INTRODUCTION

Historically, environmental considerations have been delegated to the  backseat in Indonesian mining operations. In the past some have argued that the technology and management techniques were simply not available, but the depth of the malaise was evident under Law No. 11 of 1967 on Basic Mining Provisions (“1967 Mining Law”) which did not include provisions on  environmental matters.

A comprehensive regulatory framework giving due consideration to environment sustainability had to wait for four decades after the enactment of the 1967 Mining Law. The breakthrough took the form of the reclamation and mine closure obligations introduced by Minister of Energy and Mineral Resources (“Minister”) Regulation No. 18 of 2008 on Reclamation and Mine Closure (“2008 Ministerial Regulation”).