Vol. 5, No. 12, December 2024
E-ISSN: 2723 - 6692
P-ISSN:2723- 6595
http://jiss.publikasiindonesia.id/
Journal of Indonesian Social Sciences, Vol. 5, No. 12, December 2024 3183
Legal Protection for Communities Victims of Environmental
Damage due to illegal mining in Lampur Village, Central
Bangka
Greace Naomi Situmorang, Julia Serpita Br, Tesa lonika
Universitas Bangka Belitung, Bangka, Indonesia
Correspondence: [email protected]
*
KEYWORDS
ABSTRACT
Legal Protection; Community
Victims; Environmental
Damage
Mining is a promising natural resource to support the economy of a
country and also the local government. Mining activities that are
made into livelihoods have shown income for the community,
especially dasa lampur, Central Bangka. So that a lot of people are
involved in mining. Moreover, illegal mining. But natural resources
such as tin cannot be renewed. The purpose of this research is to
determine whether there is legal protection for victims of
environmental damage due to illegal mining in Lampur village,
Central Bangka. The method used in this research is the normative-
empirical method, using a legislative approach, and interviewing the
local community. The results of the research, in general, people in
Lampur village carry out mining activities because of economic
interests so that this research provides information to the
community how important it is to protect the environment and their
own safety.
Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)
Introduction
Bangka Belitung Islands Province is a province located in Indonesia which consists of 2 main
islands namely Bangka Island and Belitung Island which are surrounded by small islands around it.
Bangka Belitung Islands Province has been established as the 31st province by the Government of the
Republic of Indonesia based on Law No. 27 of 2000 concerning the Establishment of Bangka Belitung
Islands Province. The province of Bangka Belitung is the result of the division of the province of South
Sumatra and the city of Pangkal Pinang as the capital. Bangka Belitung is known as one of the largest
tin producers in the world. Tin mining in Bangka Belitung is one of the main sources of income for the
community. 98% of the tin produced is exported to various countries, while the remaining 2% is used
for domestic industries. Bangka Belitung produces a large amount of tin with total production
reaching 76,400 tons in 2017 and an average of 60,000 tons and in the last ten years, 99% of all
Indonesian tin was produced by Bangka Belitung. Mining and natural resources are used for the
welfare of the people. Regulated in Law No. 3 of 2020 article 4 paragraph 1 and paragraph 2 which
explains that the state has the right to full control of non-renewable natural resources, for the welfare
of the people. The state is also responsible for processing existing natural resources in order to realize
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the welfare of the people. Likewise, local governments (provincial and district / city) carry out the
function of supervising and maintaining control of natural resources in their respective regions.
Indonesia also regulates the holders of rights to ownership of underground excavation materials.
Basically, land rights do not include rights to underground excavation. Underground excavation is
regulated by the government in the form of mining laws, in order to realize the welfare of the people.
Along with the development of mining on the island of bangka, there are various negative
impacts that can harm the local community, this is because almost all areas on the island of bangka
Belitung contain tin. Lampur Village is one of the villages that is the location of tin mining managed
by Pt tin. Lampur Village is located in Sungai Selan District, Central Bangka Regency, Bangka Belitung
Islands Province, Indonesia. The population of Lampur village is approximately 5000 people, with 1
village head starting with the border with the train to the border of air tugu. Lampur village has 3
hamlets, namely lampur hamlet, complex hamlet and air pasir hamlet. Lampur village is classified as
one of the villages that has quite a lot of content. Pt tin did mining for quite a long time in lampur
village, until Pt tin experienced a crisis and decided to move to muntok. When Pt Timah left lampur
village, Pt Timah had time to do reclamation, namely greening by planting acacia trees and sengon
trees, but it did not last long, because the community resumed mining. As a result, the community can
be said to have damaged the environment that has been attempted to be reclaimed. This is fairly
reasonable considering that most of the people of Lampur Village depend on tin mining for their
economic needs. The people of Lampur village have advantages in terms of mining because it has been
passed down from generation to generation from ancestors since decades. The mining carried out by
the lampur village community consists of residents' own land and there is also former land from Pt
Timah mining, which has been reclaimed by Pt Timah but the local community dismantled it again to
look for tin at that location. The kphp wants to reclaim the natural damage. However, the village does
not dare to fully guarantee the remaining assets, because the local community is also looking for tin
to survive, which is not a village asset.
At this time illegal Tin mining carried out by residents there are partners and some are not,
where there is also collaboration between Pt Timah and MSP and take Tin from lampur village but
there is no large scale in lampur village. The miners are also not based on permits in accordance with
the applicable law, namely Law no.4 of 2009 Article 67 Paragraph 1 reads "Regents / mayors provide
IPR, especially to local residents, both individuals and community groups and / or cooperatives"
based on interviews conducted by miners who do not meet the terms and conditions in accordance
with the law. Not only that, there is a lack of land clarity and a lack of understanding of the community,
so that people return to mining on the former Pt tin mining land. So that the village head does not
have the realm to stop people who want to do illegal mining on the land. Coupled with the thinking of
people who think instantly, not thinking about the natural damage caused by the mining.
In contrast to farming or gardening, it takes a long time to get a sizable profit, while tin mining
is faster because today can be tin today also the miners get money. Natural damage is definitely the
main impact of mining carried out by the community. Not only tin mining, but all those who carry out
mining activities are certain to damage nature. Regarding the matter of mining licenses, it can be
concluded that the community has constraints regarding funds, this is because if the community
wants to sell to partners the profits generated cannot be immediate. The community must follow
several existing procedures, while people who sell tin to collectors they immediately get profit at that
time. In addition, the price of tin at collectors is much higher than at Pt Timah. Because illegal tin
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mining does not meet safety standards, several cases of accidents related to illegal tin miners have
occurred, ranging from severed fingers, legs, and even deaths. But it cannot be accounted for because
it is illegal and has become a consequence that must be borne by the community itself. Therefore, the
impact caused by illegal mining is also quite large on environmental damage which has the potential
to also harm the surrounding community. The village head himself has not been able to prohibit the
community because of the basic needs of the community that must be met. However, there have been
efforts from village officials to urge the community to be more concerned about themselves and the
surrounding environment, such as conducting socialization about environmental damage and work
safety. Not all people in Lampur Village have jobs as tin miners, some people have turned into farmers
and entrepreneurs. The agricultural commodities in Lampur Village are mostly palm oil, coffee and
vegetables. As for entrepreneurship, there are peci that are widely known, there are also those who
open stalls and culinary businesses. The mining area in Lampur Village is not too disruptive to the
plantation area. At this time, residents who are still mining are mostly mining in the former Pt Timah
land. The impact seen at this time is more inclined to the community's economy, where the price of
tin is cheap. The cost used to mine tin does not match the selling price of tin obtained by the
community. For environmental impacts, there are several former mining sites that have become
community garbage dumps.
Previous studies have explored various aspects of tin mining. For instance, Yulianti et al. (2020)
analyzed tin mining's economic implications in Bangka Belitung, emphasizing its role in community
development. Meanwhile, Hadini et al. (2023) examined legal enforcement against illegal mining
activities, highlighting gaps in regulatory adherence and societal awareness. These studies
underscore the persistent conflict between economic dependence on tin mining and environmental
sustainability. However, prior research has largely focused on broader provincial trends without a
detailed investigation into specific communities affected by illegal mining and the resultant legal
frameworks for victim protection.
This study addresses the aforementioned gap by focusing on Lampur Village in Central Bangka,
a community heavily reliant on tin mining. Unlike earlier works, this research combines normative
and empirical methods to evaluate the legal protection available to communities impacted by
environmental damage due to illegal mining. The novelty of this study lies in its dual emphasis:
assessing the socio-legal dimensions of mining’s impact and proposing actionable recommendations
for community and governmental stakeholders.
The research problem is multifaceted. First, Lampur Village faces a socio-economic paradox;
while tin mining sustains livelihoods, it simultaneously causes severe environmental degradation.
Second, the persistence of illegal mining highlights inadequacies in legal enforcement and community
awareness. Lastly, the village’s dependence on tin mining reflects broader challenges in transitioning
to sustainable economic activities. These issues raise critical questions about the balance between
economic survival and environmental preservation, and the role of legal frameworks in mitigating
conflicts.
Through this study, we aim to provide an in-depth understanding of these dynamics, offering
insights into improving legal protection and promoting sustainable practices. This contribution seeks
to fill gaps in existing literature by addressing the specific challenges and opportunities within
Lampur Village.
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Materials and Methods
This research employs a normative-empirical approach, combining legal analysis with field
observations to comprehensively assess the issue of environmental damage caused by illegal mining
in Lampur Village. The normative aspect focuses on the analysis of applicable legislation, including
mining laws and environmental protection regulations. The empirical aspect involves direct
observation and interviews with affected community members to gather qualitative data on the socio-
economic and environmental impacts of illegal mining.
Research Type and Approach
The study adopts a qualitative research design to explore the legal and social dimensions of
illegal mining. The normative approach examines relevant legal frameworks, such as Law No. 4 of
2009 on Mineral and Coal Mining and regional regulations, while the empirical approach gathers first-
hand insights from local stakeholders. This dual approach ensures a balanced understanding of legal
provisions and ground realities.
Research Design
The research design integrates both normative and empirical methods to systematically
address the research objectives. First, legislative and regulatory texts were analyzed to identify the
legal protections available to communities affected by environmental damage. Second, fieldwork was
conducted in Lampur Village, where interviews with local residents, village officials, and other
stakeholders provided qualitative data on the socio-economic and environmental consequences of
illegal mining. Observations of mining sites further corroborated the data collected.
The implementation of this design involved the following steps:
1. Document Review: Collecting and analyzing legal texts, policy documents, and previous
research relevant to tin mining and environmental protection.
2. Field Observations: Visiting mining sites in Lampur Village to observe the current state of the
environment and the extent of illegal mining activities.
3. Stakeholder Interviews: Conducting semi-structured interviews with community members,
village leaders, and representatives of relevant organizations to understand the local context
and challenges.
4. Data Triangulation: Cross-referencing findings from document reviews, observations, and
interviews to ensure the validity and reliability of the results.
By employing this comprehensive research design, the study provides a nuanced
understanding of the legal and social implications of illegal mining in Lampur Village and offers
evidence-based recommendations for addressing the identified challenges.
Results and Discussions
Legal protection of communities affected by environmental damage due to illegal mining
Illegal mining without a license and not in accordance with procedures will certainly have
many impacts, especially negative impacts on the environment and society. Regarding legal
arrangements, it has been stated in the legislation that the government has the right based on mining
activities carried out by everyone to carry out mining activities because the state has the power to
control the earth, water and natural resources contained therein including mining.
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Communities affected by illegal mining have or have several forms of legal protection, namely:
(Pradiatmika et al., 2020)
a. Mineral and Coal Law
1) The Minerba Law (Mineral and Coal) is Law Number 3 of 2020 which contains:
2) IUP holders have an obligation to carry out reclamation and post-mining in order to
restore the environment that will have an impact on the environment and society.
3) IUP holders must deposit funds so that the reclamation process can take place.
4) Communities affected by environmental damage are entitled to compensation and
redress.
b. Lawsuits; Communities affected by illegal mining can file a lawsuit against the IUP holder and
the Government.
c. Regional Regulation (Perda)
Each region has its own regulations, the provincial / city / district regulatory policy in Bangka
Belitung is contained in Bangka Belitung Regional Regulation Number 7 of 2014 concerning Mineral
mining management. It also regulates the principles, objectives and scope of mineral mining
management as well as the provincial government's authority in the management and utilization of
mineral resources, mining areas, mining business licenses, temporary suspension of mining business
activities, mining data, mining service businesses, and land use for mining businesses. (Putri &
Prasetyo, 2021).
Bangka Belitung Provincial Regulation Number 7 of 2014 also regulates the rights and
obligations of reclamation and post-mining IUP holders, value-added enhancement, procedures for
submitting reports, local revenue, guidance and supervision, community development and
empowerment, education and training, investigation, sanctions, other provisions and closing
provisions. (Putri & Prasetyo, 2021). Communities affected by illegal mining can submit legal rocks to
Non-Governmental Organizations (NGOs) in Bangjka Belitung and the Community can also apply for
assistance to the Regional Office of the Ministry of Law and Human Rights. The Regional Office of the
Ministry of Law and Human Rights in Bangka Belitung provides services to underprivileged
communities.
Factors - Factors that Lampur villagers continue to carry out illegal mining
Bangka Belitung Islands, located near South Sumatra Province, can be categorized as the single
largest tin producer in Indonesia. (Yulianti et al., 2020).. The existence of tin ore minerals on the island
of Bangka Belitung can be said to be an advantage given by God Almighty to the island of Bangka,
which is not too broad but has extraordinary natural wealth. However, these advantages do not
always bring positive things, instead they become a source of serious impact on the bangka belitung
region. This began with the government's policy of allowing people to mine tin, which the government
intended to help people who were facing an economic crisis, tin mining carried out in the islands of
Bangka Belitung is an economic sector that is the backbone of community development in the Bangka
Belitung Islands. (Yanto et al., 2023) However, at this time the people of Bangka Belitung have
experienced progress in the economic field but still maintain illegal tin mining activities. This can be
proven by the people of Bangka Belitung who currently still depend on the economy on mining
activities, both partnered and unconventional mining, because almost every point of the island of
Bangka Belitung has the potential to contain tin seeds in it.
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Lampur village is one of the places rich in tin in its time, it cannot be denied that the existence
of tin beans is the livelihood of residents to support their daily needs in order to continue their
survival, People's mining is used as a means to meet daily needs through the utilization of existing
resources in the area. (Hadini et al., 2023). However, as we know that natural resources are non-
renewable resources, which cannot be relied upon in the long term. Until now, the people of Lampur
village still depend on illegal mining, this is because mining activities are not common for the people
of Lampur village, it is hereditary, which has been done by the people of Lampur village since Pt tin
and regional policies that allow tin mining. It cannot be denied that the people of Lampur village are
less concerned with the impacts that have been caused by mining, where there is environmental
damage that occurs in Lampur village due to illegal mining, but still the people of Lampur village
continue to carry out tin mining, this is driven by several factors, namely:
1. Economic Factors
Economic factors are the main factors that are appropriate to explain the situation of the people
of Lampur Village who still carry out illegal tin mining. Tin is the main sector in the Bangka Belitung
Islands, which can drive other sectors as well as lampur village, whose economic changes are driven
by tin mining. (Yola, 2021). Although at this time most of the community has switched their
livelihoods to plantations such as oil palm plantations, coffee plantations, and there are MSME
products in the form of peci made typical of lampur village, the village head of lampur village said that
currently there are other umkm product development products to encourage people not to depend
on uncertain natural resources. But until now illegal mining has not been stopped even though many
residents have switched livelihoods. Some local residents say that tin cannot be stopped even though
it has damaged the environment, this is because some residents still make illegal tin mining their main
livelihood.
2. Environmental factors
Environmental factors are very supportive factors for mining activities because not all regions
in Indonesia have the same natural resources. Lampur village is a strategic village for mining this is
because lampur village is a village rich in tin ore at that time therefore there was a tin Pt who did
mining but over time Pt tin left lampur village and after Pt tin was finished mining there were local
residents who looked for tin scraps and re-opened excavations from the land to get tin ore, this
happened because there was overlap over the ownership of the area which the village officials
themselves could not stop. Not only that, there are also residents who mine on their own land to fulfill
their daily lives.
3. Government Factors
The government is also a factor in this because, at one time there was a desire for reclamation
but this could not be done because there were people who were still mining and the government itself
had not been able to provide solutions related to the problems that occurred, where the need for more
jobs for the people of Lampur Village because their factor in mining was economic.
4. Community factors
Community factors can also influence this because community factors are still supported by an
ancient mindset, this community mindset is a factor in the community still conducting illegal tin
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mining. The average lampur village community thinks practically according to the village head of
lampur village if the community mines tin, the community can sell their tin directly to collectors and
get money while if the community who makes a living from plantations has to wait months to get
profits. And not all people have the capital to clear land and switch to plantations because it requires
considerable capital.
Conclusion
This research concludes that the socio-economic dependence on tin mining in Lampur Village
has created a cycle of environmental degradation and insufficient legal enforcement. Despite the
economic benefits, illegal mining practices have led to severe ecological damage and safety concerns.
The lack of effective implementation of legal frameworks further exacerbates these issues, leaving
communities vulnerable to both environmental and socio-economic challenges.
Through a combination of normative and empirical methods, this research highlights the
importance of legal protection and community awareness in addressing the adverse impacts of illegal
mining. The findings underscore the need for collaborative efforts between local governments,
community leaders, and stakeholders to implement sustainable practices and enforce regulations. By
providing alternative economic opportunities and fostering a culture of environmental responsibility,
it is possible to mitigate the negative impacts of illegal mining while promoting long-term
sustainability for the residents of Lampur Village.
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