The International Conference on Environmental and Mining Law is a result of collaboration between the Master of Laws programs at Bangka Belitung University, Semarang State University, Semarang University, and Hassanudin University. The conference aims to address current issues in the fields of environmental and mining law. The event includes a conference involving legal experts, academics, and practitioners, as well as the compilation of proceedings to share the latest research and ideas. This conference provides a valuable platform for discussion, collaboration, and the expansion of knowledge regarding the role of law in environmental preservation and the regulation of the mining sector. Thus, this conference contributes to the development of a deeper understanding of environmental and mining law in a global context.
The environment is, fundamentally, a divine gift from the Almighty encompassing all of His creations, both living and non-living, large and small, mobile and immobile. Therefore, it can be said that the environment is a source of sustenance for human life. These resources have highly complex natures and characteristics, filling every element in the natural world. The Unitary State of the Republic of Indonesia is blessed with abundant natural resources and energy. Among them, the potential of mineral resources stands as one of Indonesia's natural treasures. If managed properly, it can contribute significantly to the nation's economic development.
In this regard, the government, as the steward of these resources, in accordance with the mandate of the 1945 Constitution of the Republic of Indonesia, must regulate their use to prevent wasteful exploitation and optimize revenue from resource utilization. This is essential to maximize the benefits for the people's prosperity and to regulate the sustainability of the surrounding natural environment. Mineral resources, particularly in mining, have their unique characteristics: limited distribution locations and sizes, they are found beneath the Earth's surface at various depths, can be mined only once as they are non-renewable, have a limited utilization period (only a few years), and pose environmental risks if not managed in accordance with the proper procedures and guidelines. Thus, post-mining efforts are required to address the environmental conditions for the sake of future generations. In this context, environmental law plays a central role in regulating resource management as a set of regulations governing environmental protection and management.
Article 1 of Law Number 32 of 2009 defines the environment as a unified space containing all objects, forces, conditions, and living creatures, including humans and their behavior, that affect nature itself, the continuity of life, and the well-being of humans and other living creatures. Environmental protection and management involve systematic and integrated efforts to preserve the environmental functions and prevent environmental pollution and/or damage through planning, utilization, control, maintenance, supervision, and law enforcement. Environmental management is an integrated, comprehensive, and integral effort to preserve environmental functions through planning, utilization, development, maintenance, restoration, supervision, and control.
These regulations not only govern human-to-human relationships but also regulate human interactions with their environment. For instance, they guide efforts to ensure that natural resources are used wisely and responsibly to preserve their sustainability. The exploitation of mining resources must adhere to specific procedures and requirements outlined in various legislations governing mining activities.
The provisions of the Republic of Indonesia Law Number 3 of 2020 regarding Minerals and Coal Mining, Article 1, Number 1, describe mining as all or part of the stages of activities related to research, management, and utilization of minerals or coal, including general investigations, exploration, feasibility studies, construction, mining, processing and refining, transportation and sales, as well as post-mining activities. However, it cannot be denied that mining also presents several important issues and challenges, including policy uncertainty, illegal mining, conflicts with local communities, and conflicts between the mining sector and other sectors.
In many areas across Indonesia, unauthorized mining activities have caused losses both to communities and the state. Unauthorized mining activities essentially fulfill the elements that can be criminally prosecuted. These elements include acts that have formally met the requirements set forth in the Criminal Code and other criminal laws, and they have a material element that is contrary to the goals of societal interaction or a criminal nature.
Considering the societal issues related to the environmental impacts of mining activities, the Faculty of Law at Bangka Belitung University initiated the second international conference program to examine and address environmental and mining law issues through academic research. The overarching theme of the conference is "Sustainable Futures: Advancing Environmental and Mining Law for Civilizational Harmony." The sub-themes include:
1. Environmental and Mining Criminal Law;
2. Mining Company Law;
3. Environmental Law and Local Wisdom;
4. International Environmental Law and Good Mining Practice;
5. Authority and Licensing Law in Mining Environmental Issues.
The Second International Conference on Environmental and Mining Law (ICTA II-MiL) will be held in a hybrid format, with the following details:
Event Agenda (Timezone: Western Indonesia – WIB)