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Compliance of Reclamation and Post-Mining Fund Placement in Indonesia

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Mining activities can be a big threat to environmental sustainability. This is due to mining activities that can change land topography and leave an impact in the form of mine pits. To restore the function of land and environmental ecosystems, business actors are required to implement reclamation and post-mining activities. Reclamation and post-mining become a whole component of mining activities as a form of implementation of good mining practices.

Reclamation and post-mining must be planned before performing mining activities, including placing the reclamation and post-mining fund through a joint account between business actors and the government as the licensor (both central and provincial government). The placement of reclamation and post-mining fund functions as a manifestation of the company’s responsibility and commitment to manage and overcome environmental impacts, both from exploration, production, and post-mining phase activities.

This policy brief outlines several issues related to the placement of reclamation and post-mining fund, whether in terms of company compliance, weakness in the process, disbursement, and coordination function between central and provincial governments. This policy brief also describes the impact of disobedience or not overcoming problems related to the placement of reclamation and post-mining fund. This brief also provides recommendations, both in policy as well as institutional aspects to improve the whole mining governance.

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Compliance of Reclamation and Post-Mining Fund Placement in Indonesia

  1. 1. November 2018 1 | POLICY BRIEF www.pwyp-indonesia.org HTTPS://PWYP-INDONESIA.ORG PolicyBrief Table of contents • Findings • Recommendation • Background • Low Compliance of Reclama- tion Fund Placement • Reclamation Fund Placement and Potential State Losses • Ineffective Law and Regulation Enforcement • Data and Administration of Fund Placement • Coordination between the Central and Provincial Gov- ernment in Disbursing the Funds • Weak of Supervision Function Due to Limited Capacity of Mine Inspector • Reference 60% or 1,569 from 2,579 IUP holders (domestic investors) don't deposit reclamation fund (Directorate General of Mineral and Coal, July 2018) Findings 1. 60% or 1,569 out of 2,579 IUP holders (domestic investors) do not deposit reclamation fund (Directorate General of Mineral and Coal (Ditjen Minerba), July 2018). 2. The capacity of supervisory staff is still minimal in terms of implementing reclamation and post-mining. Of the 7,464 existing IUPs, there are only 260 mine inspectors as a supervisory staff. There are limitations and constraints in managing the budget for mine inspectors to support the implementation of oversight function. Therefore, it’s difficult to monitor the implementation of reclamation and post-mining. 3. Low compliance in the reclamation and post-mining funds placement is potentially causing a burden on the state budget, which if it’s prolonged, it can actually lead to state losses. 4. The transition process from regency /city experiences a number of constraints, both in handing over authentic documents and disbursing the funds of reclamation and post-mining. 5. Enforcement of violations related to the obligation of reclamation and post-mining fund placement is still weak. Application of sanctions, both administratively or criminal, has not been applied firmly and effectively to the IUP holders that has not met the reclamation and post-mining requirements. Recommendations 1. Improving the licensing through strict enforcement of regulations 2. Curbing IUPs that have not placed reclamation and post-mining fund and followed by an effective and continual law enforcement. 3. Increasing the number of mine inspectors for a stronger reclamation and post- mining monitoring. 4. Accelerating the transferring process of reclamation and post-mining fund from the district/city for a more effective fund disbursement. Compliance of Reclamation and Post-Mining Fund Placement in Indonesia By: Andri Prasetiyo, Liza Mashita Ramadhania Reviewed by: Maryati Abdullah “
  2. 2. 2 | POLICY BRIEF www.pwyp-indonesia.org Background Mining activities can be a big threat to environmental sus- tainability. This is due to mining activities that can change land topography and leave an impact in the form of mine pits. To restore the function of land and environmental eco- systems, business actors are required to implement recla- mation and post-mining activities. Reclamation and post- mining become a whole component of mining activities as a form of implementation of good mining practices. Reclamation and post-mining must be planned before per- forming mining activities, including placing the reclama- tion and post-mining fund through a joint account between business actors and the government as the licensor (both central and provincial government). The placement of rec- lamation and post-mining fund functions as a manifesta- tion of the company's responsibility and commitment to manage and overcome environmental impacts, both from exploration, production, and post-mining phase activities. Until now, the implementation was in fact often far from expectations, there are still numerous mine pits in Indone- sia that has not been restored. The environmental changes caused by mining activity still leave a handful of problems. For example, mining activity has resulted in degradation and conversion of land around 100,000 hectares (Mong- abay, June 2018). Meanwhile, floods and damaged water systems hit several villages in Samarinda, East Kaliman- tan due to the negligence of reclamation and post-mining. Most of the mining permits are in Samarinda located near residential areas, and not rarely do residents complain of flooding and pollution around the residential area. Moreover, lots of ex-mine pits (whether in the post-mining as well as the production phase) is overlooked without be- ing reclaimed. Even until this report was in a process of writing, a pit of coal mines in East Kalimantan has caused 31 victims who live around the mining area. The increase of this death rate reflects that many parties - both from the business side as well as the government tend to ignore the situation. Victims and economic as well as social losses are only resolved through mediation alone, without law en- forcement, there will be no significant results to improve the implementation of the reclamation and post-mining obligation in this sector. Therefore, mining management that is prioritizing the sus- tainable principles must be implemented, so that environ- mental sustainability aspects are maintained. The obligation for reclamation and post-mining is regulated by Ministerial Regulation (Permen) Number 26 of 2018 concerning Im- plementation of Good Mining Principles and Mineral and Coal Mining Supervision, where it regulates requirement of fund deposit for reclamation and post-mining as part from the application for a mining business permit (IUP). Though in fact the regulation has not yet been implement- ed maximally – seeing the fact that the compliance of IUP holder is still low in a matter of placing reclamation and post-mining funds (Korsup Minerba KPK, 2014). This has made efforts to restore ex-mining land become difficult to be achieved, thus this shall cause serious impacts on envi- ronmental and social aspects. This policy brief outlines several issues related to the place- ment of reclamation and post-mining fund, whether in terms of company compliance, weakness in the process, disbursement, and coordination function between cen- tral and provincial governments. This policy brief also describes the impact of disobedience or not overcoming problems related to the placement of reclamation and post- mining fund. This brief also provide recommendations, both in policy as well as institutional aspects to improve the whole mining governance.
  3. 3. 3 | POLICY BRIEF www.pwyp-indonesia.org Low Compliance of Reclamation Fund Placement The company compliance to deposit the reclamation and post-mining fund is still very low. As an illustra- tion, until June 2018, out of a total of 2,579 IUPs were recorded in 33 provinces, there are still 1,569 IUPs that have not complied with the obligation to place reclamation fund or about 60% of the total existing IUP. This in- dicates poor compliance, with only 1,010 of 2,579 IUPs placing guarantee funds (Ditjen Minerba, July 2018). Table 1 IUP that has not fulfilled the Obligation of Reclamation Fund Province Total of IUPs that has not been fulfilled obligation of reclama- tion fund Aceh 13 Banten 4 Bengkulu 9 DI Yogyakarta 1 Gorontalo 14 Jambi 40 West Java 27 Central Java 4 East Java 4 West Kalimantan 75 South Kalimantan 62 Central Kalimantan 118 East Kalimantan 147 North Kalimantan 10 Bangka belitung 337 Riau Island 27 Lampung 13 Province Total of IUPs that has not been fulfilled obligation of reclama- tion fund Maluku 6 North Maluku 103 West Nusa Tenggara 16 East Nusa Tenggara 85 Papua 17 West Papua 15 Riau 13 West Sulawesi 3 South Sulawesi 29 Central Sulawesi 102 Southeast Sulawesi 176 North Sulawesi 8 West Sulawesi 40 South Sumatera - Bengkulu 1 North Sumatera 6 Total 1525 Source: Ministry of Energy and Mineral Resources (ESDM), 2018 (recompiled) This problem shows that mining governance facing seri- ous problems, which will have an impact on social and environmental conditions. The operation of IUP without placing reclamation and post-mining fund is a portrait of the weak licensing process and poor monitoring system. The company that has violated regulations and standards of mining activity is actually allowed to slip off from the procedure, even continue to freely carry out its opera- tions. In fact, the absence of reclamation and post-mining fund made the status of the IUPs as Non-Clean and Clear (CNC), which means the activities automatically must be stopped until obtaining CNC status or otherwise the IUP must be revoked.
  4. 4. 4 | POLICY BRIEF www.pwyp-indonesia.org Reclamation Fund Placement and Potential State Losses The Director General of Mineral and Coal of Energy and Mineral Resources (Dirjen Minerba) (July 2018) has re- corded that there were almost 8 million hectares of mine pits that have not been reclaimed and this non-compli- ance can create potential large state losses. For example, there are findings that stated a state loss due to the min- ing sector in North Kalimantan which allegedly reached 201 billion rupiahs caused by 45 companies who have not deposited post-mining fund guarantees (Tribun Kaltim, March 2018). In fact, 45 of these companies also in arrears of non-tax revenue payment obligations. This condition is also found in Aceh, where about 4 hectares of mine pits in the Nagan Raya District are not reclaimed since 2012 (Tribun Aceh, July 2018). Potential state losses due to the low level of fund place- ment for reclamation and post-mining are also described through the 2015 EITI Reconciliation Report. EITI Indo- nesia requires mining companies to report data on recla- mation and post-mining funds as one component of the company’s financial information. However, the fact that out of 123 mining companies that are included in the rec- onciliation report in 2015, only 38 companies have sub- mitted data on the payment of reclamation fund and 11 companies for post-mining fund. This shows that mining companies still reluctant to open the information about reclamation and post-mining fund. Figure 1 Provisions for Reclamation Fund Placement Source: Extracted from Appendix VI ESDM Ministerial Decree No. 1827 K / 30 / MEM / 2018 (PWYP Indonesia, 2018) Table 2 Summary of the Reclamation and Post-Mining Fund Reported in the 2015 EITI Reconciliation Report Form of Funds Rupiah (in millions) USD (in thousands) Reclamation Fund 389,432 61,584 Post-Mining Fund 49,837 12,710 TOTAL 439,269 74,294 Source: EITI 2015 (recompiled) The absence of reclamation and post-mining funds have harmed the safety and economic activities of surrounding com- munities. For instance, agricultural and livestock activities. The state budget are then utilized to address those social and environmental impacts. Thus, it leads to a huge burden for state budget and even impose a detrimental impact to the state.
  5. 5. 5 | POLICY BRIEF www.pwyp-indonesia.org Figure 2 Provisions for Post-Mining Fund Placement Source: Extracted from Appendix VI ESDM Ministerial Decree No. 1827 K / 30 / MEM / 2018 (PWYP Indonesia, 2018) Ineffective Law and Regulation Enforcement Other issues related to the obligations of reclamation and post-mining is poor regulation enforcement. Government Regulation (PP) No 55 Year 2010 has mandated both the Ministry of ESDM as well as Local Government to oversee reclamation and post-mining activities, one of which is by giving sanctions for mining companies who conduct a vio- lation. In fact, the Ministry of ESDM, through the Dirjen Minerba has applied administrative sanctions to all com- panies that have not placed reclamation fund, starting from the warning letter to the temporary suspension. However, this measure still does not appear to be effective. The Dirjen Minerba has issued the first written warning let- ter in April 2015, mandating the provincial government to report the IUP holders who have not placed reclamation and/or post-mining fund. It’s recorded that 8,166 IUP hold- ers have not fully met said obligations. Those IUP holders were asked to place the fund no later than 10 October 2015. Another letter issued by the Dirjen Minerba in 2017. Letter No. 1186/30 / DJB / 2017 mandates the provincial govern- ment to temporarily suspend mining companies that do not comply with reclamation and post-mining obligations. However, the follow-up of this letter is still slow in the re- gions. 14 provinces have not yet followed up the sanctions for temporary suspension, according to the letter of Ditjen Minerba per 23 January 2018. Moreover, there are five provinces that have no data at all regarding the reclamation and post-mining funds (Ditjen Minerba, June 2018). The situation above illustrates inefficient coordination and poor consolidation between central and provincial gov- ernment. Also, it’s clearly indicates the ineffectiveness of such measure to increase the level of compliance of recla- mation and post-mining regulation. Given the prolonged problems, the government should immediately enforce the sanctions to revoke IUP which does not immediately place reclamation and post-mining guarantee as stipulated in the Permen 26/2018. The government has composed a number of recommen- dations for provinces that still have not submitted data on the reclamation and post-mining fund. Ditjen Minerba has coordinated with the Coordinating Ministry for Political, Legal and Security Affairs in Palangkaraya, Palu, and Pe- kanbaru, and has produced a number of recommendations to discipline the provinces that still have problems with their reclamation and post-mining obligations. These rec- ommendations include: a. Establish an integrated team / task force in each province, with the budget charged to the budget (APBD) of each province; b. Strict law enforcement specifically for unlicensed mining; c. Prioritizing the issue of post-mining fund placement by rock miner community given its short time mining period; d. IUP data collection is to be carried out in more detail to synchronize data in the central and provincial governments;
  6. 6. 6 | POLICY BRIEF www.pwyp-indonesia.org This issue also needs to be considered as not a mere ad- ministrative violations. Conducting mining activities without carrying out the obligation to restore disturbed land also has numerous impacts that goes beyond the is- sue of licensing governance, but also environment and socio-economic aspects. The low level of compliance and orderliness of mining companies to meet the reclamation and post-mining obligations indicates that law enforce- ment through administrative sanctions is not enough. Provisions regarding reclamation and post-mining obli- gations have not been able to accommodate law enforce- ment for violations of the obligations of reclamation and post-mining. Ideally, such violations must be processed through corporate criminal acts. The Mineral and Coal Mining Law itself does not accommodate criminal provi- sions for perpetrators of environmental damage. However, in accordance with the meaning of accountability from the principle of strict liability, that it is appropriate for mining companies that caused environmental damage to be re- sponsible to restore as its function. Thus, the government also needs to use criminal functions as a mean to enforce the law. Data and Administration of Fund Placement It is necessary to evaluate the monitoring of the compli- ance of reclamation and post-mining fund placement. An- other obstacle in the monitoring system is that the place- ment of reclamation and post-mining fund is still carried out manually with limited personnel. Thus, it takes a long time to check and update the data submitted by the pro- vincial government. Data is still a major problem in improving the reclamation and post-mining systems. There is no online integrated monitoring system between the Ministry of ESDM and the Provincial Agency of ESDM to monitor the placement of reclamation and/or post-mining fund. Monitoring is still carried out independently by each ESDM Agency, while the placement status is reported to the Ditjen Minerba through the submission of data by mail and/or submission of data directly at the time of supervision. In this regard, the Ditjen Minerba seeks to develop a periodic reporting system to facilitate the supervision of the placement of rec- lamation and post-mining fund that is integrated with the Provincial Government in the context of implementing Article 54 of Permen 26/2018. The handover of data and documents regarding the fund placement is also one of the hot topics and problems in the process of handing over/transferring personnel, fund- ing and facilities as well as documents (P3D) from the Regency/City to the Province in the transition process of implementing Local Government Law No.23 of 2014. Constraints faced include, in some areas, the handover of data recapitulation is not followed by the handover of documents. Consequently, the funds can’t be disbursed, and remains unused. Or if it can be used, the disbursement process takes time because it requires the approval of the official who was previously registered as the bank account holder in the Joint Account.
  7. 7. 7 | POLICY BRIEF www.pwyp-indonesia.org 1 According to KPK research in 2017, found that Lingga Regency, Riau Islands Province should have received 517 billion. However, only 19.9 billion were deposited. The remaining 497.1 billion is unknown The enactment of Law No. 23 of 2014 has implications for the mining sector. The law mandates the delegation of min- ing licensing authority from regents to governors. It’s also followed by the P3D, in which the district also need to del- egate the personnel, financing, facilities, and infrastructure, as well as documents to the province. The transfer of authority, on the one hand, is considered as the right momentum because it coincides with the curbing process that is being carried out through coordination and supervision of the KPK with the relevant ministries, insti- tutions and provincial governments. Placing the licensing authority at the provincial level is considered to shorten the range of coordination. It is expected to control the number of permits that have exceeded the capacity of government supervision. Although on the other hand, the motive for rent-seeking between licensing and local elections is not necessarily able to be resolved properly. In addition, the regions also often do not have clear data regarding the recapitulation of records and placement of funds (EITI Indonesia, 2016). According to the 2015 EITI Indonesia Reconciliation Report, the total number of na- tional reclamation funds deposited by both the Ditjen Minerba and the Local Government is not published. As a result, data on reclamation and post-mining fund at the regions are difficult to specify. This problem is increasingly complicated because the provincial government is also dif- ficult to trace precisely about the existence of these funds. In this case, not a few funds were allegedly spread in private accounts or even on personal behalf outside of government accounts. Related to this, efforts to verify and reconcile between cen- tral and provincial government are clearly a necessity. This verification and reconciliation effort are important to be immediately carried out by the government and ensured that the process is not prolonged. If not, then the condition will have a serious impact on various other aspects within the scope of mining governance. As an illustration, today, many of the reclamation and post- mining funds are still stored in the bank. The bank (where the funds are placed) is reluctant to withdraw or move the fund due to unclear mechanism of disbursement and transfer. Furthermore, another reason is the absence of a reclamation plan document as a reference for the process of transferring funds. The delays in the process of transferring authority have also affected the reclamation and post-mining funds. Until now, there are still many reclamation and post-mining funds that have not been transferred from the Regency / City to the name of the Province. This causes problems in a number of fundamental aspects, for example: making it difficult to ver- ify and monitor IUPs that have placed funds, so that later it can complicate the disbursement process when the IUP has entered the reclamation and post-mining phases. Coordination between Central and Provincial Government in Disbursing the Funds
  8. 8. 8 | POLICY BRIEF www.pwyp-indonesia.org Weak Supervision Function Due to Limited Capacity of Mine Inspectors Reclamation and post-mining compliance can actually be improved by empowering the capacity of mine inspectors and PPNS (Civil Servant Investigators) as the executors of the supervisory function. The duties of mine inspectors include supervision in terms of administration and field inspections of environmental management, reclamation, and post-mining. However, the readiness of the supervi- sory staff is in fact inadequate. Of the 7,464 existing IUPs, there are only 260 mine inspectors (Ditjen Minerba, Octo- ber 2018). For example, there are only 38 mine inspectors in East Kalimantan to oversee 1,010 IUPs (ESDM Agency of East Kalimantan Province, August 2018). This shows that the number of permits supervised is not comparable with the number of supervisors that exist. Picture 3 The Report and Disbursement of the Reclamation Fund on Production Operation Phase Source: Extracted from Appendix VI ESDM Ministerial Decree No. 1827 K / 30 / MEM / 2018 (PWYP Indonesia, 2018) Moreover, the disbursement of reclamation funds in the regions is also an obstacle in the implementation of rec- lamation and post-mining, as complained by the ESDM Agency of South Sumatra Province. The disbursement of reclamation and post-mining funds which were placed be- fore the enactment of Permen 26/2018 is difficult to do, considering reclamation and post-mining funds still use bank guarantees, which are considered difficult to dis- burse. The same problem was found in Riau Islands Province, where reclamation and post-mining fund still settling at the district level (Tribun Batam, June 2018). In the KPK's findings, there were more than 233 billion post-mining funds that settled in several districts in the Riau Islands Province, where the funds were circulated and used as cap- ital by the bank concerned. Therefore, the KPK in the joint meeting instructed that the funds must be transferred no later than the end of 2018. Meanwhile, the Minister has instructed that all reclamation funds held in local govern- ment-owned banks must be transferred to state-owned banks (BPK Riau Province, March 2018).
  9. 9. 9 | POLICY BRIEF www.pwyp-indonesia.org Picture 4 Duties and Authorities of Mine Inspectors Source: ESDM Agency of East Kalimantan Province, August 2018 Mining monitoring budget which has been allocated by the provincial government could not be used for the op- eration of mine inspectors due to the transfer of oversight function to the central government. From legal perspec- tive, this transfer authority hampers the provincial govern- ment to act in a decisive manner. Importantly, this transfer also leads to a decrease number of mine inspectors. Many mine inspectors apply for transfer to be structural employ- ees (compared to functional) due to the unclear function, budget, and coordination after the transfer of oversight au- thority to central government. So that, of course, this can lead to weak supervision in the regions. The number and quality of mine inspectors also affect other aspects of supervision. In addition to administra- tive supervision, mine inspectors are also responsible for overseeing environmental safety in the mine area. Non- reclaimed environments have the potential to be danger- ous for safety, so there needs to be increased supervision of mine pits. Given the comparison between the number of inspectors and the size and number of permits, it is neces- sary to add mine inspectors, both in quantity and quality.
  10. 10. 10 | POLICY BRIEF www.pwyp-indonesia.org Recommendation 1. Improving the licensing through strict enforcement of regulations. Improvements in the licensing system are encouraged through strengthening standards and regulations on ap- plicants for IUP. It can be ascertained by strong due diligence process in the assessment process before permit is issued. This step was taken so that the IUP applicants who did not meet the procedures and basic conditions could not pass to carry out their operational activities. 2. Curbing IUPs that have not placed reclamation and post-mining fund and followed by an effective and continual law enforcement. The government needs to immediately curb (including through a letter of warning and revocation) IUP that has not placed reclamation and post-mining fund as a firm law enforcement measure. Not only that, Ditjen Minerba also needs to ask the Governor not to provide services to IUPs that have not placed the funds. Criminal acts against violations in the mining environment also need to be implemented by the government, one of which is by formu- lating policies related to the implementation of disincentives in the form of fines to mining companies who are negligent in fulfilling the obligations of reclamation and post-mining. The application of sanctions also needs to be supported by improving government performance in evaluating reclamation and post-mining phases so that min- ing companies do not only put the funds in place, but also continue to carry out their commitments in accordance with good mining practices; 3. Increasing the number of mine inspectors for a stronger reclamation and post-mining monitoring. The government needs to increase the empowerment of supervisory staff, both through budget readiness and train- ing of mine inspectors to increase supervisory capacity. Improvement of the capacity and quantity of mine inspec- tors is expected to increase the oversight of the overall reclamation and post-mining. This strengthening effort must also be accompanied by clarity of lines of coordination and authority in the duties and functions of the mine inspector and PPNS so that supervision and law enforcement for good mining governance can be firmly enforced. 4. Accelerating the transferring process of reclamation and post-mining fund from the district/city for a more effective fund disbursement. The government needs to accelerate the process to handover the reclamation and post-mining fund so that the fund disbursement can be immediately carried out. These efforts can be done by encouraging the process of verification and reconciliation of data at the local level comprehensively. This is important to ensure the authority transition process becomes smoother and the quality of mining management will be better. Thus, efforts to move the licensing authority from district to province will not be a failed step that will only move the level of the problem. If these ef- forts are slow or deadlocked, the provincial government can be encouraged to review all plans and funds placement for all IUPs in their jurisdiction. # References Direktorat Jenderal Minerba dan Batubara, Kementerian Energi dan Sumber Daya Mineral. 2018. Kebijakan Tata Kelola Pertambangan Batubara di Indonesia. Bahan Paparan Focus Group Discussion – Peta Permasalahan dan Tata Kelola Pertambangan Batubara di Indonesia. Jakarta, 22 Februari 2018. Direktorat Jenderal Mineral dan Batubara, Kementerian Energi dan Sumber Daya Mineral. 2018. Tindak Lanjut Korsup Minerba dan Korsup Energi 2017. Bahan Paparan Direktorat Jenderal Mineral dan Batubara. Jakarta, 24 Januari 2018. Direktorat Jenderal Mineral dan Batubara, Kementerian Energi dan Sumber Daya Mineral. 2017. Tindak Lanjut Penyelesaian Penata- an IUP di Pulau Sumatera. Bahan Paparan Direktorat Jenderal Mineral dan Batubara. Padang, 19 Oktober 2017.
  11. 11. 11 | POLICY BRIEF www.pwyp-indonesia.org Direktorat Jenderal Mineral dan Batubara, Kementerian Energi dan Sumber Daya Mineral. 2017. Efektivitas Pengawasan dan Pene- gakan Hukum Sektor Pertambangan Mineral dan Batubara. Bahan Paparan Direktorat Jenderal Mineral dan Batubara. Jakarta, 29 Agustus 2017. Dinas Energi dan Sumberdaya Mineral Provinsi Kalimantan Timur. Pembinaan dan Pengawasan Kegiatan Operasi Produksi Batubara Kalimantan Timur. Bahan Paparan Dinas Energi dan Sumberdaya Mineral Provinsi Kalimantan Timur. Samarinda, 15 Agustus 2018. EITI Indonesia.Laporan Rekonsiliasi EITI 2015. Jakarta EITI. 2016. http://eiti.ekon.go.id/mulai-oktober-2016-perizinan-pertambangan-dialihkan-ke-provinsi/ diakses pada 01 Februari 2018 pukul 16.50 WIB Indonesia, Undang-Undang Nomor 4 Tahun 2009 tentang Pertambangan Mineral dan Batubara. Lembaran Negara RI Tahun 2009 Nomor 4. ________, Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintahan Daerah. Lembaran Negara RI Tahun 2014 Nomor 244. _______, Peraturan Pemerintah Nomor 55 Tahun 2010 tentang Pembinaan dan Pengawasan Penyelenggaran Pengelolaan Usaha Per- tambangan Mineral dan Batubara. Lembaran Negara RI Tahun 2010 Nomor 85. _______, Peraturan Menteri Energi dan Sumber Daya Mineral Nomor 7 Tahun 2014 tentang Pelaksanaan Reklamasi dan Pascatam- bang pada Kegiatan Usaha Pertambangan Mineral dan Batubara. Berita Negara RI Tahun 2014 Nomor 274. Apriando, Tommy. 2018. Pilkada di Provinsi Batubara, Bagaimana Pandangan Mereka? http://www.mongabay.co.id/2018/06/19/pil- kada-di-provinsi-batubara-bagaimana-pandangan-mereka-bagian-2/ Apriando, Tommy. 2018. Korban ke 30, Lubang Bekas Tambang Batubara di Kaltim Renggut Nyawa Lagi. http://www.mongabay. co.id/2018/10/23/korban-ke-30-lubang-bekas-tambang-batubara-di-kaltim-renggut-nyawa-lagi/ Kompas. 2017. KPK Minta Lingga Serahkan Data Tambang, https://www.pressreader.com/indonesia/kom- pas/20170209/282029031971164 Leonard, Lucky. 2018. Jaminan Reklamasi & Pascatambang Masih Rendah. Diakses pada 16 Januari 2018, http://industri.bisnis.com/ read/20180114/44/726374/jaminan-reklamasi-pascatambang-masih-rendah Limahekin, Thom. 2018. Ini Jumlah Dana Pasca Tambang Bidikan KPK yang Mengendap di Kepri, Terbesar Kabupaten Bintan, http:// batam.tribunnews.com/2018/06/08/ini-jumlah-dana-pasca-tambang-bidikan-kpk-yang-mengendap-di-kepri-terbesar-kaqbupaten- -bintan?page=2 Rizwan. 2018. GeRAK: PT BEL Abaikan Reklamasi. http://aceh.tribunnews.com/2018/07/18/gerak-pt-bel-abaikan-reklamasi Ruku, Niko. 2018. 45 Perusahaan Tak Setor Jamrek Jatam Kaltara Sebut Kerugian Negara Rp 201 Miliar. http://kaltim.tribunnews. com/2018/03/12/45-perusahaan-tak-setor-jamrek-jatam-kaltara-sebut-kerugian-negara-rp-201-miliar Vinolia, dkk. Pemerintah Sumbar Cabut 21 Izin Tambang Bermasalah. Diakses 11 November 2017, http://www.mongabay. co.id/2017/11/11/pemerintah-sumbar-cabut-21-izin-tambang-bermasalah/ Policy Brief Compliance of Reclamation And Post-Mining Fund Placement In Indonesia is published by Publish What You Pay Indonesia (PWYP Indonesia), composed by the authors, who are members of the National Secre- tariat of PWYP Indonesia, supported by The Asia Foundation and funded by UKaid. Content and opinion are the responsibility of Publish What You Pay Indonesia independently and do not reflect attitudes and opinions from The Asia Foundation and UKaid.
  12. 12. Publish What You Pay (PWYP) Indonesia is a national coalition institution that is concerned with transparency, accountability, development of extractive governance, mining and natural resources. Established since 2007, and registered as an Indonesian legal entity since 2012 under the name Yayasan Transparansi Sumberdaya Ekstraktif, and affiliated in the Publish What You Pay campaign at the global level. PWYP Indonesia promotes transparency and accountability along the extractive resource chain, from the stage of developing contracts and mining operations (publish why you pay and how you extract), stages of production and income from the industry (publish what you pay), to the stage of income expenditure for sustainable development and social welfare (publish what you earn and how you spent). Website : pwyp-indonesia.org Email : sekretariat@pwyp-indonesia.org Facebook Fanpage : Publish What You Pay Indonesia Twitter : @PWYP_INDONESIA

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