ECOLOGICAL IDEALISM IN THE REGULATION OF TIN MINING IN BANGKA BELITUNG: REASONING ABOUT CRUCIAL ARTICLES

Abstract

The implementation of ecological ideals is crucial in the regulation of pollution and environmental damage in tin mining. This study undertakes a mapping and analysis to determine the extent to which the existing environmental regulatory framework about mining aligns with ecological ideals. A normative legal approach was utilised, and a comprehensive inventory of positive law was conducted to identify, rectify, and organise norms. The findings indicate that the allocation of mining permits remains a point of contention between regional and central governments, with the latter having resumed control after decentralisation. Additionally, current monitoring procedures are exclusively focused on legal matters, and law enforcement is limited to government officials within the bureaucratic structure. Corporate crime regulations are weak, and the exclusion and re-inclusion of mining in specific regulations pose challenges. Finally, the complex legal hierarchy further complicates these issues. In conclusion, the regulatory framework related to tin mining is not visionary and leaves gaps that allow for environmental damage and a continual increase in crime. This conclusion results from a review of current policies and may change if regulations are modified.