Chairman of PSA IPB University: Mining on Small Islands Violates Regulations and Indigenous Rights
The Chairman of the Agrarian Studies Center (PSA) at IPB University, Dr Bayu Eka Yulian, expressed his concern over the increasing practice of mining on small islands, including in the Raja Ampat region of Southwest Papua, which is currently a hot topic.
He stated that such mining activities are in conflict with Law No. 27 of 2007 concerning the Management of Coastal Areas and Small Islands, along with its amendments in Law No. 1 of 2014.
“When we talk about Raja Ampat, we are discussing the ecosystem of small islands. According to the law, small islands with an area of less than 2.000 km² should not be designated as mining zones because mining is not a priority in small island ecosystems,” explained Dr Bayu.
With an area of only around 60 km², Gag Island in Raja Ampat clearly falls into the category of small islands. He emphasized that open-pit mining in such areas is highly risky, considering their environmental capacity, which is vulnerable to ecological disturbances.
“Small islands are very fragile. When mined, drastic changes occur in their ecosystems. Sedimentation, murky water, and the loss of forest cover are tangible impacts. The environment and water are affected, coral reefs are damaged, and habitats of protected fish species are impacted,” he further elaborated.
He also touched on the complex social aspects involved. “Land in Papua is not empty; there are customary land arrangements. If mining permits are issued without the approval of indigenous communities, it will trigger long-term land tenure conflicts,” he explained.
He pointed out that what is happening now is an early warning sign. In 2023, one company seeking to mine on a small island filed a lawsuit with the Constitutional Court (MK) against Law No. 27/2007 in conjunction with Law No. 1/2014, claiming that these regulations hindered and discriminated against small island mining activities. However, based on MK Decision No. 35/PUU-XXI/2023, the lawsuit was entirely dismissed.
“This decision can set an important precedent. The MK declared that mining on small islands is dangerous to their ecosystems because it constitutes an ‘abnormally dangerous activity,’” he said.
Furthermore, Dr Bayu reminded that Article 23, paragraph 2 of the Law on Coastal and Small Islands Management states that the utilization of small islands should prioritize conservation, education, research, fisheries, tourism, agriculture, and animal husbandry.
“None of these activities mention mining,” stated the lecturer from the Faculty of Human Ecology (Fema) at IPB University.
He also criticized the common argument of economic growth used to justify mining activities on small islands. “If we only pursue economic growth figures and Regional Original Income (PAD) without considering environmental damage, the long-term negative externalities will far outweigh the short-term gains,” he warned.
Dr Bayu called on the government to enforce regulations firmly and consistently. “Don’t let the country legalize environmental damage under the guise of economic growth. We must be honest that mining on small islands is a violation of laws and indigenous rights,” he emphasized.
He further stated that integrated spatial planning must be the primary basis for national development and environmental protection. “If we want to mine, the first thing that must be ensured is that it does not violate spatial planning,” he said.
Dr Bayu also reiterated that small islands have never been prioritized for mining activities due to their limited ecological capacity.
He urged Indonesia to immediately implement a comprehensive one-map policy, which should serve as a reference for all relevant ministries and agencies.
“Up to now, the maps used as the basis for policymaking are often inconsistent, as each sector has its own map according to its interests,” he added.
The incident in Raja Ampat, Dr Bayu said, is just the ‘tip of the iceberg.’ He called for a complete reevaluation of all mining permits on Indonesia’s small islands, including in Kalimantan and Sulawesi.
“We need to use this moment as a national reflection. Let’s not turn fertile rice fields into factories, and let small, vulnerable islands be exploited for mining,” he emphasized firmly. (dr) (IAAS/PRO)
