KONSTRUKSI HUKUM DALAM PENYELESAIAN SENGKETA PENAMBANGAN ILEGAL/ ILLEGAL MINING DI INDONESIA: FOKUS PADA KASUS TAMBANG BATU BARA ILEGAL DI KALIMANTAN

Abstract

Illegal mining is a strategic issue in natural resource management in Indonesia, particularly in Kalimantan, known as the center of national coal production. Illegal coal mining activities not only result in lost state revenue but also cause significant environmental damage, such as water pollution, biodiversity destruction, and improperly reclaimed mine pits. This study aims to examine the legal framework for resolving disputes related to illegal mining practices, focusing on cases in Kalimantan.The research method used is a normative juridical approach, examining provisions in the Mineral and Coal Mining Law, the Environmental Protection and Management Law (PPLH), and various derivative regulations related to mining governance. Furthermore, this study adopts a case-by-case approach to examine patterns of illegal mining practices in the field, including the modus operandi, the actors involved, and obstacles to law enforcement. The results show that the Indonesian legal framework provides a comprehensive set of tools to address illegal mining through criminal, administrative, and civil mechanisms. However, in practice, several issues arise, such as weak oversight, overlapping authority between the central and regional governments, and potential conflicts of interest, which hinder optimal law enforcement. This study also found that the actors most frequently prosecuted are those involved in the field, while financiers and large corporations, who reap the greatest profits, are often untouchable by the law.Through an analysis of dispute resolution approaches, this study proposes a more ideal solution concept by encouraging strengthened corporate accountability, increased transparency in digital monitoring systems, the application of the principle of strict liability in cases of environmental damage, and the establishment of a special task force to prosecute the illegal extractive sector. Thus, the resolution of illegal mining disputes will not only focus on legal action but also on environmental restoration and the protection of the rights of affected communities.