Countering illegal tin mining with a legal formulation of law based on local wisdom in Bangka Belitung, Indonesia

Abstract

AbstractIllegal mining is a latent problem that cannot be overcome since the Reformation era until today in Bangka Belitung, with widespread impacts on environmental, social and financial losses. Indications of mining management failure are due to ineffective legal arrangements by the government. The analysis of article aims to test the effectiveness of law and regulations related to locals tin mining carried out in Bangka Belitung, the regulation of local wisdom by the community, and the potential to integrate these two aspects in an ideal law enforcement perspective. The interests of environmental conservation and limiting the rate of illegal tin mining are two aspects that are currently fundamental needs, while still requiring the presence of economic and cultural considerations of the community. Through a socio-legal approach, it can be seen that the people of Bangka Belitung have implemented a unique ecoliteracy concept through local wisdom applied in the living culture of the community. The ecoliteracy that is carried out through the active participation of the people is timah ampak. The results of the study, it was found the condition that ampak is very prospective to be integrated in legislation, as well as being a solution to the phenomenon of ‘lame-duck’ regulations that have not been sufficiently implemented due to substance issues. The recommendation of this study is the transformation of local wisdom in local regulations to re-streamline the management of illegal tin mining in Bangka Belitung.

Keywords

• Illegal tin mining
• local wisdom
• legal formulation
• environmental conservation
• Heng Choon Chan, Department of Social Policy, Sociology, and Criminology, University of Birmingham, Birmingham, UK
• Criminal Law & Practice