need to develop mineral and coal mining resources is increasingly causing many problems, including environmental issues. There needs to be continuous planning in mining areas based on the Environment. With a focus on spatial planning for mining areas in Indonesia, this research discusses the current mining regulatory framework and the issue of harmonization between spatial planning for mining areas based on environmental sustainability. This paper intends to answer the third research statement: First, how to conduct theoretical training on several legal principles of sustainable development from environmental protection and management perspectives. Second, what is the concept of environmental administrative and legal regulation in the field of supervision in realizing the determination of mining areas based on environmental development? Third, what is the licensing model for spatial planning and environmental planning in monitoring environmental management that is environmentally sound? This research uses normative legal analysis with a statutory and conceptual approach. The results of this study indicate that with an integrated environmental permitting and spatial planning concept, establishing a mining business permit area is predicted to function as an effective prevention instrument against the emergence of environmental pollution and damage due to mining activities. Recommendations given with the existence of legal criteria relating to the determination of mining areas to become the authority of the Minister of Environment and Spatial Planning, Governors and Regents/Mayors will result in the principle of environmental sustainability because this authority can be determined based on the size of "geographical-ecological", "economic conditions”, or “administrative.

Keywords

• environmental sustainability
• mining area
• spatial