An illegal sand-mining issue in Selok Awar-Awar, Pairian, Lumajang, East Java has attracted public attention. Local government’s absence on monitoring mining potential leads to public anxiety, and lower middle class group not having power will perceive the impacts of environmental damage. For instance, the death of Salim Kancil began from a simple conflict. The other impact of the illegal mining was on vagueness of public welfare that the income was supposed to foster public prosperity, yet brought the people left behind.
The aforementioned paragraph was uttered but Dean of Law Faculty Dr. Trisno Raharjo, S.H., M.Hum. in a restricted discussion of illegal mining and the death of Salim Kancil on Thursday afternoon (8/10) at a room of Master of Law of UMY. He conveyed that the elevation of regional income is already counted in regional budgets (APBD). “It is quite questioning if several activities in regency or of Hose Representative were not monitored. This illegal activity displayed that government did not check the APBD,” he argued.
Dr. Trisno stated that to investigate the crime it has to find out firstly why the mining existed. In criminal law, it can be inspected using crime caution. It refers to directing to find out the relations and the proof of suspects. “If the crime caution is discovered, the proof should be supported to that there will not be any mistakes during the investigation,” he elucidated.
Mining issues in Indonesia were mostly undertaken illegally or without licensing. Dr. Trsino mentioned that licensing can be categorized into two categories, namely licensing bringing benefits for only one side and allowed licensing but forbidden by law. The licensing may cause troubles like corruption, power abuse that cooperated parties may not consider the impacts on environment. “The circumstance will bring huge bad impacts as public take it on the chin and environment gets damaged. To shift the circumstance as the previous one is not easy,” he added.
Environmental damage due to mining has been occurring. For instance, a mining issue in Lumajang was supported by public self-sufficient and the power of media. It turned into a serious issue after the homicide of Salim Kancil even though there was warning before the crime. The law can be established of the authority is willing to uphold it. “If the suspects are proven, illegal mining can be closed. It is the same that, if public carry out mining, and a huge company suffers financial loss, the mining can be easily discontinued. It is law discrimination of mining aspects,” he inserted.
Confronting the issue, Dr, Trisno recommended that government ought to be firm to environmental law licensing. Because of lack of caution of government, public remained silent and do not express their aspiration. “If it is dealing with governmental officials, law enforcers will save illegal objects like shifting responsibility in investigation process. Illegal mining may not ensue without support of village officials since the ones having authority will win over them. The issue may not investigate intellectual actors giving opportunities without exploitation licensing. Thus, it is expected that the case of Salim Kancil may not happen anymore and it can be investigated till everything gets obvious,” he suggested.
Dr. Trisno continued that, if the police involved in the case, they must be supported by other parties. The issue should entirely be investigated since a lot of issue engaging the police often ensued. For example, an issue occurred in East Java that a laborer Marsinah fought for laborer welfare. “In the issue, I will not see it similarly because of the time and circumstance. However, it should be a view to investigate and, if it is dealing with the police, it should not be withheld,” he emphasized.
He suggested that the issue suffering public should be investigated. The center of government ought to monitor it tightly, while local government has to uphold the law. “It is too sad that in various areas cannot enhance governmental performance. It may trigger other issues like the death of Salim Kancil. Therefore, the center of government ought to tightly control the law, whereas local government establish the law well if there is deceitfulness of cooperation suffering public,” he ended.
