The scope of work of an environmental lawyer in the post-mining sector plays a highly strategic role in ensuring legal compliance, environmental protection, and the fulfillment of the rights of affected communities. The following outlines the key responsibilities:
- Compliance with the Post-Mining Plan (RPT) and Reclamation
The lawyer ensures that the company fulfills its reclamation and land rehabilitation obligations in accordance with the government-approved Post-Mining Plan (RPT). This includes supervising the proper use and disbursement of reclamation guarantee funds in compliance with Undang-Undang Nomor 3 Tahun 2020 concerning Mineral and Coal Mining.
- Environmental Legal Risk Audit and Mitigation
Conducting non-technical legal reviews of the company’s compliance with Undang-Undang Nomor 32 Tahun 2009 on Environmental Protection and Management (PPLH). This measure aims to prevent potential administrative sanctions, civil claims, or criminal liability arising from failure to restore environmental functions.
- Land Dispute and Social Conflict Resolution
Providing legal assistance in resolving disputes between the company and local communities concerning environmental impacts or the utilization of former mining land. The lawyer may act as legal counsel, mediator, or facilitator in alternative dispute resolution (ADR) mechanisms to achieve fair and sustainable solutions.
- CSR Advisory and Community Development
Providing legal advice on the implementation of Corporate Social Responsibility (CSR) programs focused on community empowerment and economic sustainability following the cessation of mining operations, ensuring compliance with applicable regulations and principles of good corporate governance.
- Ecological Restoration Advocacy and Strict Liability
Representing the interests of communities or environmental organizations, such as Jaringan Advokasi Tambang, in pursuing corporate accountability for environmental damage that has not been properly restored, including the application of the strict liability principle under Indonesian environmental law.
- Legal Certainty for Post-Mining Land Utilization
Ensuring legal certainty regarding land status and permits if post-mining areas are to be converted into other productive uses, such as agriculture, green open spaces, industrial zones, or tourism destinations. This includes compliance with licensing requirements, spatial planning regulations, and other applicable sectoral laws.
Other important legal aspects include the regulation and supervision of the reclamation guarantee fund disbursement procedures, ensuring that such funds are utilized properly, transparently, and strictly in accordance with their designated purpose for environmental restoration.
In addition, attention must also be given to the mechanism for filing a class action lawsuit in cases of post-mining pollution or environmental damage, as a legal instrument that enables affected communities to collectively seek accountability and compensation for the losses suffered.