Juridical Analysis of Mining Companies' Responsibility for the Implementation of Reclamation and Post-Mining Activities in Indonesia

Abstract

Mining activities make a significant contribution to national economic development but also have the potential to cause environmental degradation if reclamation and post-mining obligations are not properly implemented. This study aims to analyze the legal framework governing the responsibility of mining companies in implementing reclamation and post-mining activities in Indonesia and to examine the legal liabilities imposed on companies that fail to fulfill these obligations. This research employs a normative juridical method using statutory and conceptual approaches. The legal materials consist of legislation, books, and relevant scientific journals, which are analyzed qualitatively. The findings indicate that the responsibility of mining companies has been comprehensively regulated under Law Number 3 of 2020 concerning the Amendment to Law Number 4 of 2009 on Mineral and Coal Mining, Government Regulation Number 78 of 2010 concerning Reclamation and Post-Mining, and Law Number 32 of 2009 concerning Environmental Protection and Management. Companies that fail to carry out reclamation and post-mining obligations may be subject to administrative sanctions, civil liability, and criminal liability in accordance with the applicable laws and regulations. Nevertheless, the effectiveness of these legal responsibilities remains constrained by weak supervision and inconsistent law enforcement. Therefore, strengthening supervisory mechanisms and ensuring consistent enforcement of sanctions are essential to achieve sustainable and environmentally responsible mining governance.