962 The phenomenon of informal and illegal mining is widespread in developing nations, including Indonesia. These activities generally occur outside of government oversight, lack adequate technology, and ignore safety standards or environmental protections. Consequently, various negative impacts emerge, ranging from environmental degradation such as deforestation and water/soil pollution to social conflicts between communities, authorities, and legal mining companies. Addressing these issues requires more than just strict law enforcement; it demands a deep understanding of the socio-economic factors driving communities toward informal and illegal mining. Therefore, this study is essential to understand the challenges and socio-environmental impacts involved, serving as a foundation for formulating fair and sustainable policies. 2. THEORETICAL FRAMEWORK AND LEGAL CONTEXT Illegal mining refers to extraction activities conducted without official government authorization and in defiance of existing regulations, including the failure to provide reclamation and post-mining guarantees. In contrast, informal mining may occur within legal areas but is carried out by individuals or small groups lacking a formal legal entity or standardized operational procedures. 2.1 Theoretical Framework: Social and Environmental Impacts Environmental and social impacts are critical aspects that must be considered as a consequence of mining activities. According to Rumkel et al. (2020), an environmental impact is the influence of changes on the environment resulting from a business and/or activity. Meanwhile, according to Stroz (1987:76), social environmental impacts encompass all conditions in the world that, in certain ways, influence an individual's behavior, including growth, development, or life processes, which can also be viewed as "providing the environment" for future generations. When legal and regulatory structures are weak, communities residing near illegal mining sites tend to experience uncertainty, social conflict, and the deterioration of local social institutions. 2.2 Legal Framework in Indonesia In Indonesia, several regulations govern mineral and coal mining permits, including: • Mineral and Coal Mining Law (such as Law No. 3 of 2020): This law regulates mining permits and reclamation. However, in practice, there are gaps in implementation, particularly regarding illegal mining activities that are difficult to monitor. • Environmental Regulations (such as Law No. 32 of 2009): This law governs environmental protection, sanctions for violations, and the mandatory obligation for reclamation and restoration. Numerous studies have highlighted weaknesses in this area, specifically regarding enforcement, oversight, and the lack of effective sanctions. • Government Regulation No. 39 of 2025 (Amendment to PP 96/2021): This regulation stipulates that cooperatives and Small and Medium Enterprises (SMEs) are permitted to manage Mining Business Permit Areas (WIUP) for metallic minerals or coal. 3. ENVIRONMENTAL AND SOCIAL IMPACTS Illegal and informal mining operations disregard environmental and social aspects, as these activities do not conduct reclamation or provide post-mining guarantees once extraction is completed. This lack of accountability leads to severe consequences if not properly addressed.
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