Yes, as long as you fulfill strict requirements

Director General of Marine Spatial Planning at the Ministry of Maritime Affairs and Fisheries (KKP), Kartika Listriana, explained that the statement regarding the ban on mining on small islands needs to be reviewed again.

Director General of Marine Spatial Planning at the Ministry of Maritime Affairs and Fisheries (KKP), Kartika Listriana, explained that the statement regarding the ban on mining on small islands needs to be reviewed again.

“Actually a statement”should not”‘Try checking it first. Because in the law, especially the Coastal and Marine Area Management Law (UU PWP3K), there are several activities recommended for small islands. “It’s not prohibited, but with conditions,” he said in his statement, quoted Saturday (16/5).

The statement emphasizes that Indonesia’s legal approach does not prioritize absolute prohibitions, but rather regulations based on spatial planning and sustainability. This means that every activity, including mining, must be subject to a zoning plan for coastal areas and small islands (RZWP3K), environmental impact analysis, as well as various other strict technical requirements.

According to him, the permits currently issued must all be based on spatial planning. It can be passed, as long as it meets the provisions stipulated in the law.

“If indeed the spatial layout is appropriate and permissible under several considerations, both in context leverage from our potential mineral production, or for the sake of economic growth and so on, of course that is permissible,” he said.

This view is in line with the principles of modern natural resource governance. Utilization must go hand in hand with environmental protection and the interests of local communities. In the context of small islands, restrictions are the keyword, both in terms of area, mining methods, and reclamation and post-mining obligations.

Kartika’s explanation responded to the issue about Gag Island some time ago, where a number of environmental organizations criticized mining activities on the small island because they considered it to be in absolute conflict with the law.

Mining Observer, Ferdi Hasiman confirmed the Constitutional Court (MK) decision above Judicial Review UU no. 27/2007 does not prohibit mineral mining in coastal areas and small islands absolutely.

“The Constitutional Court recognizes the economic potential of small islands as a pillar of national development. However, it demands proportional and sustainable management,” he said.

He also explained that Law no. 11/2020 (Job Creation) Article 372 regulates that the approval quota for the use of forest areas for mineral mining is “an island that is a small island” is a maximum of 10% of the total area of ​​Production Forest and Protected Forest Areas.

These quantitative limits are an important instrument to ensure that mining activities do not dominate the small island landscape, while maintaining its ecological balance. In other words, the state has set a clear fence, that mining may be carried out, but must not exceed the carrying capacity and capacity of the environment.

Meanwhile, legal expert and professor at the Faculty of Law, Brawijaya University (UB), I Nyoman Nurjaya, also expressed his view that the Constitutional Court’s decision in Judicial Review The PWP3K Law needs to be understood in its entirety, not partial.

“Article 23 paragraph (2) and Article 35 letter (k) of the PWP3K Law must be understood as conditional permits (toestemming) which allows mineral mining activities to be carried out, provided that all existing provisions to protect the preservation of environmental functions on these small islands are adhered to,” he stressed.