Proposed bylaw targets illegal sand miners
Indra Harsaputra, The Jakarta Post, Surabaya
Illegal sand miners along the Brantas River in East Java, beware. If they don't stop their illegal mining activities, they might end up in jail.
A six-month jail term is going to be included in a proposed bylaw on the safe management of mining of C type minerals in East Java's rivers, which is planned to go into force in early 2006. The regulation is still being debated by the East Java provincial council.
Member of Commission D on development, Balya Firjaun Barlaman, told The Jakarta Post that the bylaw was being prepared due to the excessive numbers of illegal sand miners carrying out activities along the Brantas River despite the provincial administration's regulations against such practices.
"For the sake of river conservation, the regulations must be made stricter. With this bylaw, sanctions can be imposed on those violating the law," he said.
Illegal sand mining activities are a common sight along the banks of the Brantas River even though East Java's Gubernatorial Decree No. 36/1994 prohibits sand mining activities along Brantas, Kali Surabaya, Kali Porong and Kali Marmoyo Rivers.
As the instruction was not yet effective, the administration issued a Gubernatorial Decree No. 545/350/122/2002 prohibiting sand mining in the Brantas River. Another decree, No. 29/2003, included a fine of Rp 500,000 (US$54) or six month's jail.
However, the regulations are not being properly enforcement. Although authorities regularly raid mining areas and confiscate mining machinery, violators are not arrested. Confiscated mining machinery is even returned to owners upon payment to certain authorities.
According to data from the Energy and Mineral Resources Office, there are 44 companies involved in sand mining activities along the Brantas River that use mechanical mining equipment.
Data from water company Jasa Tirta I, by contrast, listed 47 companies in the business in 2004, with 34 of them conducting activities manually.
None of the mining companies have received operating permits from East Java Police.
Due to illegal sand mining activity in 2001, the riverbed dropped by three to four meters, and a further two meters in 2003.
"We don't want sand mining to cause us problems since it is very destructive to the surrounding environment," Balya said.
In the proposed bylaw, it is not only sand miners who will be sanctioned but also transporters and traders. They are threatened with maximum fine of Rp 50 million or six months jail.
He also asked the authorities to take action against those who demand bribes from the miners.
Director of the Indonesian Forum for the Environment (Walhi) in East Java, Ridho Saiful, however, said the proposed bylaw was legally flawed as it was not based upon existing laws, such as Law 23/1997 on environmental management.
Under this law, he said, crimes against the environment carries penalties of up to Rp 500 million in fines and 10 years jail.
"If the penalty is only Rp 50 million and six months in jail, the proposed bylaw violates existing law," he said.
Moreover, he said, the proposed bylaw did not refer to Presidential Decree 32/1990 on the management of protected areas, which cites protection of river areas from human activities that disrupt water quality.