Finding a common cause in sand

Finding a common cause in sand

BIndra Harsaputra, Surabaya

Illegal sand quarrying can be stopped only if local
administrations and law enforcers strictly enforce the law and
take stern measures against those undertaking illegal sand
quarrying along the Brantas River.

In fact, the necessary legislation is in place to enforce the
law in this sector. Law No. 11/1967 on mining by locals
stipulates a ban on sand quarrying, whether manually or
mechanically.

Then there is Bylaw No. 29/2003 issued by the East Java
governor on the management of sand quarrying businesses along
Brantas River, Surabaya River, Porong River and Marmoyo River.

Article 3 of Chapter III of this regulation stipulates that
sand quarrying can be conducted only with a permit from the
office of energy and mineral resources of East Java province.

It also adds that sand quarrying must be conducted using
traditional or manual methods and that no machines are allowed to
be used.

It also stipulates that sand quarrying must be conducted by a
mining cooperative, the members of which shall be made up of
locals. Then Article 7 of Chapter IV stipulates that the local
administration will revoke the permit if any of these
requirements are not fulfilled.

Aside from Law No. 11/1967 and the East Java Gubernorial
Decree No. 29/2003, there is also East Java regional bylaw No.
10/1995 on C category mining.

This bylaw imposes a fine of Rp 50,000 or six months
imprisonment on anybody violating the stipulations on sand
quarrying.

Likewise, the Jombang regental administration issued its own
bylaw in 2002 banning the use of machines in sand quarrying. In
the same year, Jombang regent, Affandi, also banned mechanical
sand quarrying in Jombang. The bylaw stipulated that mechanical
sand quarrying must be stopped within a month after the issuance
of the regulation.

Based on Law No. 23/1997, the regency imposes a sanction of 10
years in prison or a fine of Rp 500 million on those failing to
comply with this regulation.

Unfortunately, machines are still being used to remove sand
along the Brantas River. According to the office of energy and
mineral resources of East Java province, there are 44 active
licensed sand quarrying companies in East Java.

Meanwhile, data compiled by Perum Jasa Tirta I shows that in
there are currently 47 companies using machines in their sand
quarrying activities along the Brantas River. The data also
reveals that 30 of these companies operate in Jombang and
Mojokerto, three in Sidoarjo and the remaining 14 in Porong.
According to this data, there are about 34 companies involved in
manual sand quarrying: 30 in Mojokerto and Jombang, two in
Sidoarjo and two in Porong.

One may wonder why there are still many companies undertaking
unlicensed sand quarrying. The Jakarta Post has learned from
several sources such as Satrijo Wiweko, the director of
environmental organization Mojokerto Friends of the Environment,
Hudin Al Sonny, secretary-general of the Association of Mining
Companies, East Java chapter and Sunu Suprapto, a staff member of
Perum Jasa Tirta I, that several local administration officials
and law enforcers have abused their office to allow unlicensed
sand quarrying to continue.

These people are believed to be in collusion with sand
companies, thus making these sand companies virtually untouchable
by the law despite the frequent raids against illegal sand
quarrying.

"Illegal sand quarrying is difficult to eradicate because of a
misinterpretation in the implementation of the legislation," a
lecturer of the School of Law of Airlangga University, Suparto
Wijoyo, told The Post, adding that the implementation of the
legislation on sand quarrying left much to be desired.

He said an excellent law would be meaningless unless it was
consistently implemented. What it would take now to solve the
problem of illegal sand quarrying is consistent law enforcement.
"We have got the legislation so what is needed now is the serious
intent to bring the parties undertaking illegal sand quarrying to
court," he said.

A member of the East Java provincial legislative assembly,
Hidayat, concurred, saying it would take courage to bring every
violator to court.

He gave his word that he would raise the matter in the meeting
of assembly members. He also asked that the local administration
impose a strong sanctions on local administration officials
abusing their office for financial gain through collusion with
companies undertaking illegal sand quarrying.

Chief of the public relations division of East Java Police,
Sr. Commr, Endro Wardoyo, said that not a single sand quarrying
company had applied for a permit with the East Java Police. He
said that the East Java Police had instructed local police to
intensify raids against illegal sand quarrying.

However, he refused to comment on alleged collusion between
certain police officers and companies illegally quarrying sand
and simply said that this allegation had to be examined further.

"It is not clear whether it is a case of bribery or not, so be
careful when writing about it," he said.

Meanwhile, chief of Jombang local administration civil service
police task force, Soenaryo, said that neither his task force nor
the local police imposed illegal fees.

"We have never received a report about our members or members
of the police being bribed or receiving gifts from sand quarrying
companies," he said.

At this point, it is worth wondering whether illegal sand
quarrying along the Brantas River can ever be totally eradicated.
Some local mass media in East Java have carried reports on
illegal sand quarrying. Local police, Perum Jasa Tirta I and the
local mining office have also frequently carried out raids.

Then thousands of environmental activists have carried out
their campaigns to make people realize the hazards of illegal
sand quarrying. Unfortunately, illegal sand quarrying seems to be
continuing freely.