JRSSEM 2023, Vol. 02, No. 8, 1846 1851
E-ISSN: 2807 - 6311, P-ISSN: 2807 - 6494
DOI: 10.59141/jrssem.v2i08.410 https://jrssem.publikasiindonesia.id/index.php/jrssem/index
EXTINGUISHING MINING LICENSE C AND ITS IMPACT ON
COMMUNITY DEVELOPMENT
Dudung Hidayat
1
Junaedi
2
Deni Yusup Permana
3
Gusti Yosi Andri
4
Karmenita
5
Evelyn Azaria Valentina
6
Adhinda Maharani Rahardjo
7
Magister Hukum Sekolah Pascasarjana Universitas Swadaya Gunung Jati Cirebon, Indonesia
*
e-mail: pascasarjanaugj@gmail.com
*Correspondence: pascasarjanaugj@gmail.com
Submitted
: February 20
th
2023
Revised
: March 16
th
2023
Accepted
: March 25
th
2023
Abstract: Mining is an activity that is one of the biggest sources of regional income, but on the
other hand mining activities often cause bad symptoms in the community. The existence of
excavation c which causes environmental damage and loss to the surrounding community is a
problem that never subsides for discussion. This study aims to identify and describe IUP
Excavation C and its Impact on Community Development. This study uses a descriptive
qualitative approach. The concept of legislation and spatial planning that has not been ideally
actualized has resulted in this phenomenon not being handled properly, especially in the
Cirebon and surrounding areas, even though there is already a legal basis and concept of
environmental management but it seems as if it already exists. not yet realized.
Keywords: Mining; Quarry C; Environmental Management
Dudung Hidayat
1
Junaedi
2
Deni Yusup Permana
3
Gusti Yosi Andri
4
Karmenita
5
Evelyn Azaria Valentina
6
Adhinda Maharani Rahardjo
7
| 1847
INTRODUCTION
The wealth of abundant natural
resources in Indonesia makes Indonesia
respected in the development sector, and
economy and dubbed as the country of
Sleeping Asian Tigers. With the abundant
wealth of natural resources, Article 33
paragraph (3) of the Constitution of the
Republic of Indonesia in 1945 states that
the earth and water and the natural
resources contained therein are controlled
by the State and used for the greatest
prosperity of the people. The natural wealth
generated from mining activities can
contribute Regional Original Income (PAD)
to the area used as the location of activities,
but in the case of mining always hurts the
environment of the local community such
as environmental damage and clean water
pollution (Ruslina, 2012).
Based on the Data on the Area of Metal
and Non-Metal and Rock Feasible Zones
per Regency that the Cirebon Metal
Feasible Zone is 0.00% while the Non-Metal
and Rock Feasible Zone is 101,719.40 Ha or
equivalent to 5.96%, the mining area is an
area located in the feasible zone of mining
areas that are by the needs of the future
community (Permana & Gilang, 2020). In
Law Number 11 of 1967 concerning the
basic provisions of mining, it is explained
that mining power is given to business
entities or individuals to carry out mining
management (U.-U. Nomor, 1967).
The emergence of problems about
licensing that are considered trivial is a
source of loopholes for unscrupulous
companies to take the opportunity to get a
lot of profits. Violations committed not only
hurt local governments but on public
comfort regarding public facilities that have
been damaged by excavation C. Every
licensing provision that is applied serves as
a tool of order and regulation. Regulator
here has meaning as a tool that keeps
activities can be established simultaneously
without violating other rules so that
activities can be by the provisions and
achieve orderly activities for the community
and the environment. (Adrian, 2011)
mentioned that the regulator means that
some businesses or activities can be carried
out by the designation.
Clear regulations on licensing, time
limits, and rehabilitation of former mining
become one of the original regional
revenues through tax collection, besides
that the Cirebon Regency government has
the authority to take policies in terms of
licensing and levy levies on natural resource
exploitation activities of sand and krikil
mining or mining in the Cirebon Regency
area. The nature or impact of mining will
result in environmental damage and need
improvement. Such as the number of road
accesses that become hampered because
the queue of transportation equipment is
fairly large and some roads are damaged
due to transportation equipment that is
loaded more than the capacity to pass in
residential areas around the mine.
Residential areas according to Law Number
1 of 2011 concerning Housing and
Settlement Areas are part of the
environment outside protected areas, both
in the form of urban and rural areas, which
function as residential environments or
residential environments and places of
activities that support livelihoods and
livelihoods. While the settlement itself is
part of a residential environment consisting
1848 | Extinguishing Mining License C and Its Impact on Community Development
of more than one housing unit that has the
infrastructure, facilities, and public utilities,
and has supported other function activities
in urban or rural areas (U.-U. R. I. Nomor,
2011).
MATERIALS AND METHODS
Legal research (Legal Research) was
conducted using Normative Juridical and
Empirical Juridical studies. Normative
juridical research is legal research that
places law as a building system of norms.
Meanwhile, Empirical Juridical Research is
research that has the object of study of
community behavior. And to complement
this research using a Descriptive Qualitative
Approach (Sugiyono, 2018). According to
(Soerjono Soekanto, 2012). The qualitative
Method is a research procedure that
produces descriptive-analyst data, namely
what is stated by informants in writing or
orally as well as their real behavior, which is
researched and studied as a whole. The
approach in this study is intended to know
and describe the C Quarry Mining License
and its Impact on Community
Development.
RESULTS AND DISCUSSION
1. Government Background in Granting C
Mining Permits in the Cirebon Regency
Area Based on Law of the Republic of
Indonesia Number 3 of 2020
Simply put, mining is an activity carried
out by digging into the ground (earth) to
get something in the form of mining
products (minerals, oil, natural gas, and
coal). Definition of mining in the Regional
Regulations of West Java Province Mining
is part or all of the stages of activities in the
context of research, management, and
mineral or coal companies which include
general investigation, exploration,
feasibility studies, construction, mining,
processing and refining, transportation
and sales, reclamation and post-mining
activities. This understanding has a broad
meaning that includes various activities
from mining which are carried out before
mining and after the mining process (Al
Azmi, 2022).
That by the provisions in Article 1
paragraph 40 of the Regional Regulation of
Cirebon Regency Number 7 of 2018
concerning the Regional Spatial Plan of
Cirebon Regency for 2018-2023 state:
"Mining designation areas are areas
intended for mining activities for areas that
are or will soon be carried out mining
activities, including minerals and coal."
To these provisions, that the
Dukuhpuntang area is one of the areas
designated for mining. Furthermore, in
Article 9 paragraph 2 of Law Number 3 of
2020.
"WP, as referred to in paragraph (1), shall
be determined by the Regional
Government of the province by its
authority and in consultation with the
House of Representatives."
Article 10 paragraph (2) point b of Law
Number 3 of 2020 that:
"The determination of WP as referred to in
Article 9 paragraph (2) shall be
implemented: b. In an integrated manner
by referring to the opinions of relevant
government agencies, and affected
communities, and by considering
ecological, economic, human rights, and
socio-cultural aspects, as well as
Dudung Hidayat
1
Junaedi
2
Deni Yusup Permana
3
Gusti Yosi Andri
4
Karmenita
5
Evelyn Azaria Valentina
6
Adhinda Maharani Rahardjo
7
| 1849
environmentally sound;" cultural, as well as
environmentally sound;".
The rules regarding Mining
Reclamation are contained in Article 1
paragraph 26 of Law Number 3 of 2020. As
research data obtained in the field in the
Report on the Results of Boundary
Arrangement of Protected Forest Areas
originating from Compensation Land in the
context of Borrowing and Using on behalf
of Bumi Karya KUD in Majalengka Regency
that Bumi Karya KUD has been stipulated
by the Decree of the Minister of Forestry
Number SK.58 / MENHUT-II / 2009
concerning the Designation of
Compensation Land covering an area of
1,00,000 (One Hundred Thousand) square
meters into a permanent Forest Area with
the function of a Protection Forest located
in the umbrella area, Rajagaluh District,
Majalengka Regency, West Java Province.
Since the enactment of Law Number 3
of 2020, mining licensing has shifted to the
Central Government, no longer local
governments. Therefore, from the results
of interviews obtained from the Bumi Karya
KUD, there were problems regarding
licensing due to the mining location
occupied by the Bumi Karya KUD on the
border of Majalengka and Cirebon,
therefore from the central government, the
granting of permits was by what was seen
on the satellite that the Bumi Karya KUD
became part of the Majalengka Regency
Mining. The rules regarding changes in the
implementation of control are contained in
Article 4 paragraph 2 of Law Number 3 of
2020.
2. Impact of C Quarry Mining on the
Surrounding Environment
With the excavation of C in the Cipanas
Village area, Kec. Dukuhpuntang, these
activities do not bring benefits to the
surrounding community in terms of the
environment. In addition, counseling on
clean water has never existed from local or
local governments. People close to the
mining area are disturbed by Air Pollution
contributed by mining in both dry and rainy
seasons. Along with seasonal changes, the
surrounding community also feels
difficulties due to other impacts such as in
the rainy season there are mud floods that
make it difficult for residents to carry out
activities, and the dry season dust scattered
in residential areas is very disturbing to
residents, especially on the respiratory
system of surrounding residents.
With the excavation of C in the Cipanas
Village area, Kec. Dukuhpuntang, these
activities bring economic benefits to the
community around the mining -+ 2 KM.
The environmental impacts obtained are
such as dust, dirty river water flow due to
mining activities, and stone craftsman
activities resulting from mining (waste).
With the existence of C-dig mining
activities in the dukupuntang area, 38.8%
of the community felt the positive impact
of this activity was the increase in
economic growth in the dukupuntang area
and 61.1% stated that with the C-dig
mining activities in the area close to the
mining did not feel any economic
improvement in the environment of its
residents.
1850 | Extinguishing Mining License C and Its Impact on Community Development
3. Comparison of Mining License
Regulations between Nepal and
Indonesia
First, from the qualifications of
individual mining permit holders in the
Nepal Mineral and Coal Law, Article 2
Paragraph 5 of 1999 The qualifications of
individuals holding permits are divided into
3 categories and are explicitly intended for
every individual who has 2 years of
experience and has sufficient finances. This
is different from Indonesian mining permit
regulations where Indonesian regulations
do not explicitly explain the qualifications
of individual coal permit holders. Second,
under article 42 paragraph 1 of Nepal's
Coal Minerals Act 1999, "A licensee shall
have to renew the license obtained by
him/her for mining operations within a
period of Three months from the date of
expiry of every fiscal year." This means
Nepal's mining permit renewal is carried
out within three months from the expiry
date of each fiscal year while the renewal of
Indonesia's mining permit is according to
the 2009 Trade Minister Regulation (SIUP).
e must be re-registered every 5 (five) years.
CONCLUSIONS
The government in granting permits by
Law Number 3 of 2020 that in Article 10
paragraph (2) point b the granting of
permits must refer to a special mining area
that has been determined, therefore for the
wilayah of Cirebon regency by the
provisions in Article 1 paragraph 40 of the
Regional Regulation of Cirebon Regency
Number 7 of 2018 concerning the Regional
Spatial Plan of Cirebon Regency for 2018-
2023. In addition, in protecting the
environment, Amdal, Prokasih, and BML
files are needed to grant permits to carry
out mining.
REFERENCES
Adrian, S. (2011).
Hukum Perizinan Dalam
Sektor Pelayanan Publik
. Sinar Grafika.
Jakarta.
Al Azmi, M. L. (2022).
Implementasi
Undang-Undang Republik Indonesia
Nomor 3 Tahun 2020 Tentang
Pertambangan Mineral Dan Batubara
Studi Kasus Tambang Batubara Di
Desa Ida Manggala Kecamatan Sungai
Raya Kabupaten Hulu Sungai Selatan
.
Nomor, U.-U. (1967). Tahun 1967 Tentang
ketentuan-ketentuan pokok
pertambangan.
Pejabat Presiden
Republik Indonesia. Jakarta
.
Nomor, U.-U. R. I. (2011).
tahun 2011
tentang Perumahan dan Kawasan
Permukiman
.
Permana, S., & Gilang, F. C. (2020).
Kajian
Penyusunan Dan Pembuatan Peta
Zona Layak Wilayah Tambang Di
Provinsi Jawa Barat
.
Ruslina, E. (2012). Makna Pasal 33 Undang-
Undang Dasar 1945 dalam
Pembangunan Hukum Ekonomi
Indonesia.
Jurnal Konstitusi
,
9
(1), 49
82.
Soerjono Soekanto. (2012).
Pengantar
Penelitian Hukum
. Penerbit
Universitas Indonesia.
Dudung Hidayat
1
Junaedi
2
Deni Yusup Permana
3
Gusti Yosi Andri
4
Karmenita
5
Evelyn Azaria Valentina
6
Adhinda Maharani Rahardjo
7
| 1851
Sugiyono, P. D. (2018). Quantitative,
qualitative, and R&D research
methods.
Bandung:(ALFABETA, Ed.)
.
© 2023 by the authors. Submitted
for possible open-access
publication
under the terms and conditions of the Creative
Commons Attribution (CC BY SA) license
(https://creativecommons.org/licenses/by-sa/4.0/).