Revitalization of Supervision against Local Government Policy in the
Protection and Environmental Management
Nurul Listiyani
Faculty of Law, Islamic University of Kalimantan Muhammad Arsyad Al Banjari, Banjarmasin
Keywords: mineral and coal mining, sustainable environment, integration supervision, official supervisor, mining
inspector, environmental management
Abstract: Normatively, the law of environmental protection and management (UUPLH) had regulated of supervision,
but its definition does not include both in general requirement of UUPPLH or in another article that regulate
about supervision in deep, it is article 71 until 75 UUPPLH. The supervision of environment management is
a consequence of license issued by government or local government based on its an authority. In the mineral
and coal mining, a supervision is a preventive action to evaluate of mining activities with its own license. In
article 141 paragraph 1 the law Number 4 in 2009 (Gazette Republic of Indonesia Number 157 in 2009) on
Minerals and coals (law of mineral and coal) reveal that one of element which supervised by central
government or regional government is environmental management. The supervision was done by mining
inspector to mining activities that has IUP, IPR or IUPK, with its an authority. The study aims to find the
integration supervised concept. The method of research is conceptual research by study of laws of
environment and mining. The study conclude that the integration supervised is required for sustainable
environment and should be enacted in law.
1 INTRODUCTION
Based on the term of environment in article 1
paragraph 1 UUPPLH (Anon., 2009), the coal
resource is kind of that environment, and should
obedient to the regulation of law in UUPPLH, one of
the is regulation of supervised and management
environment. In UUPPLH established that the even
organizer of supervision in obedience from miners to
regulation of law is environmental monitoring
officer. (Listiyani, 2017) But in sectoral, mineral and
coal law establish that the supervision of managing
environment performed by mining inspector. In the
principle the state administration of law, reveal that
every the competent authority to issue such
permission, and then obliged to suspervise the
obedience of the licensee.
UPPLH (5) reveal that preventive action in
controlling environment impact have to performed
by utilizing supervision and licensing instrument
maximally. Based on it explained, conclude that the
supervision has same of position with the licensing
as element to prevent environment damage and
pollute. The formula of supervision do not find in
general requirements of UUPPLH, but in article 5 of
law Number 12 in 2001 on Establishment of
Legislation compelled the principle of clarity on its
formula. (Anon., 2011) It means that the regulation
of law must consist of the technical requirements for
the preparation of legislation, systematic, choice of
words or terms, as well as clear and understandable
legal language so as to not result in various
interpretations in the implementation. In other words
by clarity of formula and integrated with supervision
environment concept, so the integration of
supervision will progress maximally.
2 RESEARCH OF METHOD
We The study of law from this research use
normative juridical study or doctrinal. According
Peter Mahmud Marzuki, the study of law is a
process finding regulation of law, the principle of
law, and the doctrine of law in order to answer the
issue of law (Marzuki, 2013). The study use three
linked approach, law approach, conceptual
approach, and philosophies approach. The law
resources are the primary, secondary and tarsier of
law (Wignjosoebroto, 2013). The primaries of law
458
Listiyani, N.
Revitalization of Supervision against Local Government Policy in the Protection and Environmental Management.
DOI: 10.5220/0009022600002297
In Proceedings of the Borneo International Conference on Education and Social Sciences (BICESS 2018), pages 458-464
ISBN: 978-989-758-470-1
Copyright
c
 2022 by SCITEPRESS – Science and Technology Publications, Lda. All rights reserved

include the Constitution of Republic Indonesia 1945,
4th post-amendment, Decision of the People's
Consultative Assembly (MPR) Number
IX/MPR/2001 about agrarian reformation and
management natural resources. Primary law
instrument of the laws that deal specifically with the
environment, first Laws Number 32 in 2009, about
protection and management environment (State
Gazette of the Republic of Indonesia Year 2009
Number 140, Supplement to State Gazette of the
Republic of Indonesia Number 5059).
Then, laws of mining, the Laws number 4 in
2009, on Mineral and Coal Mining (State Gazette of
the Republic of Indonesia of 2009 Number 4,
Supplement to the State Gazette of the Republic of
Indonesia Number 4959). Other legal substances that
are the primary legal materials in reviewing legal
issues are Academic Paper and minutes of the
meeting of the making of Law Number 32 Year
2009 on Environmental Protection and Management,
Academic Paper and minutes of the meeting on the
enactment of Law Number 4 Year 2009 regarding
Minerals and Coal and other laws and regulations
that are closely related to the legal issues studied.
The secondary data include articles and law journals,
published papers, news both electronic or mass
media. Tarsier resources use of Indonesian language
big dictionary, websites closed by laws research.
The collection technically of law resources use
literate of study. Literate of study is collecting law
resources through written resources by using content
analyze. It used for getting background of theory, by
study and learn of books, regulations, documents,
reported letters, and another studies both print or
electronic media, that linked with protection and
supervision the management of environment in coal
mining. (Kurnia, 2013)
The analyzes of law resources use order of logic
paradigm. It expand mindset based on the most
fundamental and essential analysis and to material
analysis. The basic research steps are to reflect on
the principles and legal values contained in the law
to find the concept of integrated environmental
management control
3 FINDING AND DISCUSSION
3.1 Reconstruction of Supervision
Regulation in Management Coal
Mining
The construction of natural resource utilize show
that the management natural resource was regulated
in many of law and differs in formula. Natural
resource management that typically includes
planning, organizing, actualling, can be viewed as a
stakeholder aspiration in natural resource
management. The activities in its management can
used for means of interpreting laws, legal reasoning,
and rational arguments against management
formulas in each law. The result interpretation of
law and argument the rational of law will be used to
the harmony of law. Similar perceived to harmony
of law is the foundation for the realization of legal
unification, or in this study use setting integration
phrase.
3.1.1 Law of Environment Become
Umbrella Act for Regulation Sector
Related Environment
The environment object is very wide and impossible
to regulate in a law completely, but required a set of
regulation of law with the same of with. Therefore
law of environment just regulate subject matters
from management environment, it contain of
environment policy which be foundation frame work
for compile regulation of law in other environment
sector, one of them is coal mining sector. (Fachlevi,
et al., 2015)
UUPPLH as legal norm regulates of management
environment has a function to summarize all
environmental legislation into Indonesian system of
environment, in order to become a series of
systematic environmental management arrangements
both vertical or horizontal arrangements,
synchronization and coordination, to prevent the
duplicative rules and or to prevent of contradictive
between one regulation sector with the others,
related the environment. UUPPLH reveal clearly in
article 44: “Every compiles a regulation of law on
national and regional level, must pay attention in
protection and managing the environment
accordance with the regulation that it had been set in
its law”.
The legislation in question at article 44 UUPPLH
does not describe further in general requirement or
in UUPPLH explained. But if referring for law
Number 12 in 2011 on formulation of legislation, so
the question about regulation of law is the written
rule which consist of legal norms that generally
binding and formed or established by state
institution or legal person through established
procedure accordance the regulation of law. In other
words, every established regulation which related
with environment must guided of UUPPLH.
Revitalization of Supervision against Local Government Policy in the Protection and Environmental Management
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UUPPLH is very important to become umbrella
acts in regulation of environment. General
explaining in UUPLH reveal that required a system
of law of protection and management environment
clear, firm and comprehensive in order to guarantee
legal certainty as rule of protection and management
natural resources and other development activities.
3.1.2 Integrated Principle Become Guiding
Concept of Integration Rule for
Supervising Coal Mining Management
Integration come from English, its means perfection
or whole. In the Indonesian big dictionary,
integration means assimilation into a unified whole
and round (Nasional, 2012). According Achmad
Maulana (Maulana, 2004), integration has two
meaning, first, controlling conflict and other current
deviation. second making a whole and integrate
certain elements.
In Rio Declaration, Principle of Integration
reveal that environmental protection shall constitute
an integral part of development process and can not
be considered in isolation from it. an integrated
linked with planning, implementing, and
supervising. An integrated also include spatial,
protection for environment resources, and
integration of management in government level.
Conceptually, the term of integration show that
the scope of environment is integrity. It has
consequences to environment scopes, include
supervision system scope of management
environment. In the Academic Draft Bill of
protection and management environment
(RUUPPLH) formulate that the managing
environment performed base on principle state’s
responsibility, the principle of continuity and
sustainability, utilize, equity, and participative. In
other words in academic papers of (RUUPPLH)
does not entering the integrity concept in
implementing environmental management, but it
published implicit in law Number 32 in 2009 on
UUPPLH, and it expanded in academic papers as
follow:
“The legal of environmental management is a
legal norm which must guided in every activities
that will give environmental impact. Thus, its have
other laws which regulate on its activities, including
mining, gardening, foresting, fishering,
industrializing, transportating, and the others, must
formulated and performed with legal environment
harmony, otherwise the formula and using of legal
environmental management must consider the other
context, so it will be created the sustainable
development.
Based on explanation above, it concluded that
what containing in Academic Papers RUUPPLH, is
link with law number 32 in 2009 on Protection and
Environmental Management. Explained in articles of
UUPPLH reveal that the integration principles
means that the protection and environmental
management performed by combine from other
components or synergy the linked component”.
Furthermore in general requirements UUPPLH,
implies of integrity : need to establish a legal of
protection and environmental management clearly,
firmly, and comprehensive, guarantee legal certainty
as foundation of protection and natural resources
management or the other activities.
And based on that concept, UUPPLH is
comprehensive and integrative legal environment for
whole protection and environmental management
system in Indonesia. And all of sector and institution
should obey to the UUPPLH, include coal mining
that have relation in environmental management.
3.2 Supervision Become One of
Environmental Law Enforcement
Form
Law environment enforcement through legal
administration instruments is the first step and the
basic step to get compliance of rules. it was the first
step because of environment cases will not happen if
legal administration instruments applied and run
well. As the basic step, because of legal environment
enforcement principally is not punish to the actors,
but to prevent and repair environment in quality and
its encouragement (Santosa, 2001).
There are advantages of applied legal
administration environment in the legal environment
enforcement than criminal and civil law instruments.
The advantages reveal by Mas Ahmad Santosa as
follow : first, legal administration enforcement in
environment matters become preventive instrument
optimally; second, legal administration enforcement
(preventively), more efficiently from other finance
both criminal or civil law. The finance of legal
administration enforcement include field supervisor
finance performed frequently, and lab exam cheaper
than collecting evidence, field investigation, hire
witness to prove of causality as like criminal and
civil law; third legal administration enforcement
have more ability inviting people participation.
People participation has hold since license process,
monitoring, arrangement, supervision, and
participation to propose objection and ask state
BICESS 2018 - Borneo International Conference On Education And Social
460

administrative officers to impose administration
sanction.
He said that law enforcement devices in a law
system and government must include; license that it
used as supervision and control devices;
environmental standard, regulation and amdal as
requirements getting license; the supervision
compliance mecanisme; quality, quantity and
sufficient supervisor; administration sanction.
Accordance Berge reveal that there are two
administration enforcement, those are supervision
and administration sanction. Supervision is
preventive way to insist obedience, then
administration sanction is repressive to compel
obedience (Berge, 1994). On the legal
administration perspective, there is general principle
that always being subject guiding, that authorized
officials who issued license must responsible to
perform supervision. The permit that has been
granted is not merely a formal requirement to be
fulfilled by the business actor, but substantially also
must be fulfilled in accordance with the
requirements required in the given permit.
To doing supervision, the official must consist of
three principles, ie authorities, substantive, and
procedure. In UUPPLH regulates that the official
who has an authorized doing supervision against
obedience from responsible person are minister,
governor, leader local government, accordance its
authorities, as regulated in article 72 UUPPLH.
Then, law of mineral and coal in article 140,
regulates that the supervision was done by minister,
governor, and local government for implementation
mining business activities by holders of Mining
Business License (IUP), Mining Permit (IPR), or
Special Mining Business License (IUPK) (Anon.,
2009).
In conducting supervision environment, minister,
governor or leader local government appoint the
official supervisor environment by its authority. The
official supervisor or local supervisor has authority
to perform obedience supervision from responsible
person against regulation of environment license.
The supervision objects has similarities with
supervision objects that regulated in law of mineral
and coal, where in article 141 paragraph (1) reveal
that the supervision that hold by minister, governor,
or leader local is kind of supervision to
environmental management, reclamation, and post
mining. Despite if in article 141 law of mineral and
mining does not explained further, but in article 28
paragraph (1) government regulation Number 55 in
2010 reveals that supervision environmental
management, reclamation and post mining at least
include management and monitoring environment
based on environmental management documents or
the own license environment and had been agreed.
Environment license is also the object of
supervision in government regulation number 55 in
2010 kind of applied rule from article 144 law
mineral and coal, and it is requirement needed from
responsible person in business in getting license. In
other words, to get that, a business or mining should
have environmental appropriate decree that
published depend on environmental impact analyze.
Based on those descriptions, conclude that
environmental management become supervision
object as well as be regulated in law of mineral and
coal mining. It has same substantial by environment
license on supervision objects in UUPPLH.
3.3 The Authority for the Supervision
of Environmental Management in
Coal Mining
The authority for supervision environmental
management is regulated in legal sectoral. In coal
mining, there are two kind of authorities for doing
the supervision of the obedience from the
responsible person to legalization, and obedience of
environment license. UUPPLH regulates for the
official be authorized to perform supervision is
official environmental supervisor, while law of
mineral and coal regulates that the official be
authorized to perform supervision is mining
inspector.
Based on legal administration of state,
principally that the official who has authorized to
propose of license, that have compulsory to doing
supervision. Environmental license is one of
supervision object to manage coal mining, and it
published by minister, governor, and leader local
government with its authorities as well as regulated
in article 36 paragraph (4) UUPPLH. To perform
that supervision, then minister, governor and
subdistrict leader determine the official supervisor of
environment.
Depend on principal of legal administration,
mining inspector is supervisor of environmental
management as it is regulated in law Number 4 in
2009 on mineral and coal mining. He actually does
not have an authority to doing regulation and
obedience for environmental license, because of the
official that determined by minister, governor, or
other local leader to perform supervisor of published
environmental license is the official of
environmental supervisor.
Revitalization of Supervision against Local Government Policy in the Protection and Environmental Management
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3.4 The Regulation of Supervision
based on Protection and
Environmental Management
Conceptually, the essence of supervision
environment concept that involve sectoral
institutions is formulated in legalization clearly and
integrated, especially in the UUPPLH as umbrella
act. Coal mining as one of utilize natural resources
activities regulated in law Number 4 in 2009 as
factually has not contradictive with UUPLH.
According Katili (Katili, 2007), the differ natural
resources, the management policy separately but the
diversity of these natural resources should be
considered in formulating integrated and
comprehensive policies, including in conducting
oversight involving sector agencies. In the Academic
Papers the Law of Protection and Environmental
Management, reveal that one of caused of natural
resources and environment conflict is unharmony of
regulation.
In regular explanation of UUPPLH (5) reveals
that preventive effort in controlling environment
impact needed by utilize supervision and licensing
maximally. It can describes that the supervision has
similarities subjects with the licensing, as same as
the element to prevent damaging or polluting
environment. The formula from supervision concept
as one of instrument that undecided in general
regulation in UUPPLH, and licensing formula
publish in general regulation in article 2 paragraph
35 and 36. But, in article 5 the law Number 12 in
2011 on established regulation reveal that the basic
principle to create a regulate is principles of formula
clarity. The principle of clarity of the formulation is
intended that any Legislation must meet the
technical requirements of the preparation of
legislation, systematic, election words or terms, as
well as clear and understandable legal language so
as not to cause various interpretations in the
implementation.
3.4.1 The Norms of Supervision
Environmental Management Reviewed
from Legal Theories
In the state of law, supervision against government
acts meant that the government in doing the
activities should accordance with legal norm, as
preventive effort. In addition it meant to backward
of time before deviation of legal norm, as repressive
effort. I conclude that the aim of supervision is
pointed to give legal protection to people. The norm
concept of supervision in law Number 32 in 2009,
on protection and environmental management
regulate in material and formal. In material, will se
in article 71 paragraph 75 UUPPLH, and in formal it
determined by giving administrative sanction to
responsible person and his deviation. It consist of
written warning, compelling from state, freezing
permits, or retraction it (Anon., 2009).
Conducting formal, the norm legal enforcement
not only contain legal preventive, but also contain
legal repressive. In other word, it is special authority
of minister to perform second line enforcement. In
other words the minister could applied of
administration sanction to responsible person with
its deviation. In addition of administration, in formal
UUPPLH is also regulate criminal and civil law
against deviation of environment.
3.4.2 Regulation and Supervision Revise
based on Protection and
Environmental Management
The sustainable protection and environmental
management must be implemented through revise of
articles linked with supervision of environmental
obedience by responsible person or activities. It will
be preventive, to prevent of multiviews about
supervision and overlapping conducting for the same
objects, ie the obedience from responsible person in
business. related in this case about environment
license is done together by ministry of environment
and forest wiht regional environment agencies and
ministry of energy and mineral mining with energy
and mineral agencies (Listiyani, 2017).
In UUPPLH, required formula to revise in
general requirements article 1, by adding supervision
definition. It should be in general requirements of
legal environment, with the aims to emphasize
ascension of supervision that regulates in legal
environment. Technique in arranging regulation of
law (Anon., 2011), has regulated that put general
requirement in chapter 1, and if the legislation do
not perform of grouping chapter, so the general
requirement placed in article or some early chapters.
General requirements consist; boundary of
definition; shorts or acronym poured in boundary
definition and or other matters of a general nature
applicable to the following chapters or articles,
including those that reflect principles, objectives,
and objectives without being formulated separately
in chapters or article.
Then in number 102 on technically of arranging
legislation established that words or term used
repeating in article or some next article. Supervision
words in UUPPLH used in some different articles
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and be repeated in similar article, both in special
article which set supervision (article 71-75
UUPPLH), or another article in UUPPLH has
supervision linked.
Linked with supervision to obedience of person
in charge of business or activities had been regulated
in law Number 32 in 2009 on protection and
environmental management, and the same object
supervised was regulated in law number 4 in 2009
on mineral and coal. Article 141 of law Mineral and
coal regulate that one of step in mining need to
supervise are environemtal management,
reclamation, and post-mining. Furthermore, in the
Implementing Ordinance in the form of Government
Regulation No. 55/2010 concerning the
Development and Supervision of Business
Management of Mineral and Coal Mining Article 28
explained that: The supervision of environmental
management, reclamation and post mining as
referred to in Article 16 letter h covers the
management and monitoring of the environment
accordingly approved environmental and
environmental approval documents.
When referring to the provisions of the technical
arrangement law in Attachment II of Law Number
12/2011 stated that : “If formulation the definition of
the Law is reformulated in the law to be determined,
its definition shall be the same as the definition in
the applicable Laws and Regulations”.
Furthermore in number 104 the techniques of
arrangement law reaffirm that formula of definition
limits from a legislation could be different with the
others because of it adjusted the needs related to the
material content to be arranged. If based on the
legislation above, UUPPLH and law of mineral and
coal, have similarities in supervision of obedience
from person in charge.
There is no definition of supervision clearly in
UUPPLH and law of mineral and coal can creates of
multiviews and misunderstood, and it is ignore the
principle of clarity. every legislation must meet the
technical requirements of the preparation of
legislation, systematic, choice of words or terms, as
well as clear and understandable legal language so
as not to cause a variety of interpretations in the
implementation (Anon., 2011).
The concept of supervision refers to supervision
theory from Terry. He reveal that supervision is
focused on evaluation actions and correction of
outcomes that have been achieved. Fayol said that
the essence of supervision is assessment of
something that have been working accordance with
planned. Supervised find out mistakes, and it will
repaired and it does not repeated (Huda, 2013).
In legal perspective, as preventive and
repressive, the supervision pointed to avoid of
mistakes, repair it, and not repeated. In other words
the preventive supervision is supervised to prevent,
and repressive supervision is suspension or
cancellation of determined (related with utilize
natural resources, so repressive function are
suspension or cancellation of environment license
for protected and environmental management)
Supervision concept will added in general
requirement in UUPLH, as follow; “The supervision
is a series of activities conducted with integrated
done by the official environmental supervisor and or
local official environmental supervisor to see, to
confirm, and to establish the level of obedience from
the person in charge in business or activities for
established regulation in environment license and
legislation to protect and to manage environment,
and coordinate with the official sectoral supervisor”.
The define of supervision above, describes that
supervision environmental management, encompass
of the elements as follows; first, the same object
supervision, ie supervision for environment license
that published by ministry of environment and
forestry, governor and the leader of local
government; involve sectoral agencies, that is The
Ministry of Environment and Forestry, and the
Ministry of Energy and Mineral Resources; the same
goal, to ensure that environmental management of
coal mining is compliance with the environmental
permit that issued; the coordination between the
authority institution to supervise.
The formula of supervision concept that written
has conform of integrated principle. It include
environmental elements, managing and integrating
stakeholders. In addition, integrated concept has
meet of supervision as revealed by Van and Berg
(Rangkuti, 2005), those are integration of legal
authority, and coordination. The integration of
supervision in managing coal mining has means
fusion of competences, while the coordination is
working together in the exertion of autonomous
competences.
According Van Wijk and Willen Konijnenbelt,
there are three of submission of authority models,
those are attribution, delegation, and mandate. The
authority is obtained by attribution is pure come
from the formulation of law. This model, giver and
receiver could creates the new an authority, or
expand it. Attribution is the authority to make
decision referring to the law. The formation of
authority and distribution authority established by
legalization (Likman, 2016).
Revitalization of Supervision against Local Government Policy in the Protection and Environmental Management
463

Furthermore, the sectoral revision required to
perform in law of mineral and coal, especially linked
with the authority of mineral and coal management
that has changed in law Number 23 in 2004 on
Regional Government. Related the article which rule
the supervision, so the law Mineral and Coal must
assertive to regulate environmental management as
it meant in article 141 (1) letter h the law Number 4
in 2009, reveal that the authority of supervision not
more mining inspector on duty, but it is the official
supervisor of environment that choosen by minister,
governor and regent.
authors.
4 CONCLUSIONS
Based on the analyze of law that have been
explained, the study conclude that UUPPLH is legal
environment positively, comprehensive and
integrated for whole system of protection and
environmental management in Indonesia. All of
competence agencies that perform of protection and
environmental management be based on UUPPLH,
including the coal mining. In article 1 (2) UUPPLH
reveal that one of the preventive effort is performing
supervision integrated and systematically. The
pointed supervision is to prevent the deviations to
avoid the worst impact.
There is not supervision definition in UUPPLH
and Law of Mineral and Coal is a weakness. Depend
on the principle of clarity of formulation on a
regulation submitted in article 2 letter G the Law
Number 12 in 2011 on Formulation of Legislation,
and without any firm and clear of definition, the
contents of material contained in the law will result
in various interpretations in the implementation.
Therefore, it is necessary to establish a clear and
firm definition of integrated environmental
management control.
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