Summary of "Konflik Nikel di Raja Ampat: Problem Ekologis Hingga Pelanggaran HAM"

The video "Konflik Nikel di Raja Ampat: Problem Ekologis Hingga Pelanggaran HAM" presents a detailed academic and legal discussion on the ongoing Nickel Mining conflict in Raja Ampat, West Papua, Indonesia. The event is moderated by Ahmad Suryo and features experts including Bisman Bakhtiar (mining law), Dr. A. Sakti Ramdonsyah Rakia (constitutional law), and contributions from other legal and human rights authorities.

Key Issues Discussed:

  1. Nickel Mining and Environmental Damage
    • Raja Ampat is a globally significant marine biodiversity hotspot and strategic tourist destination, yet Nickel Mining activities have caused severe ecological damage.
    • Mining in coastal and small island areas inherently risks massive and irreversible environmental degradation, including destruction of protected forests, coral reefs, endemic biodiversity loss, and potential heavy metal pollution.
    • Environmental damage in Raja Ampat is reportedly worse than other high-profile cases like the tin mining pollution in Bangka Belitung.
  2. Legal and Regulatory Problems
    • Mining permits (IUPs) have been issued since the New Order era, but recent public scrutiny has intensified due to environmental and social impacts.
    • There is confusion and conflict over licensing authority between central and provincial governments, with recent recentralization of mining governance under Law 3/2020 and Presidential Regulation 55/2022.
    • The mining business permits in Raja Ampat have been revoked by the government following public uproar, but the underlying mining areas (WP) remain designated as mining zones, raising concerns about potential permit renewals and continued exploitation.
    • The issuance of permits violates Article 35 of Law No. 27/2007 on Coastal and Small Island Management, which prohibits mining activities that cause environmental damage in such areas.
    • Constitutional Court decisions underline the limited environmental capacity of small islands and the need to uphold the precautionary principle and intergenerational justice.
  3. Human Rights and Indigenous Peoples’ Rights Violations
    • Mining activities violate customary land rights and disrupt indigenous Papuan communities who view nature as sacred and essential to their cultural identity and livelihood.
    • The Special Autonomy Law for Papua, which should protect indigenous rights and regulate natural resource management, is often overlooked or inadequately implemented in mining permits.
    • There have been reports of intimidation of activists and non-transparent licensing processes.
    • Environmental degradation leads to loss of livelihoods, social conflicts, and breaches of constitutional human rights provisions, including the right to a healthy environment (Article 28H) and recognition of customary rights (Article 18).
  4. Socio-Economic Paradox and Governance Challenges
    • Despite Indonesia’s rich mineral resources, including being the world’s largest nickel producer, many mining regions including Papua and West Papua remain among the poorest provinces.
    • Mining revenues contribute a very small fraction to the national budget (less than 1%), and corruption, mismanagement, and oligarchic control undermine equitable distribution of benefits.
    • The phenomenon of the “resource curse” or “paradox of abundance” is evident, where resource-rich regions suffer from environmental degradation, economic dependency, social conflict, and “ghost towns” after resource depletion.
    • Sustainable development goals (SDGs) related to poverty eradication, climate action, marine and terrestrial ecosystem conservation, and institutional justice are being violated in mining areas like Raja Ampat.
  5. Recommendations and Forum of Deans’ Position
    • The Forum of Deans of Muhammadiyah Law Faculties across Indonesia issued a formal statement expressing deep concern over the ongoing mining activities in Raja Ampat.
    • They call for:
      • Permanent revocation of mining permits and removal of Raja Ampat from designated mining areas.
      • A moratorium on mining activities in conservation and small island areas.
      • Review and alignment of mining permits with spatial planning and sustainable development principles.
      • Protection and fulfillment of indigenous peoples’ rights through restorative approaches.
      • Promotion of sustainable development models based on conservation, ecotourism, and local wisdom.
    • The forum highlights the government’s failure to uphold environmental and human rights laws and urges immediate rehabilitation and ecosystem restoration efforts.
  6. Legal and Administrative Insights
    • The principle of contrarius actus (revocation of permits) can be challenged in administrative, civil, and criminal courts, but practical enforcement is complicated by overlapping regulations and political interests.
    • Criminal sanctions for permit issuers were removed from the mining law in recent revisions, limiting accountability unless corruption or bribery is proven.
    • The decentralization and centralization dynamics of mining governance remain contentious, with ongoing judicial reviews on the division of authority between central and regional governments.
  7. Cultural and Sociological Perspectives
    • Indigenous Papuans’ worldview sees nature as a living mother and spiritual entity, with customary laws such as sasi governing natural resource use.

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