Evaluating Policy and Legal Challenges in the Legalisation of Artisanal Small Scale Gold Mining in West Kalimantan

Luthfie Sulistiawan

Abstract: This study investigates the legal challenges and policy frameworks surrounding artisanal smallscale gold mining ASGM in West Kalimantan, Indonesia. The research focuses on understanding current regulatory approaches, identifying barriers to the implementation of mining permits, and proposing policy reconstructions. Using normative research methods, the study reveals that full law enforcement, technological limitations, and weak government commitment are primary obstacles. A policy reconstruction is proposed to integrate environmental standards and global regulations, particularly aligned with the Minamata Convention, to promote sustainable mining practices. To achieve this goal, normative research methods were employed, focusing on reconstructing ASGM legalization policies. The results of this research: Firstly, the current policy setting for ASGM legalization in Indonesia is to provide People's Mining Permits (IPR) to both individuals and business entities. Secondly, several factors hinder the legalization of ASGM through IPR, including ineffective law enforcement, lack of technological support and infrastructure for nonmercury mining, weak government commitment, and inadequate guidance and supervision of IPR implementation. Thirdly, reconstruction of the ASGM legalization policy was carried out by forming special laws and regulations governing ASGM, facilitating IPR holders with the help of technology, funding, and marketing, integrating global legalization policies with the Minamata Convention, establishing a legal culture, and creating gold product certification regulations and SVLE, and developing mechanisms to evaluate and collaborate between ministry/department functions in ASGM management.

Keywords: ASGM, mining policy, West Kalimantan, environmental sustainability, Minamata Convention