Finding a common cause in sand<\/p>\n
BIndra Harsaputra, Surabaya<\/p>\n
Illegal sand quarrying can be stopped only if local
\nadministrations and law enforcers strictly enforce the law and
\ntake stern measures against those undertaking illegal sand
\nquarrying along the Brantas River.<\/p>\n
In fact, the necessary legislation is in place to enforce the
\nlaw in this sector. Law No. 11\/1967 on mining by locals
\nstipulates a ban on sand quarrying, whether manually or
\nmechanically.<\/p>\n
Then there is Bylaw No. 29\/2003 issued by the East Java
\ngovernor on the management of sand quarrying businesses along
\nBrantas River, Surabaya River, Porong River and Marmoyo River.<\/p>\n
Article 3 of Chapter III of this regulation stipulates that
\nsand quarrying can be conducted only with a permit from the
\noffice of energy and mineral resources of East Java province.<\/p>\n
It also adds that sand quarrying must be conducted using
\ntraditional or manual methods and that no machines are allowed to
\nbe used.<\/p>\n
It also stipulates that sand quarrying must be conducted by a
\nmining cooperative, the members of which shall be made up of
\nlocals. Then Article 7 of Chapter IV stipulates that the local
\nadministration will revoke the permit if any of these
\nrequirements are not fulfilled.<\/p>\n
Aside from Law No. 11\/1967 and the East Java Gubernorial
\nDecree No. 29\/2003, there is also East Java regional bylaw No.
\n10\/1995 on C category mining.<\/p>\n
This bylaw imposes a fine of Rp 50,000 or six months
\nimprisonment on anybody violating the stipulations on sand
\nquarrying.<\/p>\n
Likewise, the Jombang regental administration issued its own
\nbylaw in 2002 banning the use of machines in sand quarrying. In
\nthe same year, Jombang regent, Affandi, also banned mechanical
\nsand quarrying in Jombang. The bylaw stipulated that mechanical
\nsand quarrying must be stopped within a month after the issuance
\nof the regulation.<\/p>\n
Based on Law No. 23\/1997, the regency imposes a sanction of 10
\nyears in prison or a fine of Rp 500 million on those failing to
\ncomply with this regulation.<\/p>\n
Unfortunately, machines are still being used to remove sand
\nalong the Brantas River. According to the office of energy and
\nmineral resources of East Java province, there are 44 active
\nlicensed sand quarrying companies in East Java.<\/p>\n
Meanwhile, data compiled by Perum Jasa Tirta I shows that in
\nthere are currently 47 companies using machines in their sand
\nquarrying activities along the Brantas River. The data also
\nreveals that 30 of these companies operate in Jombang and
\nMojokerto, three in Sidoarjo and the remaining 14 in Porong.
\nAccording to this data, there are about 34 companies involved in
\nmanual sand quarrying: 30 in Mojokerto and Jombang, two in
\nSidoarjo and two in Porong.<\/p>\n
One may wonder why there are still many companies undertaking
\nunlicensed sand quarrying. The Jakarta Post has learned from
\nseveral sources such as Satrijo Wiweko, the director of
\nenvironmental organization Mojokerto Friends of the Environment,
\nHudin Al Sonny, secretary-general of the Association of Mining
\nCompanies, East Java chapter and Sunu Suprapto, a staff member of
\nPerum Jasa Tirta I, that several local administration officials
\nand law enforcers have abused their office to allow unlicensed
\nsand quarrying to continue.<\/p>\n
These people are believed to be in collusion with sand
\ncompanies, thus making these sand companies virtually untouchable
\nby the law despite the frequent raids against illegal sand
\nquarrying.<\/p>\n
\"Illegal sand quarrying is difficult to eradicate because of a
\nmisinterpretation in the implementation of the legislation,\" a
\nlecturer of the School of Law of Airlangga University, Suparto
\nWijoyo, told The Post, adding that the implementation of the
\nlegislation on sand quarrying left much to be desired.<\/p>\n
He said an excellent law would be meaningless unless it was
\nconsistently implemented. What it would take now to solve the
\nproblem of illegal sand quarrying is consistent law enforcement.
\n\"We have got the legislation so what is needed now is the serious
\nintent to bring the parties undertaking illegal sand quarrying to
\ncourt,\" he said.<\/p>\n
A member of the East Java provincial legislative assembly,
\nHidayat, concurred, saying it would take courage to bring every
\nviolator to court.<\/p>\n
He gave his word that he would raise the matter in the meeting
\nof assembly members. He also asked that the local administration
\nimpose a strong sanctions on local administration officials
\nabusing their office for financial gain through collusion with
\ncompanies undertaking illegal sand quarrying.<\/p>\n
Chief of the public relations division of East Java Police,
\nSr. Commr, Endro Wardoyo, said that not a single sand quarrying
\ncompany had applied for a permit with the East Java Police. He
\nsaid that the East Java Police had instructed local police to
\nintensify raids against illegal sand quarrying.<\/p>\n
However, he refused to comment on alleged collusion between
\ncertain police officers and companies illegally quarrying sand
\nand simply said that this allegation had to be examined further.<\/p>\n
\"It is not clear whether it is a case of bribery or not, so be
\ncareful when writing about it,\" he said.<\/p>\n
Meanwhile, chief of Jombang local administration civil service
\npolice task force, Soenaryo, said that neither his task force nor
\nthe local police imposed illegal fees.<\/p>\n
\"We have never received a report about our members or members
\nof the police being bribed or receiving gifts from sand quarrying
\ncompanies,\" he said.<\/p>\n
At this point, it is worth wondering whether illegal sand
\nquarrying along the Brantas River can ever be totally eradicated.
\nSome local mass media in East Java have carried reports on
\nillegal sand quarrying. Local police, Perum Jasa Tirta I and the
\nlocal mining office have also frequently carried out raids.<\/p>\n
Then thousands of environmental activists have carried out
\ntheir campaigns to make people realize the hazards of illegal
\nsand quarrying. Unfortunately, illegal sand quarrying seems to be
\ncontinuing freely.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/finding-a-common-cause-in-sand-1447893297",
"image": ""
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"sponsor": "Okusi Associates",
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