The Implementation of Parliament

Rules Number 8 of 2013 About

Reclamation and Post-Mining
SUPERVISORY COMMITTEEExecution
OF RECLAMATION AND POST-MINING
(KALTIM GOVERNOR REGULATION NUMBER 53 OF 2015)
Article 1
Supervisory Committee of Reclamation and local post-mining which is
then called as Committee is an independent institution that helps
reclamation and post-mining in East Borneo Province.
Article 2
(1)The Committee is aimed to hold maintenance of all reclamation
and post-mining activities in a region covering:
a. Planning
b. Implementation, and
c. Responsibilities
Article 3
(1)Committee is formed and appointed by Governor Consideration
(2)Committee is an independent institution behalf Governor
(3)Committee is specifically formed through selection process for
professionals or experts and the assignment for civil servant in
the relevant field

Article 6
(1) Committee consists of 7 (seven) people that are
one chairperson, and six members
(2) Committee tenure as mentioned in clause (1) is
two 2 (two) years and can be elected again for one
(1) tenure
(3) Committee members consist of 3 (three) people
from civil servant and 4 (four) people through
selection process.
Article 10
Reporting Division Duties:
a. Receive report of negative impact allegation from
reclamation and post-mining
b. coordinating the report that has been received
from document verification division and
investigation division , and
c. Submit control result
1 to the authorized institute if there is any
administration violation

The Implementation of Parliament Rules

Number 8 of 2013 About Reclamation and
Post-Mining Execution
MINING INSPECTORS (GOVERNMENT
REGULATION NUMBER 55 OF 2010)
Article 36
(1)Mining Inspectors control is done through:
a. Periodic or anytime report evaluation,
b. Periodic or anytime checking, and
c. Assessment toward a success of program
or activity execution
(2) In the control as mentioned in clause (1),
Mining inspectors do inspection,
investigation, and examination

Continued

Article 6
(3) In doing inspection, investigation and examination
as mentioned in clause (2), mining instructor have
the authority to:
a. Enter the mining location anytime
b. Temporarily suspend some part or all of mineral and
coal mining activities if mining activities are
assessed able to endanger the safety of workers /
miners, public safety, or to cause pollution and / or
environmental damage; and
c. proposed a temporary suspension as mentioned in
point b becomes permanent stop for the mineral
and coal mining activities to the Chief of Mining
Inspector

Problems in Controlling Mining

Inspector Execution
Lack of
Budget
Ineffective
Maintenance
Lack of
personnel

Implementation of Parliament Rules No. 8 of

2013 About Reclamation and Post-Mining
Execution

The authorization of Parliament Rules No. 8 of 2013 about

Reclamation and Post-Mining Execution aims to
company that undertakes reclamation and post-mining
in mining area. However until now, this Parliament Rules
have not assumed to give significant impact and
influence for the mining company to undertakes
reclamation and post-mining.
Government is still assumed not strict to set the right
parliament rules. After authorizing the Reclamation and
Post-mining Parliament Rules to be a legal protection
that set criminal sanctions for the environmental
destruction, Government should be able to give
warning, reclamation command, revoke licenses, even
penalize companies that violate this regulation.

The low commitment

from local government
Lack of budget
The weak follow-up
evaluation on the
Parliament Rules that has
been authorized

Constrain Factors in
Policy Implementation

Lack of Infrastructure
Lack of Personnel

Lack of the
regulation
socialization
Mining condition is
globally in drops