SUHARDI-Protection of Living Spaces of Communities Affected by Tin Corruption in the Context of Fulfilling Human Rights.pptx

KORUPSI TATA KELOLA TAMBANG TIMAH

1. Protection of Living Spaces of Communities Affected by Tin Corruption in the Context of Fulfilling Human Rights SUHARDI NIM 4032411013

2. 1 . PROBLEM BACKGROUND Protecting the living space of communities affected by corruption in the tin mining sector is a complex issue involving many dimensions, including legal, economic, social and environmental. Corruption in the industry often results in significant environmental damage, which harms the human rights of local communities, particularly in relation to the right to a clean and healthy environment. Communities living around mining areas are often victimised by irresponsible practices, losing access to natural resources that are essential to their livelihoods. In this context, the government has an obligation to protect communities from the adverse effects of corruption, but oversight and enforcement are often weak. This creates a gap in human rights protection, which requires further research to understand the real impacts and develop more effective protection strategies.

3. 1 . PROBLEM BACKGROUND Corruption leads to a decline in the quality of life of communities around mines due to environmental degradation and loss of natural resources that support their livelihoods. In addition, communities' lack of access to information and involvement in decision-making exacerbates the situation, where they often have no means to fight for their rights. While there are regulations that aim to protect human rights, poor implementation and oversight are often major obstacles in realising justice for affected communities. Therefore, the need for a more holistic and human rights-orientated approach is an urgent solution. .

4. 2. PROBLEM STATEMENT 1. WHAT IS THE IMPACT OF TIN MINING CORRUPTION ON PEOPLE'S LIVES? 2. HOW SHOULD THE PROTECTION OF PEOPLE'S LIVING SPACE BE DISTURBED DUE TO TIN MINING CORRUPTION?

5. 3. RESEARCH METHODS THIS RESEARCH APPROACH IS A CASE STUDY APPROACH WITH A FOCUS ON TIN CORRUPTION THAT OCCURS IN INDONESIA TODAY. RESEARCH APPROACH THIS RESEARCH IS A SOCIO-LEGAL TYPE OF RESEARCH BECAUSE IT ANALYSES THE REAL CONDITIONS THAT OCCUR IN SOCIETY ACCOMPANIED BY A STUDY OF LAWS AND REGULATIONS RELATED TO THE PROBLEM. RESEARCH TYPE THIS RESEARCH USES PRIMARY DATA AND SECONDARY DATA. PRIMARY DATA SOURCES CAME FROM INTERVIEWS WITH COMMUNITIES AROUND THE MINE SITE WHOSE LIVING SPACE WAS DISTURBED BY TIN MINING ACTIVITIES. SECONDARY DATA SOURCES WERE OBTAINED FROM REGULATIONS RELATED TO MINING, ENFORCEMENT OF CORRUPTION OFFENCES AND LAWS AND REGULATIONS RELATED TO HUMAN RIGHTS. DATA SOURCE THE DATA ANALYSIS CARRIED OUT IS QUALITATIVE DATA ANALYSIS DATA ANALYSIS

6. Corruption in tin mining activities in Indonesia, especially in tin-producing areas such as Bangka Belitung, has a detrimental impact on people's lives. Here are some of the main impacts arising from corrupt practices in the tin mining sector: PS 1 . Decrease in Regional Revenue and Community Welfare Corruption in the tin mining sector often occurs in the form of manipulation of mining licences , embezzlement of royalties, and reduction of taxes that should be deposited to local governments. As a result, local revenues that should be obtained from this sector are significantly reduced. Funds that should have been allocated for infrastructure development, education, health and social programmes for the community are not realised , leading to development delays and poor quality of public services. This exacerbates economic inequality and slows down the improvement of people's welfare in the region. 2. Environmental Degradation and Health Impacts Corruption allows mining licences to be issued without fulfilling strict environmental procedures, such as AMDAL or hazardous waste management permits. Mining companies that obtain licences illegally or violate environmental regulations tend to neglect waste management and post-mining land remediation, leading to water, soil and air pollution. Communities around mines that are exposed to toxic waste from illegal or poorly supervised mining activities can experience health problems, such as respiratory problems, skin diseases, and the risk of poisoning. These impacts not only reduce people's quality of life but also increase their health costs . UM DOLOR SIT AMET, CU USU AGAM INTEGRE IMPEDIT. IV. RESEARCH RESULTS

7. 3. Natural Resource Damage and Decreased Long-term Economic Potential Corrupt practices allow over-exploitation of mines without regard to sustainability. As a result, the area's natural resources are rapidly depleted, and the resulting ecological damage is difficult to repair. Unreclaimed land and illegal land use change result in long-term economic losses, as damaged areas cannot be utilised for agriculture, fisheries or tourism. Environmental degradation due to irresponsible exploitation undermines the long-term economic potential of the region and reduces sustainable income opportunities for future generations . . 4. Loss of Employment Opportunities in Alternative Economic Sectors Corruption also often leads to funds that should be used for economic diversification or alternative sector development (such as agriculture and tourism) becoming unavailable or misused. In fact, economic diversification is essential to reduce communities' dependence on the unsustainable mining sector. With corruption, communities affected by the decline of mining activities have no other reliable employment opportunities, resulting in increased unemployment and economic vulnerability. UM DOLOR SIT AMET, CU USU AGAM INTEGRE IMPEDIT. IV. RESEARCH RESULTS

8. 5. Social Inequality and Growing Public Discontent Corruption in the tin mining sector often involves collusion between large companies and government officials, so that only a few people enjoy the economic benefits of mining. Local communities living in the vicinity of the mines often do not directly benefit from mining activities, and even bear the negative impacts. This social inequality can lead to dissatisfaction, distrust of government and even social conflict. Communities feel ignored in decision-making processes, which can undermine public trust in government and worsen social stability. 6. Weakening Law Enforcement and Regulation Corruption in the mining sector also has an impact on law enforcement and environmental regulations. When officials who are supposed to enforce the law are involved in corrupt practices, existing regulations become difficult to enforce. This creates an unfair business climate, where law-abiding companies lose out to companies that break the rules. Weak law enforcement due to corruption not only undermines mining governance but also makes it difficult to restore damaged environments. UM DOLOR SIT AMET, CU USU AGAM INTEGRE IMPEDIT. IV. RESEARCH RESULTS

9. The protection of community living spaces disrupted by corruption in tin mining activities should include strategic measures that focus on environmental restoration, fulfilment of community rights, and strict law enforcement. The following are some of the forms of protection that need to be done: 1. Rigorous and Transparent Law Enforcement The first step in protecting communities from the impacts of mining corruption is strict law enforcement against all parties involved, both government officials and violating companies. Law enforcement agencies, such as the Corruption Eradication Commission (KPK), must be active in investigating corruption cases related to tin mining licences . In addition, the law enforcement process must be transparent so that the public can monitor the progress of the case and justice can be felt directly. 2. Land Rehabilitation and Reclamation by Mining Companies Companies found to have committed offences due to corruption should be required to carry out reclamation and rehabilitation of ex-mining land to restore the ecosystem and prevent further impacts on people's living space. The government should also ensure adequate reclamation guarantee funds are in place before mining licences are granted. If the company is unable or unwilling to carry out restoration, the government should use the guarantee fund to carry out the required reclamation. These rehabilitation activities must be closely monitored to restore the land to a condition that is suitable for the surrounding community . . . UM DOLOR SIT AMET, CU USU AGAM INTEGRE IMPEDIT. IV. RESEARCH RESULTS

10. 3. Strengthening Human Rights Protection and Community Participation . Communities have the right to be involved in decision-making processes related to mining activities that affect their environment and health. For this reason, there needs to be a policy that requires mining companies and governments to actively involve communities, especially in the AMDAL process and public consultations. This strengthening of community rights includes the right to transparent information and access to consultation before licences are granted. This way, communities can provide input and raise objections if mining activities have the potential to damage their environment. 4. Provision of Compensation and Socio-Economic Recovery Programmes Local governments should provide appropriate compensation programmes for communities affected by mining damage and loss of livelihood. Compensation can take the form of financial assistance, skills training programmes , or alternative economic empowerment such as agribusiness and tourism. In addition to compensation, governments can also develop health programmes for communities experiencing health impacts due to environmental pollution from mines, such as free access to health services or subsidised medical care. CU USU AGAM INTEGRE IMPEDIT. IV. RESEARCH RESULTS

11. 5. Periodic and Strict Environmental Audits The government needs to conduct regular environmental audits of mining companies to ensure that environmental standards are being adhered to. These audits should include monitoring of hazardous waste management, water and air quality, and impacts on the health of neighbouring communities. The results of environmental audits should be transparently shared with the public so that people can monitor company compliance themselves. Companies that do not pass the audit should be given strict sanctions, such as licence revocation or large fines. 6. Establishment of an Independent Monitoring Team The formation of an independent monitoring team involving the community, non-governmental organisations (NGOs), academics and the government is essential to objectively monitor mining activities. This team is tasked with monitoring the environmental and social impacts of the mine, and reporting any violations that occur. This monitoring team can also serve as a liaison between the community and the government to address complaints or grievances related to the negative impacts of mining. CU USU AGAM INTEGRE IMPEDIT. IV. HASIL PENELITIAN

12. 7. Long-term Ecosystem Restoration through Reforestation and Conservation Efforts to protect the community's living space can also be made by reforesting damaged former mining lands. The government, together with mining companies and communities, can run tree replanting programmes or develop conservation areas that also have economic benefits, for example, through the development of ecotourism. This ecosystem restoration not only helps improve environmental quality but also creates new economic opportunities for the community. . 8. Provide Complaints and Legal Aid Pathways for Communities Communities affected by tin mining corruption should have access to grievance and legal aid channels to report violations or seek redress. Legal aid organisations can provide a platform for communities to legally claim their rights, both against mining companies and government officials involved in corruption. The government can also provide free or low-cost legal aid so that people have no difficulty in obtaining justice. . IV. RESEARCH RESULTS

13. V. CONCLUSIONS AND SUGGESTIONS 1. Corruption in tin mining activities has a broad impact on people's lives, ranging from decreased welfare, environmental pollution, damage to natural resources, to social inequality. This impact is not only felt in the short term, but also affects the economic prospects and quality of life of the community in the long term. To overcome this problem, a strong commitment from the government and law enforcement is needed to ensure transparency, accountability and strict enforcement of regulations in mining activities, as well as ensuring that the economic benefits of mining are truly felt by the wider community, not just a few parties. 2 . Protecting the living space of communities affected by tin mining corruption requires comprehensive and integrated measures, ranging from law enforcement, environmental reclamation, alternative economic empowerment, to community involvement in supervision and decisions. With protection policies that focus on environmental restoration and social justice, affected communities can continue to have a decent living environment and access to sustainable economic opportunities.

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