Application of Eco-Democracy to
Environmental Legal Protection Post-Mining Reclamation in Indonesia
Zulfatah1,
Hidayati2, Andi Nur Hidayah3
Universitas
Borobudur, Jakarta, Indonesia���������������������������������
[email protected]1,
[email protected]2, [email protected]3
|
Keywords |
Abstract |
|
Eco-Democracy,
legal protection, reclamation |
Mining
in Indonesia still leaves many excavation holes that have not been reclaimed,
at least 8 million hectares of post-mining land after the use of coal mining
land in East Kalimantan Province. As a result, from 2011 to 2018, 32 people
died, most of them children, while 140 people died in all regions in
Indonesia due to drowning in ex-mining holes. The aim of this research is to
provide legal protection for land through the application of the
Eco-Democracy concept due to violations by fraudulent entrepreneurs. The
method used is the approach of statutory opposition and conceptual opposition
of regulations relating to legal issues resolved through a statutory
approach. The results of the research explain that reviewing all laws written
in Government Regulation Number 78 of 2010 concerning Reclamation and
Post-Mining and Number 4 of 2009 in the Republic of Indonesia Law concerning
Mineral and Coal Mining requires companies to restore land through
reclamation after the mining process is complete. Prepare collateral in the
form of money given by businesses committed to restoring and improving the
land environment. The government authority will supervise the reclamation
during its implementation so that mining entrepreneurs will comply and not
abandon the ex-mining land. |
Corresponding Author : Zulfatah
E-mail: [email protected]
INTRODUCTION
To deal with emergency problems caused
by mining holes, the idea of eco-Democracy emerged as an effort to protect (Beck, 2018).
The film Sexy Killer departs from the fact that law enforcement in mining after
mining permits expire so that post-mining coal sites in Indonesia, especially
in East Kalimantan province, are still weak, with 3500 post-mining holes that
are not legally protected. from 2011 to 2018, 32 people died, mostly children.
Nationally, between 2014 and 2018, 140 people died at former mining sites (Pettersson, H�gbladh,
& �berg, 2019).
This happened because the mine location was near community housing and there
were no warning or prohibition signs (Kroll-Smith &
Couch, 2014).
In the 2019 presidential candidate debate, the number of post-mining
excavations which caused deaths became a public topic of discussion.
Unfortunately, the two leaders of our country, namely the President, have not
provided concrete solutions to the social, economic and environmental problems
that have arisen as a result of reclamation that has not been carried out.
According to one of the incumbent candidates, there are only one, two, or three
reclamations that have not been carried out. The statements at that time have
certainly increased due to the current data updates. The coal mining system
that applies in Indonesia is an open mining system, which causes environmental
damage, including loss of forests, the minerals in them and the mineral layers
of the soil, and forest vegetation. Therefore, entrepreneurs must comply with
regulations through post-mining reclamation in order to restore the environment
to the previous state caused by coal mine excavations.
�������������� Reclamation
is an activity during mining business procedures to regulate, restore and
restore the environmental order and natural communities so that they return to
tropical forests which are the hallmark of the country, according to Law Number
4 of 2009 concerning Mineral and Coal Mining. This law is further strengthened
by Government Regulation Number 78 of 2010 concerning Reclamation and
Environmental Change (Gu et al., 2018).
After the mining industry, ESDM Ministerial Decree (Permen) Number 26 of 2018
concerning the Implementation of Good Mining Principles, was then issued
through ESDM Ministerial Decree (Kepmen) Number 1827/2018 concerning Guidelines
for the Implementation of Friendly Mining Engineering Principles. However, in
fact, there are still mining companies that have not closed excavations by
closing earthen holes that were once used for coal mining. It seems that coal
entrepreneurs are not bound by post-mining responsibilities. Millions of
hectares of post-mining holes represent a major environmental problem in
Indonesia (Pratiwi et al., 2021).
According to report data from the Ministry of Energy and Mineral Resources, as
of June 2018, around 1,569 IUP (Mining Business Permit) holders, IUPK (Special
Mining Business Permit) holders (Pay, 2018). Apart from that,
there are still cases where information data and fund calculations do not match
each other, which causes procedures in the field to not run according to plan.
According to the regulations, business actors need to keep collateral to cover
ex-excavation sites for reclamation before opening activities, but it is still
the company's obligation to close excavations after mining work (Amir, Mintia, &
Kharis, 2019).
If the cash deposit is not sufficient, the business license holder must provide
additional funds. Unfortunately, what happens in practice is that most IUP
holders do not save deposits of security deposits to cover excavations, thus
leaving excavation sites still open, or closing excavations not yet optimally
according to target.
�������������� Environmental
reforestation in post-land use practices as additions that leave behind large
excavations are often ignored and lost by other sectors or policies, both
technical affairs and executive officials, in political forums or in
legislative institutions that handle the mining and energy sectors. forestry
sector, plantation sector, investment sector, tourism sector and so on.
Therefore, the obligation to cover excavated excavations on mining land or
post-mining land reclamation has a very high number of irregularities (Feng et al., 2022).
Currently, Indonesia is in a state of ecological emergency, and the need for
government involvement in the forest or environmental sector is a priority
scale in every policy meeting they work on. According to researchers, the
Constitution must increase the standards governing environmental protection so
that all laws can be monitored because they are all subject to the
constitution. In addition, the idea of environmental policy is intended to
increase awareness about the importance of the environment in every government
policy, which can help overcome the problem of environmental law violations
that are currently occurring in Indonesia.�
The emergence of the concept of
eco-democracy, namely the idea of eco-ocracy, such as the protection and use of
environmental conservation towards political policy.� Legal politics in the forest sector and
environmental conservation in its protection and utilization are built to
achieve ecocracy. The concept of "eco-democracy" comes from the words
"environmental democracy ", a new term that is better defined as
recognizing the greatness of nature and the environment, and its components.
Apart from that, understanding the limited infrastructure and facilities for
processing the environment and the importance of understanding environmental
sustainability so that people do not take exploitative actions and destroy
forests excessively so that negative impacts will emerge from this
exploitation. Concern about natural conditions as well as forests and the
environment which must be protected by legal instruments. Contained in laws
relating to the forest and environmental protection sector, as written in the
1945 Constitution, stipulates that an ideal living environment is a human and
constitutional right for every citizen. In the 1945 Constitution of the
Republic of Indonesia, legal protection of the environment is also regulated in
detail, as shown in article 28 H paragraph 1, which states that every citizen
is guaranteed the right to live in prosperity physically and mentally, for
example having a place to live and a beautiful living space. and healthy, have
the right to health services. According to Article 33 paragraph 4 of the 1945
Constitution, the national economy must be built based on the principles of
economic democracy, efficiency and sustainable justice, have an environmentally
oriented insight, an independent nature, and achieve a balance between national
economic progress.
�������������� The
discussion will focus on environmental regulations that must be protected
during the two government orders such as the new order and the reform order.
The New Order government used law number 4 of 1982 and law number 23 of 1997 to
implement authoritarian politics on the basis of orthodox law, while the reform
regime implemented law number 32 of 1997 to improve environmental protection.
Regulations that benefit the environmental sector as regulated in the 1945
Constitution and other legal products are the initial benchmark towards a
country that pays attention to the economic sector. Pan Muhammad Faiz wrote a
second article on ecology, "Environmental Protection in a Constitutional
Perspective", which has appeared in the constitutional journal (Ramadhan & Arief,
2023).
This article is very similar to the book from the "Green Constitution"
product which was introduced by researchers with an emphasis on the importance
of protecting the flora environment through statutory regulations. Legal
protection of the environment is also carried out in large countries such as
France and Ecuador, these countries have clear and strict environmental laws.
France had a charter on environmental flora in 2005, and the South American
country of Ecuador also included environmental flora as a subject of law. After
the 1945 Constitution established environmental protection standards, the
concept of ec-democracy emerged, which means that the same system as democracy
functions as environmental sovereignty. Therefore, environmental law protection
must immediately improve the articles by adjusting environmental conditions
which still do not include environmental indifference. One way to implement
this is to incorporate several articles regarding environmental regulations
into the constitution.
�������������� Eco-democracy:
the basis of science regarding democracy in the environmental sector for the
realization of sustainable national goals. This concept discusses how
ecology-based democracy is needed to achieve sustainable development
goals.� Democratic shifts such as the
concept of a green constitution lead to the implementation of sustainable
development goals. By strengthening gender and ecoregional development, the new
trend of open local government and green economy has recognized environmental
sovereignty in local development. According to the concepts of ecofeminism and
ecoregions, practice in the local context of sustainable development considers
local factors that are unique and different due to diversity. Therefore,
involvement, law enforcement, sustainability, local wisdom, effectiveness, for
the sake of prosperity are the main ecocratic principles.
This research will focus on specific
environmental issues regarding the obligation to restore land or reclamation
that has been excavated due to mining, causing deviations from regulations,
apart from that, in terms of monitoring compliance with land restoration or
reclamation. Various government regulations cannot reduce the level of
violations of reclamation obligations, so several procedural options are needed
to seriously handle environmental protection. This research aims to provide
legal protection for the environment through the application of the concept of
eco-democracy due to violations by fraudulent entrepreneurs.
RESEARCH METHODS
This
research takes a normative legal analysis approach to explore the
implementation of the death penalty in the Indonesian legal system. The objects
of research include legal documents, court decisions, and relevant legal
literature. In the data collection process, document studies and content
analysis are conducted to gain in-depth understanding. The data analysis method
used is qualitative analysis with an interpretative approach, by integrating
two main approaches, namely legislative and conceptual. The conceptual approach
is sourced from perspectives and theories that continue to experience
developments related to legal science.
RESULTS AND DISCUSSION
Reclamation work is the responsibility of
mining entrepreneurs
Reforestation
and land restoration on post-coal mining land, which is usually called
reclamation, in accordance with article 99 of Law Number 4 of 2009 concerning
Mining, Minerals and Coal provides regulations regarding the rights and
obligations of owners if they have an IUP. To reduce the negative impact of
this law, responsibilities include:
(1) When applying for a mining business
permit for production operations or a special mining business permit for
production operations, all IUP holders including IUPK must submit reclamation
and post-mining operational plans;
(2) Land restoration or reclamation
activities after production operations are carried out by post-mining
operational land allocation procedures;
(3) The use of land restoration after
production operations as mentioned in paragraph (2) is stated in the official
land use agreement between the IUP and IUPK holders and the land rights
holders.
However, in
practice there are still mining entrepreneurs who already have mining business
permits that are in default or are neglecting their responsibilities regarding
land restoration through reclamation. In East Kalimantan Province, there were
3,500 excavations recorded after mining activities with a death toll of 32
people. Based on the provisions of Law no. 4 of 2009 concerning Mineral and
Coal Mining, mining companies leave mining sites without reclamation.
Government Regulation Number 78 of 2010 concerning reclamation and
post-operational mining production stipulates that owners of Production IUP and
Production IUPK must carry out land restoration through filling or reclamation.
The reclamation plan is made for five years, the length of the mine's
operational time can also be adjusted if the production mine is not yet five
years old. First, get approval from the government, then operations can be
carried out. The Production IUP and Production IUPK owners appoint officials
who are professionals in reclamation. Apart from that, reclamation starts 30
days after there are no field operations on a land until the excavation is
successful.
Every
year, the owner of the Production IUP and Production IUPK makes a report to the
government in stages or until the excavation is covered and woody trees are
planted, making a progress report every three months after mining. Apart from
that, it also provides reclamation guarantee deposits in the form of deposits
with the classification of (1) accounting reserves, (2) in the form of
deposits, (3) bank guarantees, and (4) joint accounts. The government's
involvement in helping provide information about professional workers for
filling in post-mining reclamation land with security deposits for activities
carried out by IUP or IUPK owners has not been successful (Azis & Bariun, 2022).
Mining
companies are responsible for protecting equipment and infrastructure resulting
from mining, including land used for previous mining and surrounding land. Any
deviation from the reclamation provisions and/or post-production operations
will be subject to administrative sanctions such as a written letter, temporary
prohibition of production operations, or permanent termination of the IUP,
IUPK, or IPR. Every year, mining companies report the implementation of
reclamation to the Ministry, Head of Provincial Region, or Regency/City in the
area of government responsibility. However, based on the evaluation report or
field assessment, if the company fails to achieve/violates the requirements for
reclamation obligations in accordance with the regulations, the Ministry, Head
of the Provincial Region, or Regency/City can appoint a partner/third party.
Post-Mining Operational Land Supervision
Supervision
is an important part of the control function in enforcing mining management
laws. This function includes aspects of supervision and control of mining
operations. The purpose of supervision, according to Versteden, is to protect
the public from feeling safe (Syafii & Zamroni, 2018). In terms of mining management, the element of supervision
is very important. This means that the government supervises individuals or
companies that have permits to carry out additional management activities to
prevent deviations from the permit rules granted by government authority in
accordance with regulations.
Government
Regulation Number 55 of 2010 concerning Development and Supervision of Business
Management regulates operational supervision of mineral and coal mines,
especially post-mining activities. Article 13 provides supervisory authority
for mining in the mineral and coal sector, namely:
(1) The Ministry makes regulations to
supervise mining sector management production operations carried out by
provincial level, district/city level governments, and in accordance with their
authority;
(2) Officials at the ministry, governor level
and regent level, in accordance with their authority, supervise Government
Regulation Number 55 of 2010 concerning Guidance and Supervision of Mining
Business Management carried out by IUP holders.
Government
Regulation Number 55 of 2010 concerning Development and Supervision of the
Implementation of Production Operations in Article 16 regulates: a)
Technicalities in mining operations; b) marketing techniques; c) financial
management; d) operational data on the mineral and coal sector; e) Restoration
of nature conservation; f) Security assistance during production operations; h.
Post-mining operational forest reforestation, restoration of ex-mining
excavated land, and post-mining.
Using
goods, services, technological capabilities and advances in local design
levels. At a minimum, monitoring of reforestation or reforestation, land
restoration, and post-mining production operations consists of:
a
Production
and environmental monitoring in accordance with the environmental greening plan
that is owned and approved;
b
Planning,
management and restoration of land in accordance with standard procedures;
c
Establish
and pay reclamation deposits;
d
Post-mining
operational land restoration;
e
Operational
and paying for post-mining operations; And
f
operational
standards in accordance with statutory regulations.
Operational
monitoring of mineral and coal mining production is carried out at the time of
permit application or post-activity. Monitoring is carried out in stages
according to the planned time through planning, evaluation, monitoring and
progress of program activities. Auditors in mining activities have the
infrastructure authority to carry out reviews, inspections, investigations and
tests even when carrying out this monitoring. This auditor is carried out by
officials appointed by the Ministry, Governor Level officials, and Regent Level
officials, or Mayors through:
a
Auditors
are adjusted to the review schedule or integrated auditor; and/or
b
Matching
data and evaluating books reported from IUP, IPR or IUPK owners. Monitoring
activities, officers who are given authority by officials of the Ministry,
governorate, or Regent, or Mayor have a letter of assignment to inspect mining
land.
Therefore,
restoration of mining land is part of the government's monitoring authority, as
well as the authority of entrepreneurs. These two responsibilities can be
carried out in an integrated manner. There is no reason not to carry out
post-mining reclamation when supervision is carried out properly in accordance
with article 36 above. Government decisions in the form of permits require
special attention, according to Article 39 Paragraph 2 Letter B of Law Number 30
of 2014 concerning Government Administration. According to this article, every
effort or action taken by citizens to maintain public order requires special
attention and handling from government agencies and/or officials.
Law
no. 27 of 2008 concerning the Ombudsman article 1 number 3 states that
administrative irregularities are behavior or actions that are against the law,
exceeding authority, or using authority for purposes other than existing laws,
and neglect of the obligation to supervise the implementation of operational
procedures for mineral mining production and coal, especially the
implementation of land restoration carried out by the government can be
categorized as an act of administrative irregularity.
According
to Article 112 of Law Number 32 of 2009 concerning Environmental Protection and
Management, officials who have authority if they do not monitor the willingness
of business actors to carry out land restoration after mining operations will
be subject to serious criminal sanctions. Any official with authority who
deliberately neglects to ensure that businesses and/or activities responsible
for environmental pollution and/or damage caused by criminal management and/or
activities will be subject to imprisonment for a maximum of one year or be subject
to a maximum fine of 500,000,000 (five hundred million).
Determining
the official who has the authority, Prof. Tatiek Sri Djamiati, (2010) said
there are two types of errors: individual negligence (faute personnelle) and
official negligence (faute de service). Individual negligence occurs when
authorized officials demonstrate a person's weaknesses, desires, or passions,
and inattention or negligence. Although errors in office are only related to
public service and occur due to errors in the use of authority
Responsibility
for government actions consists of personal errors and de-service errors,
errors committed personally are held personally accountable, and errors
committed due to position are held accountable ex officio. The functionary or
approach relates to personal responsibility. From an administrative law
perspective, administrative negligence in the use of authority in serving the
public is correlated with personal authority. Official responsibility refers to
the legalization of positions in government. The guilty person receives a
written, criminal or civil warning.
The concept of Eco-democracy as Concern
for Environmental Law
Movements
that free humans from social and natural bonds are called democratic. As a
result, the large-scale industrialization of nature led to a drastic increase
in the exploration and exploitation of nature in all countries of the world.
But it is very unfortunate that exploration and exploitation of nature is
carried out only to gain financial profit. Damage to nature and the environment
occurs everywhere, disrupting the function and carrying capacity of life
together.
In the Amazon,
exploration and exploitation of nature mainly takes place in the form of
logging for timber, as well as clearing land for agriculture and livestock. As
a result, thousands of hectares of rainforest that serve as the world's lungs
are destroyed each year. Not only that, these activities also threaten
biodiversity, resulting in the extinction of unique species that can only be
found in the Amazon forest. The impact is not only felt by local communities
and wildlife, but also by the rest of the world due to the loss of ecosystems
that play an important role in regulating the global climate.
However,
nature has a living system that depends on the surrounding environment. This
means that democracy must also be considered responsible for the current damage
to ecosystems and the environment around the world. There is no reason to
oppose democracy as a whole; however, ecocracy, a new idea, must control the
future development of democracy.
The
imbalance between humans and the surrounding environment is caused by humans'
increasing dependence on natural resources, according to Al Gore in his book
Earth in the Balance (Haydock & Srivastava, 2019). The continuous reduction in natural resources in all parts
of the country, for example the reduction in the number of forests that rely on
rain every second, the ozone hole that is increasingly gaping, and the
potential for greater damage to the Earth's balance. Amount of forest loss:
According to Forest Watch Indonesia records from 2009 to 2013, Indonesia's
forests lost more than one million hectares in its annual data (Tsujino, Yumoto, Kitamura, Djamaluddin, &
Darnaedi, 2016). The results of Forest Watch Indonesia's research show that
provinces in Indonesia have experienced a shift, for example North Sumatra
province, East Kalimantan province and North Maluku province from forest to
industrial functions. Indonesia's forests are disappearing at an extraordinary
rate per minute. From 2013 to 2016, as many as 718 thousand hectares of land
have experienced extensive forest confinement, for example in North Sumatra
province, East Kalimantan province and North Maluku province. The reduction in
forest area covers 61% of the total (Mufidah
& Habibi, 2019). Production Forest areas experience the
majority of deforestation. On the other hand, forest areas that function as
protection and conservation are also experiencing deforestation. In the same way,
68 thousand hectares of natural forest has been removed for conservation and
protection purposes, and more than fifty percent of the remaining forest is
under permits. Therefore, extractive industrial activities that are greedy for
space are the main cause of deforestation in the three provinces. Cases that
show the loss of natural forests in permitted areas due to excessive
industrialization of nature, an environmental crisis is occurring in many
countries around the world. Various countries argue that the
constitutionalization of environmental regulations is becoming more important
in state legislation, so that the authority over environmental regulations must
be able to communicate constitutional principles regarding environmental
protection. For example, the Spanish constitution addresses the protection of
life specifically, the Polish constitution includes the protection of life
among human rights, and the Portuguese constitution links environmental policy
to the duties of state agencies involved in preserving flora and tackling
perpetrators of environmental destruction.
Although
Indonesian law makes regulations regarding the environment indirectly and
guarantees human rights, its implementation is used in practice to support the
preservation of the surrounding nature (Muawanah et al., 2018). In Indonesian regulations, there are several articles that
regulate environmental protection implicitly, such as article 28 H paragraph 1
and article 33 paragraph 4 of the 1945 Constitution of the Republic of
Indonesia. These articles form the basis of green-oriented constitutional
policies and regulations. France is the country with the strictest
environmental laws, with an Environmental Charter incorporated into its
constitution since 2005. Even more extreme, Ecuador includes nature in its
constitution, demonstrating the country's strong commitment to environmental
protection. The idea of ecocracy, also known as "eco-cracy", emerged
as a result of a new worldwide trend to establish legal standards for
environmental protection. According to the Brundtland Report, eco-democracy is
defined as submission to natural resources and the forces of life within it,
knowledge of the limited extent of the natural surroundings, collaboration with
the environment, and most importantly, continuously creating something new in
the ecological system. in order to respect the Earth with all its contents
without exploiting it.
Meanwhile,
researchers say that in a state power system, there are several holders of
sovereignty, namely God (Theos), King (monarch), Law (nomos), and People
(demos). Democracy is the idea of two types of sovereignty: the idea that God
is the authority and has the highest power is called theocracy, the idea that
the law holds the highest sovereign authority is called nomocracy, and the idea
that considers the people as the holder of sovereignty is called democracy. Researchers
discuss the contents of the Green Constitution in scientific work with the
topic "The Idea of Environmental Sovereignty: Democracy Versus
eco-crazy" and offer the latest understanding of the natural environment
also having independent sovereignty and autonomy. This, the environment or
community always considers as part of an entity with its own authority. If you
already know the terms "theocracy", "monarchy",
"democracy", or "nomocracy", then the idea of
"environmental sovereignty" is always associated with the name
"eco-democracy", another name is "ecological sovereignty".
The
researcher is of the opinion that the idea of eco-democracy is that the
researcher's opinion can also provide answers to the very high number of cases
regarding defaults/violations regarding the obligation to restore land through
reclamation which should be carried out by entrepreneurs after mining
operations and seriously supervised by officials who are given authority by
law. Even though there are several written and unwritten regulations that
require entrepreneurs to carry out backfilling of excavated areas, including
mandatory deposits to pay for backfilling of excavated areas before production
operations begin, several relevant entrepreneurs do not comply with this, even
though it is written in the regulations. As a result, responsibility regarding the
surrounding natural environment is often more important than political or
economic issues. Thus, previous researchers are of the opinion that the
concepts of the environment and sustainable development are the same as the
concepts of democracy, nomocracy, or include theocracy as well.
Eco-democracy
is an expansion of democratic thinking. According to previous research, the
implementation of democracy in every country in the world will not endanger
other countries. Therefore, democracy does not limit the closeness of one
country to another country or only the desired country. As quoted by
researchers, Jacqueline Aloisi de Larderel describes eco-democracy as a series
of measurable actions through international standards to protect the natural
surroundings, including the environment. There is a term, this idea aims to
reunite life opportunities between the world's environment and humans, animals
and plants in a community friendly to nature.
Application of the Eco-Democracy Concept
in Connection with the Green Concept
The
concepts of "green democracy" and "ecological democracy"
are closely related. The Brundtland Plan is closely related to the use of the
term "eco-democracy" in the creation of green constitutions in
several countries. The word "eco-democracy" comes from the words
"environmental democracy". A new term which is now more defined by
recognizing the natural surroundings including the environment including all
its components (Bell, 2019). Also understanding that the carrying capacity of the
environment is limited and the importance of understanding environmental sustainability
so that every citizen does not act to destroy the environment and the universe
without imagining the negative consequences. In his environmental philosophy
also known as "environmental philosophy" Henryk Skolimowsky developed
the idea of ecocracy, which considers the relationship between humans and their
environment. Thus, eco-democracy is another form of democracy that has no
borders within a national territory with broad meaning due to the relationship
between the earth and the universe. Eco-democracy is a democracy that is not
dangerous for the earth and the universe, including our country. A different
opinion, previous researchers explained that we see eco-democracy as a point of
view of an activity that has "environmental protection" as a benchmark.
Using broad international standards, this can be done. Something called
"friendliness to nature", the natural environment consisting of
humans, animals and plants constitutes one community.
With
the idea of "deliberative democracy", Indonesia's deliberative
democracy has the power to prevent modern developments related to the
environmental crisis. Proponents of "eco-democracy" often remind us
that natural vulnerabilities, such as global warming, are not just natural
problems; they also involve complex issues of justice and democracy. To
illustrate, the impact of greenhouses is mostly a problem caused by a minority
of well-off people. Rich countries produce more global warming emissions than
poor countries, based on per capita income. Humans with wasteful lifestyles are
often the biggest contributors to emissions, even within the country itself.
Ecological concerns are an example of the failure of democratic economics. To
achieve this, an environmentally friendly political system is needed. In turn, a
political structure that is friendly to nature implements the implementation of
the "meaning of greening" by all elements involved in its structure.
Therefore, previous researchers concluded that understanding and spreading an
ecocentric culture that focuses on ecology is important for green political
transformation. This is necessary on top of an already green political
landscape. This is a type of democracy that does not choose one of the two
approaches, but chooses both when it comes to procedures and substance that
includes structure and values. Thus, ecological democracy differs from previous
theories of democracy which focused only on human relations. As a result of
awareness of the green environmental crisis, ecological democracy has developed
into a democracy that seeks to reflect back on the hubris of anthropocentrism
(focus on humans).
A
place for self-actualization is necessary for ecological democracy in the
restoration of ex-mining excavated land (Jackson, 2021). To establish its theoretical limits, its
anti-anthropocentric nature requires us to consider a type of non-strict
democratic system. Liberal democracy is one of the many democratic theories and
systems that exist today which have limited relationships between humans and
living creatures and between private and public. Ecological democracy
transcends the boundaries between humans and the environment through
non-anthropocentrism, making it difficult for growth and development to be
protected by liberal democracy in circumstances like this. Most concepts of
ecological democracy are argued to convey deliberative democracy, also known as
deliberative democracy, which means it is a means that can accept and express
ecological principles. In Law Number 32 of 2009 concerning Environmental
Protection and Management, and quality of nature and ecosystems so that they
can be useful again in an appropriate manner, Government Regulation Number 78
of 2010 concerning Reclamation and Environmental Change and Law Number 4 of 2009
concerning Mining Minerals and Coal. If the implementation of ecological
democracy can be comprehensive in all mining in Indonesia, with environmental
awareness, the rate of reforestation or reforestation on land that has been
reclaimed for planting trees will increase, considering that Indonesia is one
of the countries whose layout is close to the line. equator. Of course, it
provides positive value in producing fertile tropical forests. Apart from that,
communication or socialization is very effective and very important in
ecological democracy. Deliberative democracy prioritizes reason over power and
prioritizes the deliberative process as a principle of political correctness.
In democracy, political legitimacy is not limited to large groups because the
legitimacy of political power depends on the formation of community involvement
with the same and independent position. Consequently, an important point in
deliberative democracy is that public political participation is measured based
on how actively they participate in deliberations. Therefore, democratic
deliberation is not intended to represent or bring together different
interests, but instead to be a place where problems are resolved through
dialogue rather than using force, according to previous researchers in
deliberation, principles and ideas that support the environment can be put
forward. Acceptance of ecological thinking and values is more likely due to a
deliberative democratic process that focuses more on wisdom and rationality.
Deliberative democracy can eliminate democratic distortions such as loss of
representation due to lobbying. Consequently, deliberative democracy, or
deliberative democracy, can intrinsically be easily opened up to understandings
ethically emerging in ecological reasoning. Therefore, if democracy wants to
enter into an understanding of nature, then it is certain that deliberation
(and not competition) is a determination in the structure and procedures in
democratic decisions. In order for ecocracy to be implemented in a state
system, the concept of ecocracy must be defined comprehensively (Handitya & Izziyana, 2023).
CONCLUSION
Indonesia
can no longer postpone its environmental emergency situation. Every party
responsible for helping Indonesia emerge from this crisis must prioritize the
environment as a concept in sustainable development. Negligence in land
restoration/reclamation after mining operations in Indonesia is very high, even
costing hundreds of lives. Even though there are clear regulations that require
entrepreneurs to restore land through reforestation and the government carries
out regular monitoring, these regulations are unable to force related parties
to comply. The answer to the many violations of environmental law, especially
post-mining reclamation in the field, is the idea of implementing
eco-democracy, which provides environmental legal protection as a state tool,
such as the ideas of democracy, nomocracy, and even theocracy. Through the
green concept, or agreement with nature, it is a philosophy that best meets the
requirements by focusing on the relationship between humans and the
environment, which results in increased development efficiency without
sacrificing environmental sustainability.
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