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E-ISSN: 2550-0090
People's mining governance and ecological impacts in Jayapura City .
Hotlan Samosir1*.
Tiurlina Siregar2.
Yansen Alberth Reba3.
Zaenul Muttaqin4.
Fakhar Hussain5.
Rendra Christian Samosir1 1 Faculty of Law.
Universitas Cenderawasih.
Indonesia 2 Science Education Study Program.
Universitas Cenderawasih.
Indonesia 3 Guidance and Counseling Study Program.
Universitas Cenderawasih.
Indonesia 4 Public Administration Study Program.
Universitas Cenderawasih.
Indonesia 5 Civics.
Government Imamia Associate College Sahiwal.
Pakistan *Corresponding Author: hotlan.
samosir06@gmail.
Abstract Introduction to the Problem: The case of artisanal mining in Jayapura City has had positive socioeconomic impacts through job creation.
However, it has also raised concerns about ecological impacts, including landscape degradation and contamination of the watershed that drains into Lake Sentani.
Purpose/Study Objectives: This study aims to analyze the dynamics of community mining governance in Jayapura City since 1998, with a focus on the role of local government in law enforcement and the ecological impacts of small-scale gold mining Design/Methodology/Approach: A socio-legal research approach was adopted, grounded in an empirical-juridical paradigm to capture both the statutory framework and its practical implementation.
Data for the study were compiled through an analysis of regulatory documents, academic literature, and environmental impact reports, augmented by systematic field observations at key mining sites around Jayapura .
ncluding buffer zones near the Cyclops Nature Reserve and the Lake Sentani watershe.
Observations were conducted over five months, utilizing document research protocols and peer review verification to ensure data reliability and analytical rigor.
Findings: The findings reveal regulatory gaps and weak law enforcement, resulting in rampant illegal mining and environmental degradation, including land degradation, alterations to the hydrological system, and pollution of the watershed, ultimately affecting Lake Sentani.
Although formalization of community mining businesses was attempted after 2007, challenges such as weak coordination between agencies, limited oversight, and conflicts of interest complicate the implementation of sustainable regulations.
This study recommends strengthening the assessment of community mining areas, developing transparent local regulations, improving oversight and law enforcement mechanisms, and involving communities in environmental monitoring and advocacy to achieve a balance between regional economic and environmental sustainability.
Samosir.
Siregar.
Reba.
Muttaqin.
Hussain.
Samosir
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E-ISSN: 2550-0090
Novelty Volume 16.
Issue 2, 2025, pp.
Paper Type: Research Article Keywords: Administrative Law.
Artisanal Mining.
Ecological Impacts.
Jayapura City Copyright A2025 by Author.
This work is licensed under a Creative Commons Attribution-ShareAlike 4.
0 International License.
All writings published in this journal are the personal views of the authors and do not represent the views of this journal and the author's affiliated Introduction The dynamics of local governance continue to undergo significant transformations in response to the increasingly complex needs of society, particularly in the context of natural resource management and environmental protection.
This transformation not only includes administrative aspects but also involves the evolution of legal systems that serve as a fundamental framework in regulating local governance and ensuring the protection of public interests (Salako et al.
, 2.
Although the use of digital transformation has opened up opportunities to improve the efficiency of public services, challenges such as corruption and weak visionary leadership are still significant obstacles to the optimization of public services (Herasymiuk et al.
, 2024.
Trung, 2.
In the context of natural resource management, the intensification of exploitation has created an urgency for effective regulation to ensure sustainable development and community welfare (Nwani et al.
, 2.
Overexploitation of natural resources not only threatens environmental sustainability but also has a direct impact on people's health and well-being (Goswami, 2.
This emphasizes the importance of sustainable management that balances economic development with environmental preservation, including the implementation of policies to reduce carbon emissions and energy intensity (Hutajulu et al.
, 2.
The issue of natural resource exploitation becomes even more complex when it intersects with human rights issues, especially in communities on irregular incomes (Hammond & Batariwah, 2.
Experiences in various countries, such as Nigeria and Ghana, show how extractive activities can harm local communities through environmental degradation and social injustice (Hammond & Batariwah, 2024.
Oluduro, 2.
Vulnerable groups, including low-income communities and ethnic minorities, are often the most affected by environmental degradation (Bulia, 2.
The 1992 Rio Declaration centered on the principle of regional responsibility, mandating that countries adhere to the tenets of sustainable development (Muttaqin.
Parluhutan et al.
, 2022.
Taufiqurokhman & Hafiid, 2.
Indonesia has formally incorporated these principles into its national legislation through the enactment of Law No.
32 of 2009 concerning Environmental Protection and Management, and Law No.
3 of 2020 concerning Amendments to Law No.
4 of 2009 concerning Mineral and Coal Mining.
These legislative instruments encompass a Article History Submitted 30 November 2024 - Revision Required 10 May 2025 - Accepted 6 October 2025 Jurnal Hukum Novelty Volume 16.
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comprehensive array of regulations, including Government Regulation (PP) No.
22 of 2021 concerning the Implementation of Environmental Protection and Management, as well as PP No.
23 of 2010 concerning the Implementation of Mineral and Coal Mining Business Activities.
In Indonesia, the management and protection of natural resources are a constitutional mandate for local governments, stipulated in Article 12 of the 1945 Constitution.
This legal framework is reinforced by Law No.
5 of 2009, which sets the parameters of sustainable management (Badenhorst & Stein, 2.
Following the enactment of Law No.
3 of 2020, the authority to regulate artisanal mining was transferred mainly to the central government.
However, the implementation of these regulations still faces challenges, particularly in terms of compliance with international environmental standards and achieving optimal community engagement.
Based on the official press release of the Ministry of Energy and Mineral Resources (March 2.
, the number of People's Mining Areas that have been designated nationally is 1,215 locations with a total area of 66,593.
18 hectares, spread across 19 provinces, including Kalimantan.
Sulawesi, and Sumatra (Fadilah, 2.
Several studies have consistently demonstrated the ongoing weaknesses in governance and law enforcement regarding small-scale mining in Indonesia.
Field practices in Jambi and West Nusa Tenggara demonstrate rampant illegal mining activities and weak environmental oversight, as noted by Meutia et al.
and Darminto et al.
Studies in several regions, such as Sukabumi (West Jav.
and Katingan (Central Kalimanta.
, reinforce the urgency of this research.
The use of mercury in the amalgamation process was found to contribute to water and soil pollution, resulting in high mercury levels that exceed safe limits (Harianja et al.
, 2.
A study by Darminto et al.
in Bangka Belitung found that small-scale tin mining activities lead to deforestation, land degradation, and socioeconomic inequality among local These studies demonstrate that the root causes of recurring artisanal mining problems in various regions are closely tied to the context of limited environmental knowledge and suboptimal legalization.
The case of artisanal mining in Jayapura City provides a concrete illustration of this Mining activities that began during the 1998 financial crisis were officially recognized and regulated by the government in 2007, reflecting the government's efforts to bring the informal sector under legal oversight and administrative control.
While this activity has had positive socioeconomic impacts through job creation, it has also raised concerns about ecological impacts, including landscape degradation and contamination of the watershed that drains into Lake Sentani.
Based on this context, this study adopts a comprehensive socio-legal approach with three specific objectives.
First, to conduct a regulatory analysis examining the implementation gap between national mining regulations and local enforcement Samosir.
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practices in Jayapura City during 1998-2024.
Second, to provide an in-depth case study of artisanal mining governance transformation, focusing on the transition from informal practices to attempted formalization.
Third, to evaluate the role of local government in community mining governance, particularly analyzing institutional capacity, coordination mechanisms, and decision-making processes in balancing economic interests with environmental protection.
This research contributes to the existing literature in several significant ways.
Theoretically, it advances the understanding of socio-legal dynamics in natural resource governance by integrating administrative law perspectives with environmental management in a post-decentralization context.
Methodologically, it provides a longitudinal analysis spanning over two decades, offering insights into the evolution of mining governance in Indonesia.
Empirically, this study fills a critical knowledge gap regarding artisanal mining impacts on protected conservation areas, specifically the Cyclops Nature Reserve and Lake Sentani watershed.
Practically, the findings offer evidence-based recommendations for policymakers to develop more effective regulatory frameworks that balance community livelihoods with ecological Additionally, this research contributes to the broader discourse on sustainable development by examining the intersection of human rights .
ight to work, environmental rights, and indigenous peoples' right.
within mining governance frameworks.
Methodology This research adopts a socio-legal methodological approach with an empiricaljuridical paradigm to analyze the phenomenon of artisanal mining in Jayapura City.
This approach was chosen to facilitate a comprehensive understanding of the implementation of artisanal mining regulations, the social-ecological dynamics that arise, and the effectiveness of state administrative law enforcement in the local context (Creutzfeldt et al.
, 2.
The socio-legal methodology allows for an in-depth exploration of the interaction between the formal legal framework and social realities on the ground.
The research focused on artisanal mining areas in Jayapura City, specifically the zone bordering the Cyclops Nature Reserve and the watershed that flows into Lake Sentani.
Data collection locations included the camping ground (Bupe.
area, the buffer zone of the Cyclops Nature Reserve, the Waena and Angkasa areas, and the vicinity of the Cenderawasih University (UNCEN) campus.
The selection of this location follows the principle of purposive site selection (Patton, 2.
, considering both the ecological significance of the area and the intensity of mining activities occurring within it.
The determination of this research locus enables an in-depth analysis of environmental impacts and policy implementation within a specific spatial context.
Data collection adopted a secondary approach.
Data was compiled through analysis of regulatory documents, review of academic literature, and evaluation of Article History Submitted 30 November 2024 - Revision Required 10 May 2025 - Accepted 6 October 2025 Jurnal Hukum Novelty Volume 16.
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environmental impact reports adopting the document research protocol developed by Bowen .
This data was then reinforced with data from systematic observations at mining sites.
Observations were conducted systematically over five months, from September 2024 to January 2025.
Visits were conducted twice a week at each location, with each observation session lasting three hours and covering both morning and afternoon periods.
This duration was designed to obtain comprehensive data on mining activities, social interactions, and environmental impacts at each Data analysis was conducted through an analytical-interpretative approach that integrates juridical analysis of regulatory implementation with qualitative evaluation of environmental impacts (Miles et al.
, 2.
The analysis process follows an interactive model that includes data categorization, reduction of irrelevant information, presentation of findings in a coherent format, and drawing evidencebased conclusions.
The validity and reliability of the study was ensured through the implementation of a rigorous research protocol, adopting the criteria of trustworthiness Denzin & Lincoln .
This protocol included multi-source triangulation, verification of findings through peer review checking by legal and environmental experts, and systematic documentation of the entire research process.
Results and Discussion Historicity and Development of Artisanal Mining in Jayapura City The existence of gold mining in Jayapura City has a historical dimension that began during the 1997 monetary crisis, when gold panning activities were carried out informally as a community response to economic pressure (Yaru et al.
, 2.
This activity formalized in 2007, marking the transition to more organized mining activities in response to local and national economic conditions (Libassi, 2.
The formalization of artisanal mining in Jayapura City after 2007 is part of a broader effort to integrate these activities into IndonesiaAos statutory framework.
The primary legal bases are Law No.
4 of 2009 on Mineral and Coal Mining (UU Minerb.
and its amendment.
Law No.
3 of 2020, which require official permits for all mining, including small-scale operations (Natsir et al.
, 2.
These laws reflect a paradigm shift prioritizing legal certainty, national interests, and environmental sustainability, aligning mining activities, including those at the community level, with national development goals.
In practice, efforts to formalize artisanal and small-scale mining (ASGM) often encounter friction between national regulations and indigenous .
Indonesian jurisprudence acknowledges the communal land rights of customary law However, it upholds the government's authority to regulate mineral exploitation, as affirmed by Supreme Court rulings, such as MA RI No.
123/Pid/2015.
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and reinforced in local court decisions addressing mining permits issued without indigenous consultation (Rochman & Santiago, 2.
For instance, the PTUN Samarinda No.
45 of 2017 case in East Kalimantan determined that mining licenses lacking proper community consultation can be revoked, emphasizing the balance between state control and indigenous rights (Rochman & Santiago, 2.
Formally, peopleAos mining must be confined to designated areas, as described in the Minerba Laws.
Local governments are responsible for delineating and managing these areas, and only properly constituted cooperatives or small group entities are eligible to hold permits.
If mining activities venture outside these frameworks or use heavy equipment, they are no longer considered artisanal and may face legal The AMDAL (Environmental Impact Assessmen.
process, mandated by Article 37 of Law No.
32 of 2009 on Environmental Protection and Management, is a key legal requirement before deploying heavy machinery (Jatna, 2.
Improper issuance or absence of an AMDAL can be grounds for permit annulment, as seen in multiple judicial precedents.
On the other hand, artisanal and small-scale gold mining (ASGM) has had significant socioeconomic impacts, such as job creation reaching millions of people in Indonesia, including Jayapura, and promoting the economic independence of local communities (Meutia et al.
, 2022.
Yaru et al.
, 2.
However, negative impacts in the form of environmental degradation and health risks due to exposure to toxic substances such as mercury are also a serious concern, given the chronic and acute health threats experienced by the local population (Fikri et al.
, 2.
While this formalization provides economic opportunities, the challenge of balancing economic benefits with environmental sustainability and public health remains a crucial issue that needs to be addressed.
An analysis of the development of artisanal mining activities in the region identifies two distinct phases that reflect an evolution in extraction methods, technology and social organization.
The first phase, traditional artisanal mining practices, is rooted in a strong cultural heritage, such as in Colombia, where mining is known as "indigenous mining" and utilizes ancient techniques passed down from generation to generation (West, 1.
These operations are generally family or community-based, with simple tools to extract minerals, reflecting high social engagement but often facing social and environmental challenges (Gudynas, 2.
The second phase represents a transition to modern methods characterized by the introduction of more advanced technologies, increasing extraction efficiency, as well as the emergence of cooperatives and community organizations that support resource management in a more structured manner (David et al.
, 2017.
Villamayor-Tomas, & Garcya-Lypez, 2.
Although the dominance of large companies often threatens traditional practices, artisanal mining continues to make a significant contribution to national production of gold and platinum (West, 1.
However, sustainability challenges and the impact of large- Article History Submitted 30 November 2024 - Revision Required 10 May 2025 - Accepted 6 October 2025 Jurnal Hukum Novelty Volume 16.
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scale mining on local communities continue to be issues that must be addressed (Kaufmann & Cote, 2.
The Initiation Phase .
of gold mining in Jayapura City was characterized by experimental operations, relying on trial-and-error methods and basic Despite technological limitations, this period recorded significant productivity with an average recovery of 8-10 grams of gold per day, valued at IDR 400,000 per gram, indicating attractive profitability for local communities (Hidayatika & Rasimeng, 2.
This approach laid the foundation for the development of more advanced mining techniques and technologies in the future, making an important contribution to the growth of the artisanal mining industry.
However, while productive, this phase also faces challenges related to environmental impact and sustainability that require more attention in the next stage of The Technological Transformation Phase .
7-presen.
reflects significant modernization in mining operations, characterized by the transition from manual to mechanized equipment such as excavators, which drastically improved efficiency and productivity (Lebre et al.
, 2.
Advanced technologies, including robotized systems, are starting to be integrated for more precise and safe operations (Khakulov et al.
The digital revolution also plays an important role through the application of digital twins and the Internet of Things (IoT), which supports the development of smart equipment and improves monitoring and control of mining activities (Lazarenko et al.
, 2021.
Ralston et al.
, 2.
In addition, advanced communication and safety technologies have strengthened safety protocols, reducing operational risks in both surface and underground mines (Onifade & Said, 2.
While this modernization brings many benefits, the increased reliance on technology poses new challenges, such as the risk of system failure and cybersecurity threats, which require mitigation in increasingly complex mining operations.
Thus, modernization has increased productivity but also increased social and environmental risks such as land degradation, pollution, and health issues.
Enforcement of the Mineral and Coal Mining Law and environmental regulations, for example, through the revocation of problematic mining permits, may be a key tool for managing these impacts.
However, the challenges of continuing informal operations, the complexities of customary rights laws, and effective monitoring of technological innovation present both opportunities and regulatory questions related to data protection and accountability.
The phenomenon of artisanal mining in Indonesia is in line with Aspinall's .
findings, which show that this activity developed as a community survival mechanism during the economic crisis, particularly in 1997.
Formalization in 2007 reflected an attempt to regulate a practice that has been an alternative source of livelihood for millions, although many operations remain informal and unlicensed (Meutia et al.
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As noted by Hilson .
, artisanal mining, including artisanal and smallscale gold mining (ASGM), often emerges as an adaptive response to macroeconomic These activities contribute significantly to local economies by providing employment, but at the expense of environmental sustainability and present serious health risks, such as mercury exposure that contaminates local food and water chains (Latief et al.
, 2.
On the other hand, communities use a variety of strategies to deal with external pressures, ranging from formal negotiations to direct confrontations with mining companies (Angreta & Firdaus, 2.
Meanwhile, the informal nature and lack of regulation of ASGM exacerbates risks for miners, highlighting the need for more sustainable and regulated policies to ensure long-term community well-being (Schwartz et al.
, 2.
The methodological evolution in mining practices reflects a significant transformation from trial and error approaches with simple tools to the use of modern technologies such as excavators, which increase productivity by 4.
71% (Yu et al.
, 2.
Mining productivity in the early phase reached an average of 8-10 grams of gold per day, consistent with Lahiri-Dutt's .
observation of the importance of small-scale mining as a source of livelihood in Southeast Asia.
However, as noted by Nirola et al.
the modernization of artisanal mining equipment is often associated with increased environmental impacts, including land degradation and mercury pollution.
Sustainable practices such as land reclamation and responsible mining methods are crucial to mitigate these impacts (Samanlangi et al.
, 2.
addition, community engagement in mining practices is needed to address health challenges and social conflicts that may arise (Yu et al.
, 2.
This transformation emphasizes the need for a balance between economic productivity and environmental sustainability in the management of mining operations.
Ecological Degradation and Legal Accountability Artisanal gold mining in Jayapura City has precipitated substantial ecological Field investigations have confirmed that these activities have notably impaired soil structure and fertility, resulting in adverse outcomes for both agricultural productivity and broader ecosystem health (Nefilinda et al.
, 2.
The physical disruption of topsoil not only reduces land arability but also intensifies susceptibility to erosion and sedimentation, as documented in similar regional contexts (Ayiwouo et al.
, 2.
This erosion-sedimentation cycle furthers land instability, complicating both agricultural use and natural regeneration.
Within the Indonesian legal context.
Law No.
32 of 2009 on Environmental Protection and Management explicitly embeds the principles of "polluter pays" and strict liability, mechanisms designed to ensure that environmental harm is met with direct accountability (Al Fikri et al.
, 2.
In theory, these provisions should undergird robust legal responses to ecological abuses arising from artisanal mining.
However, analysis of enforcement trends indicates these doctrines often falter in practice, undermined by insufficient regulatory oversight and institutional weaknesses.
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persistent gap between environmental law doctrine and practical enforcement underscores the necessity for capacity-building and inter-agency coordination.
A salient judicial precedentAiSintang District Court Decision No.
76/Pid.
Sus/2019 in West KalimantanAiillustrates both the potential and challenges of IndonesiaAos legal In this case, environmental compensation was secured through a community-driven lawsuit, affirming the judiciaryAos capacity to demand restoration from offending actors (Syarifah et al.
, 2.
However, the process was protracted, highlighting procedural delays and underscoring the critical role of sustained interinstitutional collaboration in achieving effective enforcement.
Drawing upon this precedent, the management of artisanal mining in Jayapura should prioritize legal literacy, judicial efficiency, and cross-sectoral engagement to ensure timely environmental remedies.
The physical transformation of the landscape due to mining activities is profound.
Unregulated excavation has produced irregular ponding, disrupted terrain stability and altering local hydrological cycles, thereby increasing the regionAos vulnerability to flooding (Dube et al.
, 2.
Concurrently, deforestation associated with mining activities substantially reduces habitat complexity and vegetative cover, threatening local biodiversity and ecological resilience (Bansah et al.
, 2.
Although the notion of "responsible mining" is increasingly advocated, empirical realities suggest a persistent prioritization of short-term economic returns over sustainable practices.
This issue legal scholars argue necessitates more rigorous statutory controls and improved compliance mechanisms (Tella & Danjibo, 2.
These cumulative disturbances are particularly acute in buffer zones adjacent to legally protected areas.
The Cyclops Nature Reserve exemplifies the severity of these impacts, with more than 1,140 hectares experiencing significant degradation (Mwitwa et al.
, 2.
The ecological repercussions include altered watershed dynamics and deterioration of water quality, notably due to acid mine drainage, which leads to declining aquatic biodiversity and compromised ecological functioning (Punia & Singh, 2021.
Run et al.
, 2.
Such long-term ecological costs decisively outweigh any ephemeral economic gains attributed to artisanal mining.
Compounding these issues, the proximity of mining operations to the Cyclops Nature ReserveAian area protected under Decrees No.
56/Kpts/Um/I/1978 and 782/MenHut-II/2012Aihas triggered habitat fragmentation, detrimental land-use conversion, and the propagation of heavy metal pollution across terrestrial and aquatic systems (Barnes et al.
, 2023.
Dalu et al.
, 2023.
Jerat Papua, 2014.
Zhang et al.
Case studies of illegal extraction activities, such as those documented in the Rechitsia hydrological reserve, reinforce the view that biodiversity in protected enclaves faces existential threats from unchecked mining (Stachowski et al.
, 2.
For legal academics, these realities underscore the urgent need for integrated conservation law approaches, including restoration activities, the establishment of Samosir.
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biological corridors, and stringent measures against illicit mining (Cowan et al.
Regulatory Framework.
Human Rights, and Community Interests The legal and regulatory responses to artisanal gold mining in Indonesia, particularly as they pertain to Jayapura City, highlight the nationAos ongoing efforts to balance resource development objectives with ecological integrity and the protection of fundamental community interests.
IndonesiaAos regulatory environment operates through a dualistic framework, combining preventive and educational efforts .
uch as informational campaigns, community outreach, and guidanc.
with formal legal tools .
egulation, monitoring, and punitive enforcement action.
This combination is visible in the gradual administrative shift from contract-based arrangements, where mining agreements were negotiated with specific entities, to license-based regimes, which emphasize broader regulatory oversight and adaptive management.
While license-based systems intend to enhance government control and reduce regulatory capture, these changes sometimes lead to diminished community participation in decision-making, as administrative power becomes more centralized and less consultative (Mahanty & McDermott, 2013.
Lindahl et al.
, 2.
A long-standing issue has been the pronounced Auregulatory gapAy from 1998 to 2020, an era marked by under-enforced mining laws and the widespread emergence of illegal mining operations.
This regulatory vacuum stemmed from inconsistent policy enforcement, jurisdictional disputes among agencies, and limited state capacity, creating an environment where artisanal and small-scale gold mining flourished with minimal oversight (Spiegel, 2.
Law No.
3 of 2020 was introduced to regularize and supervise artisanal mining activities.
However, by intensifying the bureaucracy required for small-scale miners to obtain legal status, it inadvertently imposed formidable compliance barriers (Suryaningsih, 2023.
Maemunah, 2.
This scenario has raised concerns about the adverse effects on minersAo livelihoods and the neglect of customary rights, particularly for indigenous and local communities with deep social ties to the affected lands (Darman & Riyanti, 2.
Enforcement of liability for environmental damage predominantly follows the strict liability principle.
In the Indonesian legal context, this means that those responsible for environmental harm are liable regardless of fault or intent.
However, practical enforcement remains problematic.
Administrative and civil proceedings against violators frequently stall due to the challenge of establishing causation between mining activities and specific environmental harms, as well as procedural barriers that disadvantage affected communities seeking redress (Faure & Wibisana, 2013.
Romsan et al.
, 2.
Despite the essential role of civil society lawsuits in shaping jurisprudence and defending environmental rights, claimants often face evidentiary hurdles and protracted litigation.
Several decisions issued by JakartaAos administrative and civil courts have highlighted the imperative to strengthen legal mechanisms for Article History Submitted 30 November 2024 - Revision Required 10 May 2025 - Accepted 6 October 2025 Jurnal Hukum Novelty Volume 16.
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compensation, aligning with broader environmental justice principles that demand fair redress for impacted communities.
From a human rights perspective, mining activities in Jayapura City intersect with three principal legal protections.
First, the right to a healthy environment .
ndorsed by UN General Assembly Resolution 48/.
, which recognizes environmental quality as a precondition for other rights (Ip, 2023.
Cambou, 2.
The second, the right to work, especially for traditional miners, is safeguarded by the International Covenant on Economic.
Social and Cultural Rights (ICESCR) (Odello & Seatzu, 2020.
Errico & Claeys, 2.
Lastly, the rights of indigenous peoples over customary lands are recognized by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
The complex interface of these rights means that regulatory regimes must not only ensure ecological protection but also uphold minersAo economic survival and safeguard the sovereignty and cultural rights of indigenous Papuan communities.
Leading legal scholars and international instruments increasingly call for integrative, participatory governance models that bridge sectoral dividesAiembedding environmental, economic, and social safeguards into a cohesive, rights-respecting regulatory Achieving this balance in Jayapura City demands further empowerment of local authorities, robust mechanisms for meaningful community participation, and adaptive enforcement approaches that collectively advance both ecological sustainability and social justice.
The legal and regulatory framework for artisanal mining remains in flux, reflecting a persistent tension between centralization and local adaptation.
As observed in North Maluku Province, the issuance of a Regional Regulation recognizing customary forests and indigenous rights demonstrates potential for locally tailored governance underpinned by public consultation (Regional Regulation No.
5 of 2019.
Constitutional Court Decision No.
35/PUU-X/2.
(Agustine et al.
, 2023.
Sedubun.
However, national reforms, such as Law No.
3 of 2020, which recentralized licensing, often complicate the legalization process for small-scale miners.
This centralization can create disconnects between local needs and top-down regulatory mechanisms, ultimately reducing the effectiveness of oversight and hampering sustainable development.
Consequently, striking a balance between bureaucratic efficiency, environmental protection, and the recognition of customary rights is essential for fostering equitable and sustainable mining governance in Indonesia.
Environmental Management from an International Law Perspective This research adopts an international law perspective to analyze environmental management in Jayapura City's artisanal mining governance for several critical First.
Indonesia's constitutional obligation under Article 33 of the 1945 Constitution mandates state responsibility for natural resource management that aligns with international environmental principles.
Second.
Indonesia is a signatory Samosir.
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to multiple international environmental treaties, including the 1992 Rio Declaration on Environment and Development, the Convention on Biological Diversity (CBD), and various UN frameworks that establish binding obligations for environmental Third, the transboundary nature of environmental impacts from mining activities affecting protected areas like the Cyclops Nature Reserve requires analysis through international conservation standards and principles.
The integration of the principles of sustainable development is evident in several pertinent national regulations.
First.
Law No.
32 of 2009 concerning Environmental Protection and Management explicitly adopts the principles of sustainable development, applies the precautionary principle.
AMDAL obligations that reflect Principle 17 of the Rio Declaration, and recognizes the right to a good environment as a human right (Taufiqurokhman & Hafiid, 2.
Second.
Law No.
3 of 2020 concerning Amendments to Law No.
4 of 2009 concerning Mineral and Coal Mining formally regulates the concept of sustainable mining, reclamation, and post-mining obligations, and it also regulates WPR (People's Mining Are.
zoning by considering environmental aspects and environmental protection requirements in mining Third, the PP No.
22 of 2021 concerning the Implementation of Environmental Protection and Management sets environmental quality standards and establishes regulations for the management of water and soil pollution.
The fourth decree.
PP No.
23 of 2010, pertains to the implementation of mineral and coal mining business activities.
It establishes procedures for environmentally friendly mining management, stipulates the obligation to manage mining waste, and regulates post-mining land rehabilitation.
Furthermore, more detailed provisions regarding sustainable mining management must be regulated in Regional Regulations.
In this regard, each region is obligated to have the authority to create Regional Regulations that regulate community mining and must refer to the principles of sustainable development, including zoning regulations, operational standards, and supervision.
The analysis of Jayapura's case reveals that the observed implementation gap is not attributable to the absence of regulations, but rather, it is a consequence of deficiencies in law enforcement, inadequate coordination among institutions, constrained supervisory capacity, and the presence of conflicts of interest between economic interests and environmental concerns.
In essence, the mining activities in Jayapura exemplify the fundamental tension between economic development .
ob creatio.
and environmental protection .
andscape degradation and water pollutio.
, which are central to the concept of sustainable development.
Furthermore, the Convention on Biological Diversity (CBD) of 1992 mandates the protection and sustainable management of conservation areas in Indonesia (Nurhidayah & Alam, 2020.
Widayanti et al.
, 2.
A notable illustration of this commitment is the Cyclops Nature Reserve, which spans the expanse between Jayapura City and Jayapura Regency, a testament to the nation's dedication to environmental stewardship (Suyatno et al.
, 2.
The reserve encompasses an area Article History Submitted 30 November 2024 - Revision Required 10 May 2025 - Accepted 6 October 2025 Jurnal Hukum Novelty Volume 16.
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of approximately 22,500 hectares, with an altitude reaching approximately 2,000 meters above sea level.
It is a biodiversity hotspot, boasting a distinctive montane tropical rainforest ecosystem that is unparalleled in the region (Wardhana et al.
, 2.
Numerous studies have identified the presence of various species of endemic butterflies and birds of paradise, as well as rare orchids, suggesting that this area serves as a habitat for numerous endemic Papuan species (Petocz, 2023.
Sanito, 2018.
Suharno et al.
The reserve's significance extends beyond its environmental benefits, as it serves as the primary water source for Jayapura City and its environs.
Beyond its role in supplying water to Lake Sentani, the reserve also functions as a natural flood control measure, mitigating the risk of landslides in the surrounding area (Sanito.
Consequently, the reserve fulfills an ecological function, contributing to the stability of the Jayapura microclimate.
However, the reserve is facing various threats, including illegal mining operations, encroachment on forests for residential and agricultural development, and environmental degradation, which have the potential to violate the obligations established in the 1992 CBD.
Government Action in the Management of People's Mining: A State Administrative Law Perspective The transformation of the welfare state paradigm has brought significant changes in the role of government, particularly in the mining sector, where the government is now required to proactively regulate and manage community activities for collective In the legal and governance framework, government policy is focused on democratic governance with performance standards that enforce laws against environmental degradation and ensure mining's positive contribution to local communities (Dewa et al.
, 2.
On the other hand, the government also plays a role in encouraging the implementation of corporate social responsibility (CSR) in the mining sector, which is proven to improve socio-economic outcomes through regulatory incentives for companies to empower local communities and preserve the environment (Jackson et al.
, 2.
In addition, effective state regulation is key in driving community development through social partnerships and innovation, focusing on the provision of public goods as well as the improvement of social infrastructure (Varuk, 2.
However, this increased government involvement in management sometimes leads to conflicts between stakeholders due to different interpretations of the concept of "well-being," which can trigger disputes over resource management and the distribution of community benefits (Alfirdaus et al.
The implementation of decentralization through the distribution of authority between the central and local governments represents a strategic step in the optimization of public services, with juridical legitimacy provided by Law No.
23 of 2014 on Regional Government as the main foundation for effective natural resource The impact is seen in the improvement of the quality of public services.
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especially in rural areas, through better accessibility and higher community participation (Malawi, 2.
Local governments can customize services to meet the specific needs of communities, improving efficiency and accountability of governance (Ibrahim, 2.
However, the implementation of decentralization also faces challenges, such as limited resources, inequalities in service distribution, and corruption risks that threaten sustainability (Febriandiela et al.
, 2.
The success of decentralization relies heavily on local governance capacity as well as a strong commitment from local and central authorities to ensure fair and equitable outcomes (Rahim et al.
, 2.
In the context of artisanal mining.
Article 67 of Law No.
4 of 2009 on Mineral and Coal Mining sets specific criteria for People's Mining Areas (Wilayah Pertambangan Rakyat/WPR) to support community-focused sustainable mining practices.
Following the 2020 amendments under Law No.
3 of 2020.
Article 67 remains substantially unchanged, maintaining the same technical and administrative criteria for WPR designation, indicating regulatory continuity in this aspect despite broader reforms in the mining sector.
Technical criteria include the presence of secondary mineral reserves in riverine areas to minimize environmental impacts, the depth of primary reserves limited to a maximum of 25 meters to ensure sustainable extraction practices, as well as a WPR area that does not exceed 25 hectares to prevent overexploitation.
In addition, the historicity of mining activities for at least 15 years is a key requirement, ensuring local communities have established experience and knowledge in mining practices (Rahayu & Faisal, 2020.
Suryaningsih, 2.
While this regulation aims to balance the needs of local communities with environmental sustainability, challenges arise in the clarity of authority in the designation of WPR zones as well as bureaucratic complexity due to central government oversight (Ramdhani et al.
, 2.
However, regulation implementation in Jayapura City faces substantive challenges, particularly in law enforcement and inter-agency coordination.
The delayed response of the local government, which only took action against illegal mining activities in June 2020, demonstrates the gap between regulation and implementation, with only 17 out of 70 perpetrators prosecuted (Ngutra et al.
, 2017.
Risal et al.
, 2.
This problem is exacerbated by poor coordination between government agencies, as reflected by similar failures in the enforcement of other policies such as smoke-free regulations, which have a compliance rate of only 17% due to a lack of regular inspections and resources (Wahyuti et al.
, 2.
In addition, community perceptions that view illegal mining activities as a necessity for survival further complicate law enforcement, suggesting the need for a holistic approach that involves community education and empowerment (Jawa et al.
, 2024.
Takamuli et al.
, 2.
These challenges reflect systemic issues in Indonesia's legal framework, which often lacks the support and resources to ensure effective implementation.
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The ecological implications of unlicensed mining activities have caused significant damage to the environment, including watershed degradation, pollution of water bodies and threats to biodiversity.
Artisanal and small-scale mining (ASM) activities in Ghana, for example, have caused the destruction of more than 78,000 hectares of land as well as massive water pollution (Bansah et al.
, 2.
While in Indonesia, illegal tin mining creates complex ecological and social damage due to a weak regulatory framework (Rahayu & Faisal, 2.
The contamination resulting from these activities also impacts the health of local communities, increasing the risk of disease due to soil, water and air pollution (Taher, 2.
Therefore, the application of the polluter pays principle and liability rule is essential to ensure that those who damage the environment are responsible for ecosystem restoration.
Conclusion A comprehensive analysis of the phenomenon of artisanal mining in Jayapura City from 1998 to the present reveals several significant findings related to aspects of regulation, implementation and environmental impacts.
First, there is a substantial regulatory gap in the management of artisanal mining activities, indicated by the lack of response and intervention by the local government of Jayapura City towards unlicensed mining activities that have been ongoing for more than two decades.
Second, the ecological impacts of mining activities have reached alarming levels, manifesting in landscape degradation, disruption of hydrological systems and contamination of the watersheds that drain into Lake Sentani.
The magnitude of this environmental damage indicates the urgency to implement a more systematic and scientifically-based management approach.
Based on these findings, the proposed policy recommendations aim to improve and sustain the management of artisanal mining in Jayapura.
The Jayapura City Government, in collaboration with the Regional People's Representative Council (DPRD), should conduct a comprehensive study on the feasibility of the area as an Artisanal Mining Area (WPR), encompassing geological aspects, environmental carrying capacity, potential socio-economic impacts, and regional ecosystem Furthermore, the regional government must develop and implement specific regulations governing artisanal mining in an integrated manner, with a transparent and accountable licensing system in place.
Strengthening the analysis of oversight mechanisms, law enforcement, and strict Environmental Impact Analysis (AMDAL) policies is also crucial, along with the implementation of rehabilitation programs in mining-impacted areas.
Furthermore, the DPRD plays a role in initiating and supporting the development of governance and regulations for artisanal mining based on the principles of sustainable development.
The DPRD also encourages community involvement through effective public consultation mechanisms, ensuring that the resulting policies are relevant to local conditions and receive broad support.
Meanwhile, the community and other stakeholders need to be empowered to actively participate in the oversight of mining activities and play a role in advocating for environmental protection and community welfare.
Improving legal literacy and Samosir.
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public awareness of mining regulations is also crucial to ensure the public understands their rights, obligations, and the impacts of mining activities.
To address this issue, a balance between potential Regional Original Revenue (PAD) and environmental sustainability must be the primary focus.
The principle of sustainable development, which integrates economic, social, and environmental aspects, must be the foundation for formulating and implementing policies related to the management of artisanal mining in Jayapura City.
These strategic steps are expected not only to improve the currently disorganized governance of artisanal mining but also to protect the ecosystem and significantly enhance the well-being of affected communities.
Acknowledgement We would like to express our deepest gratitude to all parties at Cenderawasih University.
Indonesia.
Special thanks go to the Faculty of Law for full support, which played a crucial role in the implementation of this research.
Declarations Author contribution : Author 1: Initiated the research ideas, designed the instruments, collected and analyzed the data, and wrote the initial draft of the manuscript.
Author 2: Contributed to the literature review, assisted in data collection and analysis, and revised the manuscript.
Author 3: Participated in data collection, analysis, and contributed to the manuscript Author 4: Supported data analysis and contributed to revising the manuscript.
Author 5: Provided feedback and revised the manuscript for clarity and coherence.
Author 6: Contribute to article review and finalization Funding statement : This research was not funded by any specific grant or Conflict of interest : The authors declare no conflict of interest.
Additional information : No additional information is available for this paper.
References