A coal barge passes through the waters of Muara Sungai Barito in South Kalimantan on Thursday (10/9/2015). Coal remains South Kalimantan’s main export commodity.
BANJARMASIN, KOMPAS — The South Kalimantan provincial government has closed all coal mining operations on Laut Island, Kotabaru regency, following public pressure and opposition. Three licensed mine operators that had carried out pre-exploitation activities have been asked to stop their activities.
Acting head of the South Kalimantan Energy and Mineral Resources Office, Hanif Faisol Nurofiq, said in Banjarmasin on Thursday (26/10) that mining operations on Laut Island were officially closed on Wednesday (25/10) after his office deployed a field inspection team.
"Based on the results of the field inspection, the companies violated Law No. 32/2009 on Environmental Protection and Management. They had not yet obtained environmental licenses, but had carried out preparatory mining activities by building access roads," Hanif said.
His office has asked the companies to stop their activities, which will be monitored continuously.
"Next week, the team will go back into the field again to check on latest developments. If the companies are still continuing their activities, the next step will involve law enforcement," he said.
Long opposition
Mohamad Erfan, the coordinator of the Community Movement for Preserving Laut Island Against Mining, said the local people had objected to mining on the island since 2000. Their objections had been rising from 2010 to the present.
"We will be guarding the government\'s policies related to mining on Laut Island," he said.
The Community Movement for Preserving Laut Island Against Mining consists of local figures, religious leaders, chairmen of community organizations, nongovernmental organizations, universities, village heads and fishermen. They expressed fear that Laut Island would see the same fate as the nearest island, Sebuku Island, which has been damaged by coal and iron ore mining operations.
"This island has potential for tourism, plantations, and agriculture. So stop mining," he said.
South Kalimantan executive director Kisworo Dwi Cahyono of the Indonesian Forum for Environment (WALHI) said the government must be strict in issuing coal mining licenses in South Kalimantan. About 50 percent of the province’s 3.7 million hectares had been permitted for mining exploitation and plantations.
"We appreciate the policy of the South Kalimantan provincial administration, but we ask the government not simply to close [their operations], but also to have the courage to revoke their licenses," Kisworo said.
Obey the verdict
Separately, the Padang Legal Aid Institute (LBH) has urged the West Sumatera governor to immediately follow up on the Padang State Administration Court’s ruling ordering that 26 operators in the region deemed not Clear and Clean (CnC) be stripped of their mining business licenses, which were still active and had not expired. The governor was given five days from the ruling to act.
Friday will be the last of the five days. The Padang LBH pointed out that it would take legal measures for criminal conduct if the ruling was not followed up.
Padang LBH director Era Purnama Sari said on Thursday (26/10) in Padang that after 10 court sessions since the trial opened on Sept. 19, 2017, the Padang State Administration Court (PTUN) had finally ruled on Saturday (21/10) in favor of their petition to revoke the mining business licenses of the 26 non-CnC companies.
In Ruling No. 2/P/FP/2017/PTUN-PDG, the Padang PTUN judges’ panel approved Padang LBH’s petition for a decision on the fictitious licensure receipts. The judges later ordered the governor to revoke the 26 problematic mining business licenses within five days of the ruling.
"After the ruling, the West Sumatera government said it would abide by it. However, we are still waiting for its concrete realization," Era said.
Separately, West Sumatera Legal Bureau Secretariat head Enifita Djinis and West Sumatera Energy and Mineral Resources Office head Heri Martinus both said that the ruling had not been followed up because they were still waiting for a copy of the official ruling. "The follow-up will surely be carried out after we receive the PTUN ruling," said Enifita.
Era said the Padang LBH hoped the government would immediately act on the court\'s ruling, because it was a legally binding obligation. There was no reason for the governor to delay on the grounds that he had not received a copy of the ruling.
