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Ada Pertanyaan? Hubungi Kami Anne Aprina Priskila, Ady TD Achmad
If there is someone who should be speaking to mining companies about the urgency of reclamation after mining activities, M. Reyhan Saputra should be that voice.This 10 year old boy diedafter he fell down an unmarked quarry pit in an old mining area near his house.This tragedy screams out about not only about the importance of reclamation to protect and maintain the environment, but how failure to do so can have tragic consequences, even the death of innocent children.The tragedy, unfortunately, does not stop with Reyhan. Nine other misfortunate children have also died similar accidents over the last 4 years. Complaining about this situation, Reyhan’s father, Misransyah, met Siti Nurbaya, the Minister of Environment and Forestry, requesting the Minister to take action on this issue.
Mr. Misransyah has also complained to other government agencies, including the National Commission on Human Rights (Komnas HAM). The response to Mr. Misransyah’s efforts, however, indicates that there could be some lack of concern on the part of local governments in dealing with this issue.
Sharing the same concerns, Merah Johansyah, Coordinator of the East Kalimantan Mining Advocacy Network (Jaringan Advokasi Tambang Kalimantan Timur - JATAM) is dismayed by the local government’s failure to imposing firm sanctions on the responsible mining companies.
Mr. Johansyah hopes the central government will take over such cases under the powers it has under the Environmental Law. He believes that the current situation and these recent incidents can be categorized as environmental damage resulting in the loss of human lives, as stipulated under Article 112 of the Environmental Law.
"This is not only related to environmental crimes but also crimes against children and women," pleaded Mr. Johansyah.
Not only is this a violation of the Environmental Law, the abandonment of quarry pits can be deemed a violation of Articles 19-21 of Government Regulation No. 78 of 2010 on Reclamation and Post-Mining. Moreover, failure to conduct post-mining and reclamation can also be categorized as negligence under Article 359 of the Indonesian Criminal Code.
On a broader scale, Head of Research and Development of Wahana Lingkungan Hidup Indonesia (WALHI), Khalisah Khalid, argues that the death of nine children as a result of abandoned quarry pits should be taken as an opportunity by the government to improve good governance and the evaluation and licensing of mining companies in order to prevent another ‘Ryan’ incident happening again.
In responds to this issue, Sandrayati Moniaga, Komnas HAM’s Commissioner, promised that her institution will immediately take action and follow up this matter. According to her, this problem is not merely an accident, but also involves issues related to the broader management of mining activities.
“If all the complaints that were filed are true, there is a possibility of human rights violations in terms of the right to life and security of a person,” Mrs. Moniaga concluded.
(hot/kc)
Anne Aprina Priskila, Ady TD Achmad
If there is someone who should be speaking to mining companies about the urgency of reclamation after mining activities, M. Reyhan Saputra should be that voice.This 10 year old boy diedafter he fell down an unmarked quarry pit in an old mining area near his house.This tragedy screams out about not only about the importance of reclamation to protect and maintain the environment, but how failure to do so can have tragic consequences, even the death of innocent children.The tragedy, unfortunately, does not stop with Reyhan. Nine other misfortunate children have also died similar accidents over the last 4 years. Complaining about this situation, Reyhan’s father, Misransyah, met Siti Nurbaya, the Minister of Environment and Forestry, requesting the Minister to take action on this issue.
Mr. Misransyah has also complained to other government agencies, including the National Commission on Human Rights (Komnas HAM). The response to Mr. Misransyah’s efforts, however, indicates that there could be some lack of concern on the part of local governments in dealing with this issue.
Sharing the same concerns, Merah Johansyah, Coordinator of the East Kalimantan Mining Advocacy Network (Jaringan Advokasi Tambang Kalimantan Timur - JATAM) is dismayed by the local government’s failure to imposing firm sanctions on the responsible mining companies.
Mr. Johansyah hopes the central government will take over such cases under the powers it has under the Environmental Law. He believes that the current situation and these recent incidents can be categorized as environmental damage resulting in the loss of human lives, as stipulated under Article 112 of the Environmental Law.
"This is not only related to environmental crimes but also crimes against children and women," pleaded Mr. Johansyah.
Not only is this a violation of the Environmental Law, the abandonment of quarry pits can be deemed a violation of Articles 19-21 of Government Regulation No. 78 of 2010 on Reclamation and Post-Mining. Moreover, failure to conduct post-mining and reclamation can also be categorized as negligence under Article 359 of the Indonesian Criminal Code.
On a broader scale, Head of Research and Development of Wahana Lingkungan Hidup Indonesia (WALHI), Khalisah Khalid, argues that the death of nine children as a result of abandoned quarry pits should be taken as an opportunity by the government to improve good governance and the evaluation and licensing of mining companies in order to prevent another ‘Ryan’ incident happening again.
In responds to this issue, Sandrayati Moniaga, Komnas HAM’s Commissioner, promised that her institution will immediately take action and follow up this matter. According to her, this problem is not merely an accident, but also involves issues related to the broader management of mining activities.
“If all the complaints that were filed are true, there is a possibility of human rights violations in terms of the right to life and security of a person,” Mrs. Moniaga concluded.
(hot/kc)