The Law Enforcement Of Environmental Permit To Realize Good Governance Principles In Mining Management

Transcription

1 Th Law Enforcmnt Of Environmntal Prmit To Raliz Good Govrnanc Principls In Mining Managmnt Insarullah, Irwansyah, M. Yunus Wahid, Abrar Salng Abstract: This rsarch aims to know th implmntation of transparncy, participation, accountability principls, and also th influnc of controlling, human rsourc, lgal cultur, and mdium/infrastructur factor in th nforcmnt of nvironmntal prmit in th ara of mining in Morowali Rgncy. Th rsarch mthod usd is socio-lgal rsarch. Rsarch population com from community of around mining rgion, mmbrs of Rgional Lgislativ Council (DPRD), thr is a sum of 95 popl, i. 49 popl from socity, 10 popl of mmbrs of DPRD, 16 mploys from som mining companis and 20 popl from officrs of local Govrnmnt of Morowali. Rsults of rsarch indicat that th principls of transparncy, participat and accountability in th nforcmnt of nvironmntal prmit in th ara of mining in Morowali Rgncy, is still considrd as a low catgory. So that, it has not yt rflctd th xisting of good govrnanc principls in th nforcmnt of nvironmntal prmit in th ara of mining. Indx Trms: Environmntal Law, Good Govrnanc, Mining 1 INTRODUCTION Agood and halth nvironmnt is a human right and it also bcoms a basic right of vry citizn of Indonsia, as mandatd by th Constitution of th Rpublic of Indonsia of It can b sn in articl 28H paragraph (1) which stats that Evryon shall b ntitld to b prosprous, rsid, and obtain propr and sound nvironmnt and mdical srvics. Manwhil, articl 33 paragraph (4) also affirmd that Th national conomy shall b hld basd on conomic dmocracy with th principls of togthrnss, fficincy with justic, sustainability, nvironmntal prcption, indpndnc, and by kping th balanc of th national conomic progrss and unity. Th issu of nvironmntal rights as human rights guarantd by th constitution and th adoption of sustainabl dvlopmnt principl, clarly illustratd that th constitution of Indonsia to support th protction and prsrvation of th nvironmnt. Thrfor, it can b calld a grn constitution. To support th wlfar of th Indonsian popl, th natural rsourcs on arth Indonsia, controlld by th stat and utilizd for th bnfit of th popl, not forgtting th importanc of consrving and nvironmntal support. In principl, according to Irwansyah that should nvironmntal managmnt in natural rsourcs should not b solly on conomic intrsts alon, but must pay attntion to th intrsts of cology and sustainability. It is prcisly rvrsd at th bginning of th Nw Ordr rgim, whr natural rsourc managmnt is carrid out basd mor on th intrsts of th invstmnt nds in ordr to rcovr conomic of Indonsian stat. Insarullah, is a lcturr at Faculty of Law, Tadulako Univrsity, Cntral Sulawsi, Indonsia. PH insarullah.tad@gmail.com Irwansyah, M. Yunus Wahid, Abrar Salng, lcturr at Faculty of Law, Hasanuddin Univrsity, South Sulawsi, Indonsia. PH Natural rsourcs (forsts, mins, watr and minral rsourcs) is sn and undrstood in th contxt of conomic sns and not undrstood as cological and sustainabl sns. Howvr, th vnts wr not much diffrnt from th currnt rform ra, thr still occurrd managmnt of natural rsourcs to b implmntd ovr conomic intrsts and invstmnt. Although, it can b assumd that thr has bn an imbalanc in th utilization of natural rsourcs btwn conomic and cology and sustainability intrsts in natural rsourc managmnt. Basically, nvironmntal intrst is a cycl (intgratd chain) btwn th various componnts of both biological and non-biological bings covrd in an cosystm. According to M. Yunus A. Wahid, that nvironmntal problms ar cyclical in th linkags and intractions btwn th various biotic and abiotic componnts, which in a broad sns includs humans with a varity of intrsts, can b approachd through or by using cology as a knowldg bas. Th us of cology as a basic undrstanding of how humans should act and bhav towards natural rsourcs and th nvironmnt that is a habitat of human itslf. An ffort to prsrv th nvironmnt in natural rsourcs managmnt of mins in th ra of rgional autonomy must b basd on th political will of th rgional administration itslf, which promots transparncy at th lvl of implmntation, as th comptnt authoritis of its rgion, in which th natural rsourcs of min locatd. Clarly, th govrnmnt closr to th ruld popl (dcntralization) is bttr than th govrnmnt that far (cntralization), du to dcntralization, th srvic can b mor transparnt, fficint, rsponsibl, and accountabl to th problms, dmands, wishs and aspirations of th popl thr in th ara. On of th things that is vry urgnt at th rgional administration is granting nvironmntal prmits for mining ntrprnurs in th ara, as thy rlat to th unsustainabl natural rsourcs managmnt. A local govrnmnt xrciss its authority in granting th nvironmntal prmit to th mployr, must not stop until that stag, but should b followd up with th law nforcmnt of nvironmntal prmit in th ara. So th nvironmntal prmit absolutly givs bnfit, not just complianc administration. Rlatd to th local authoritis in law nforcmnt of mining nvironmntal prmit in th rgion, particularly in Cntral Sulawsi provinc, basd on th obligation of control and prsrvation of th 237

2 nvironmnt by th local govrnmnt. On of divrgnc which has bn carrid out by local govrnmnts, particularly in th implmntation of authority that has bn givn to th rgion, sinc th nactmnt of lgislation of local govrnmnt is local govrnmnt authority in th managmnt and consrvation of th nvironmnt, spcifically rlatd to law nforcmnt of nvironmntal prmit on businss and/or mining activitis. In its implmntation in th filds of mining, is rgardd by many ladn with acts of corruption, collusion and npotism, thrby impacting ngativly on th nvironmnt. Corruption, collusion, and npotism occur bcaus th wak mbodimnt of good govrnanc principls in th ara. For xampl, th gold mining of Poboya in th gulf of Palu, Cntral Sulawsi, Indonsia. Basd on th rsults of th study in 2011, showd that fish and shllfish around th mouth of Poboya rivr in th gulf of Bay, all of which contain mrcury compounds xcding th thrshold. That mans liquid wast from th procssing of gold calld tromol flows into th rivr which vntually cam to th sa, so that th watrs of th gulf of Palu wr contaminatd by chmicals such as havy mtals mrcury. It is also statd in a study conductd by rsarchrs from Balifokus, nongovrnmntal organizations (NGOs) working in th fild of nvironmnt. Rsults of Balifokus rsarch dclars that th city of Palu, Cntral Sulawsi, bgan contaminatd by mrcury wasts that thratn th halth of th population in th long trm. Thy gt a numbr of mrcury pollution in th air of Cntral Sulawsi, ranging from 20 to nanograms/m 3 mans has xcdd th thrshold. Th largst us of mrcury in th city of Palu, locatd at th min sit of Poboya and its surrounding. Th procss of sparating gold from smooth rocks in mining Poboya traditionally nsurd using mrcury. Thn, workrs rmov th rmaining mrcury to any plac so it vaporats. Basd on th abov dscription, it can b assumd that th mining prmit which many local govrnmnts publishd today is not followd by nvironmntal prmit law nforcmnt obligations as a condition of propr nvironmntal managmnt in businss and/or mining activitis in th ara, as mandatd by th nactmnt protction lgislation and nvironmntal managmnt. Rlatd to this trnd, this study lads to th authority of local govrnmnts basd on th principl of dcn-tralization and autonomy, thus allowing th ralization of good govrnanc principls in law nforcmnt of nvironmntal prmits optimally in th rgional mining sctor, particularly in Cntral Sulawsi, Indonsia. 2. METHOD OF RESEARCH 2.1 Typ of Rsarch Th typ of rsarch is an mpirical rsarch, with sociojuridical approach, a rsarch that lookd a lgal as a social phnomnon that can b obsrvd in th xprinc of popls lif basd on th lgislation in forc. 2.2 Location of Rsarch This rsarch conductd in local govrnmnt of Palu City and Morowali Rgncy, Cntral Sulawsi, Indonsia. Th considrations for slcting this ara du to th opning of mining tnd to dviat from th lgislation in forc. 3. ANALYSIS AND DISCUSSION 3.1 Th Philosophy of Environmntal Prmit Indonsia as a wlfar stat dmandd th govrnmnt to play an activ rol in achiving th objctivs of th stat. Thrfor, th main task of th govrnmnt to raliz th objctivs of th stat, on through srvic to th community and th govrnmnt ought to b involvd in managing th social lif. In today s ra of dvlopmnt, along with th incrasing nds of dvlopmnt in various filds of human lif, thn th intrfrnc of govrnmnt bcam mor activ and intnsiv. To carry out th tasks of govrnmnt in ordr to carry out dvlopmnt in various filds, th govrnmnt or th stat administration to tak lgal action that uss mans or its instrumnts. Various instrumnts ar usd to manag and run th affairs of govrnmnt and socity, such as lgislation, dcrs, wisdom rgulation, prmit, civil lgal instrumnts and so on. Rlatd to th ruls of public law, many local govrnmnts us prmit as a judicial mans to driv th bhavior of th citizns. Prmit is on of th most widly usd instrumnts in administrativ law. N.M. Splt and Tn Brg xplaind that prmitting is a trm for th prmit in a broad sns, whil in th narrow sns is calld prmits only. Prmit (in narrow sns) furthr distinguishd by othr prmitting forms of dispnsation, concssion, rcommndations, list mark, approval, and rgistration. Manwhil, prmit in th broad sns (prmitting) is an approval from th authoritis undr th lgislation or govrnmnt rgulations in crtain circumstancs to dviat from th provisions of law prohibition. Maning of laws that can b found in th prmit according to th abov opinion is thir approval to do somthing that should b prohibitd, so that will b found in many forms of prmitting, such as prmits, dispnsations, licnss, concssions, rcommndations and tc. As dscribd prviously, th author tnds to argu that th point is to balanc btwn th rights and obligations of lgal subjcts, as ach prson on on sid crtainly hav th right to plad th prmit in sam tim, but on th othr hand thr ar obligations that must b mt by th applicant, namly th rquirmnts containd in th prmit bing applid. Thn th objct of prmit is an act which actually forbiddn to do, howvr, such actions can still b carrid out on condition th approval of th govrnmnt or rulr who is non othr than th comptnt authority for issuing prmits. This mans that th act is th objct of prmit nd to b rgulatd in ordr to maintain public ordr, whr thr is a balanc btwn privat and public intrsts. Basd on ths dscriptions, it is clar that prmit is govrnmnts instrumnt that is juridicalprvntiv, and is usd as an administration instrumnt to control th public bhavior so that thir actions did not dviat. Thrfor, th natur of a prmit is a prvntiv to organiz and control, bcaus in th instrumnt of prmits, cannot b rmovd with commands and obligations that must b obyd by th prmit holdr. In addition, as a prvntiv, it can also b rprssiv, which prmit can srv as an instrumnt for tackling nvironmntal problms causd by human activitis basd on th xisting prmitting. That is, an ffort that rcivd a prmit for nvironmntal managmnt, burdnd with th obligation to undrtak pollution prvntion or nvironmntal damag arising from businss activitis and/or its activitis. Th basic considration for local govrnmnts to issu prmits ar in ordr to dvlop, rgulat, control, and suprvis th activitis of spac utilization, th us of natural 238

3 rsourcs, infrastructur, facilitis, or crtain facilitis in ordr to protct th public intrst and prsrving th nvironmnt. Thrfor, th tchnical pr-mitting with considration of fasibility for nvironmntal studis is calld nvironmntal prmit. Th philosophy of nvironmntal prmitting as on of lgal instrumnts of th govrnmnt is to control popls livs in ordr not to dviat from th provisions of th applicabl law, particularly protction and nvironmntal managmnt, as wll as limiting community s activitis that do not harm othr popl and th nvironmnt. Envi-ronmntal prmitting issus in th framwork of public srvic and sustainabl us of natural rsourcs has bn stablishd as an issu that nds to b takn sriously, sinc th natural rsourcs is not only usd for th currnt gnration, but also for futur gnrations. 3.2 Th Transparncy Principl on Environmntal Prmit as a Form of Control Basically, plan and implmntation is a unity of action, although this rarly happns in practic. Control is ncssary to dirct an activity that has bn plannd, so that implmntation can achiv th dsird objctivs. It is also usd to s th xtnt to which th suitability of what is bing plannd with th rsults that hav bn achivd, whthr in accordanc with th plan or vn a gap du to divrgncs. Thrfor, to achiv a propr rsult with what is plannd, it is ncssary to optimally control masurs to prvnt divrgncs. So that control can b implmntd optimally, w nd a transparnt procss. This applis to any managmnt or managmnt of an activity, including th nforcmnt of nvironmntal prmits. Controlling is a form of suprvision that is accom-panid by follow-up so it would appar th rsults achivd. Control by th good govrnmnt that is trans-parnt to th popl, both cntral and local govrnmnts, so that th popl can prsonally know clarly without any hiddn about th procss of public policy formulation and implmntation, particularly in th managmnt of mining. On of consquncs causd by uncontrolld mining managmnt in a transparnt mannr is th mrgnc of ovrlap for rgion Mining Businss Prmit. Th ovrlapping of mining prmit has bcom a problm that has not ndd to this day. Th problm was strongr whn a law on local govrnanc nactd rfrs to th principl of dcntralization. Th dcntralization policy usd in good by th local govrnmnt from th district to th provinc, so th rac to cash in on th potntial of naturalownd, including th natural rsourcs of min. Various mthods ar usd to attract invstors. In th mining sctor, th local govrnmnt did not rluctant to issu Mining Businss Prmit to mining companis, rgardlss of furthr rquirmnts that must b mt in ordr to issu licnss in th mining fild. Dsrvdly, all forms of policy, both th cntral and local govrnmnts should always b don opnly and known by th public as an mbodimnt of th principl of transparncy. To know th mbodimnt of th principls of transparncy in th rgion, particularly through nfor-cmnt of nvironmntal prmits as a control on th issuanc of Mining Businss Prmit in Morowali and Palu, usd two indicators, namly public accss and availability of information. Basd on tabl 1, givs illustration how local govrn-mnt Morowali and Palu in mbody th principl of transparncy in th nforcmnt of nvironmntal prmits as an instrumnt of control in th issuing of Mining Businss Prmit or not. Tabl 1. Rspons of rspondnt on public accss to th nforcmnt of nvironmntal prmit Rspons of Rspondnt Comm unity Catgoris of Rspondnt Min Employ Local Officr Lgi s- lativ Tota l Accss ,00 No accss ,25 Do not know ,75 Total Sourc: Primary data, 2015 Basd on data from Tabl 1, it obtaind ratings of rspondnt s rspons wr 96 popl (60%) who answrd that thr is accss to know th controlling procss of nvironmntal impacts of mining and no accss rspons is 58 popl or 36.25%. Whil, do not know is 6 popl (3.75%). Thus, th prcntag of rspondnts who statd that thr is public accss to know th controls in th nforcmnt of nvironmntal prmits on mining in Morowali and Palu is alrady high at 60%, and if th sum of rspondnts saying thr is no accss to th rspondnts who stat do not to know, thn will b obtaind a smallr numbr is 40%, so it can b catgorizd as transparnt in trms of thir accss to th public in th procss of issuing of Mining Businss Prmit in Morowali and Palu. Basd on th rspons of rspondnts, it appars that th govrnmnt is opn to rciv popl who want to know th issuing procss of Mining Businss Prmit, but th lack of socialization of th local govrnmnts about mining managmnt plan that is basd on th dcisions of local govrnmnts in th form of Mining Businss Prmit still nd to b proactiv govrnmnt, but on th basis of rspondnts rason prcisly proactiv community. Thrfor, transparncy in th procss of Mining Businss Prmit issuing in Morowali and Palu, basd on indicators of public accss has bn fulfilld. If local govrnmnts ar not transparnt in th procss of Mining Businss Prmit issuing, th mrgd impact of local govrnmnt closnss, would hav causd losss for th stat/rgions, spcially in th form of nvironmntal damag. Losss arising both dirctly impacting thir communitis such as flooding, or indirct such as infrastructur dvlopmnt is slow, bcaus th budgt for th construction is abusd. In addition to indicators of public accss, th availability of information is also an indicator of th accomplishmnt of th principls of transparncy in th nforcmnt of nvironmntal prmits as an instrumnt of control. Th information mans is vry important, bcaus it is th mdium usd to dissminat any local govrnmnt policy, is also usd by popl to find out thir public policis by local govrnmnts, in particular th issuanc of Mining Businss Prmit. Th policis issud primarily will affct th nvironmnt and popl s livs around th mining aras in th rgions whr Mining Businss Prmit is implmntd. Thus, it can b classifid that local govrnmnts Morowali and Palu ar still closd in th managmnt of mining so th impact on th inffctivnss of th nforcmnt of nvironmntal prmits as wll. Th fact it will carry th imag and prstig of th local govrnmnt in th public y b bad, dishonst, and undmocratic. Evn mor than that will hav broad impact to th local nvironmnt itslf. Bcaus closnss of local % 239

4 govrnmnts mpowrmnt in managing th mining, thn it will likly lad to th occurrnc of dviats committd by not rsponsibl prson. Associatd with th imag and authority of local govrnmnt and th principl of transparncy, according to Bagir Manan mpowrmnt of local govrnmnts can b don by changing th bhavior and cultur of local govrnmnt apparatus cntralizd, fudalistic and authoritarian has dvlopd during th old ordr and th nw ordr towards th bhavior of officials ar opn, srvs, and dmocratic. Local govrnmnt officials who hav bn mor manifst thmslvs as rulrs who srvd, should b changd to guardian who srv or as an instrumnt of srvic to th public. Empowrmnt of local govrnmnt proposd by Bagir Manan, according to th author is vry appropriat, bcaus normativly th local govrnmnt accordanc with th authoritis ar rquird to b transparnt in th managmnt of mining, as stipulatd in articl 64 of Act No. 4 of 2009 on Minral and Coal Mining statd th govrnmnt and th local govrnmnt in accordanc with its authority is obligd to announc th plannd mining activitis. 3.3 Th Participation Principl in Environmntal Prmit as a Form of Suprvising Suprvision is th final part of a sris of managmnt functions procss, it mans to all managmnt functions to b prformd suprvision. Suprvision activitis ar closly rlatd to th planning of work in an organization or institution, including th local govrnmnt. Thrfor, th suprvision to b on of th critical succss factors in th running of local govrnmnt, particularly in rlation to th nforcmnt of nvironmntal prmits in mining. To support th implmntation of th nforcmnt of nvironmntal prmits as an instrumnt of suprvision ovr th issuing procss of Mining Businss Prmit, th local govrnmnt should involv th community as a form of activ participation. According to law sociologist Satjipto Rahardjo, as citd in Irwansyah that lgal mpowrmnt in ordr to b ffctiv, it is also influncd by th rol of th community or th public, as wll as th following xplanations: first, b awar th ability of law is limitd. Entrust vrything to th law is unralistic and wrong. Thrfor, nd th assistanc, support, additional public powr; and scond, actually th public to kp th autonomous powr to protct and organiz thmslvs. Th powr was tmporarily drownd undr th domination of modrn law which is actually a stat law. Thrfor, th ncssary mobilization of autonomous powr that xistd in socity. Participation providd can in th forms of idas, funds, manpowr and othr forms of dvlopmnt that bnfit th nation. Participation of citizns do not only at th implmntation stag, but th ovrall from th stags of planning and policy formulation, implmntation, va-luation and utilization of rsults, community involvmnt is ndd. Th lvl of public participation is on aspct that can support th implmntation of national dvlop-mnt in accordanc with th principls of good govrnanc, bcaus th community is on of th pillars that support th stablishmnt of good govrnanc. To dtrmin whthr local govrnmnt officials in Morowali and Palu has mbodid th principl of participation in th nforcmnt of nvironmntal prmits as an instrumnt of suprvision ovr th issuing procss of Mining Businss Prmit or not. It can b sn by using th indicator of community participation lvl ar rspondd by rspondnts in tabl 2. Tabl 2. Rspons of rspondnt on public participation lvl in th nforcmnt of nvironmntal prmit Rspons of Rspondnt Comm unity Catgoris of Rspondnt Min Employ Local Officr Lgi s- lativ Tota l 30,0 Participation No 63, participation 2 Do not know ,88 Total Sourc: Primary data, 2015 Basd on th data of th rspons of rspondnts in th tabl, it can b sn rspons ratings of rspondnts as many 101 popl (63.12%) said that in th issuing procss of Mining Businss Prmit not involv th community, th mbodimnt of th principl of participation in building a mining managmnt is not optimal, and rspondnts who answrd that th public has participatd is 48 popl or 30%. Th rspondnts who answrd that it did not know about th public participation in th issuing procss of Mining Businss Prmit ar 11 popl or 6.88%. Th high prcntag of rspondnts who answrd that th popl do not participat, in th issuing procss of Mining Businss Prmit, it can b said that local govrnmnt officials in Morowali and Palu is not optimal mbodis th principl of participation in th nforcmnt of nvironmntal prmits as an instrumnt of suprvision ovr th issuing procss of Mining Businss Prmit in mining sctor. Low mbodimnt of th principl of participation in th issuing procss of Mining Businss Prmit is causd by a lack of information and dissmination of local govrnmnts and th lack of public disblif of th managmnt of mining by local govrnmnts. This is bcaus local govrnmnts still think that th dcision rgarding th Mining Businss Prmit is full right and authority to local govrnmnts. Thus, thr is chaos thinking of local govrnmnts, thy fl thy hav natural rsourcs that xist in th rgion, spcially minrals, so thr is opposition from rsidnts in th ara. Local govrnmnts crtainly thought so local govrnmnts ar fudal, authoritarian and far from dmocratic principls. In addition to indicators of community participation lvl, public trust is also an indicator of th accomplish-mnt of th principl of participation in this rsarch. Th lvl of public confidnc in sing thir nvironmntal rquirmnts that must b implmntd by th local govrnmnt is vry important, bcaus with high public trust towards ach local govrnmnt policy, it will crat a harmonious synrgy in th managmnt st as public policy by local govrnmnts. Shifting to th rsarch findings abov, th local govrnmnt is supposd to chang th bhavior and cultur of cntralizd govrnmnt, fudalistic and authoritarian. Local govrnmnt officials who hav bn mor manifst thmslvs as rulrs srvd, must transform thmslvs into forcs that srv and aspirations of th popl, ithr dirctly or through thir rprsntativs in Parliamnt. Empowrmnt of local govrnmnts is vry appropriat, as normativly, th local govrnmnt accordanc with its authoritis is also rquird to opn and involv th public in dvlopmnt. Thus, popl will trust th govrnmnt policy. Not just follow, but th public will hav th ability to undrstand % 240

5 th rational and conduct of govrnmnt. Thrfor, th local govrnmnt must announc any plans of mining businss activitis to th public opnly, bcaus th participation of community in th managmnt of mining in th ara, which bgan thir plans until th implmntation of th mining businss, including th rsponsibilitis of mining companis post-min, it will hav positiv influnc on nvironmnt consrvation and community lif in th ara. 3.4 Ractualization of th Principl of Accountability on Environmntal Prmit Accountability rfrs to th institution of chcks and balancs, or also rfrrd to as th administrativ systm that organizs an assssmnt of th rsourcs or authority that has bn usd. Public buraucracy can b said to b accountabl whn thy hav bn assssd objctivly or hav to account for all forms of action to th party giving th hold powr and authority it originatd (th popl). Thrfor, it is th popl who hav ultimat sovrignty in th stat. Thrfor, th obligation of a prson or an organizational unit priodically to account for th managmnt and control of rsourcs and implmntation of policis ntrustd to it. To s th mbodimnt of th principl of account-ability rlatd to th nvironmntal prmits as an instrumnt for controlling th managmnt of mining in th ara, will b usd two indicators in this study, th accuracy of budgt us and valuation of budgt us. In th contxt of th rsarch objct to th managmnt of mining in Cntral Sulawsi provinc, th findings of rsarch indicat that th rspons ratings of rspondnts as many 55 popl (34.38%) answrd did not know or gav no rspons, 13 of 55 popl who did not know is a sampl of slf-local govrnmnt officials and 74 (46.24%) who said that th us of budgt is not appropriat in th contxt of nforcmnt of nvironmntal prmits through th issuing procss of Mining Businss Prmit in Morowali and Palu. Whil rspondnts answrd that th us of budgt is appropriat only 31 popl or 19.38%. Th high prcntag of rspondnts rspons who answrd that it did not know about th us of budgt in vry issuing procss of Mining Businss Prmit in th nforcmnt of nvironmntal prmits. It shows also th influnc of th principls of transparncy and th principl of participation of th community to b abl to know its accountabl th us of budgt, in ordr to th nforcmnt of nvironmnt prmit through th issuing procss of Mining Businss Prmit in Morowali and Palu. In addition, som rspondnts statd that th inappropriat us of budgt, so that both rspondnt answrd inappropriat and do not know if summd it will rach 129 popl or 80.62%. Basd on rspondnts rsponss it appars that th us of budgt for th issuing procss of Mining Businss Prmit in th nforcmnt of nvironmntal prmits in th mining sctor cannot b classifid as us of th budgt is right on targt. Inappropriatnss th uss of budgt causd by arroganc and authoritarian as wll as a lack of govrnmnt ovrsight (ladrs) and thos in th scrtariat. Th impact causd by thir arroganc and authoritarian as wll as th lack of attntion that is not opn to staff and community ladrs, so th issuing of Mining Businss Prmit did not mak an nvironmntal prmit as a prcondition that must b mt. Enforcmnt of nvironmntal prmits may not run proprly if thr is no synrgy btwn th intrsts of conomic, protction and prsrvation of nvironmntal functions, which ar formulatd in th form of a Mining Businss Prmit. Mining Businss Prmit is th rfrnc usd in conducting businss/mining activitis, so as to obtain a profit-orintd conomic intrsts and cosystms, maning that th advantags in trms of conomy can support cosystm managmnt, cosystm managmnt and vic vrsa which would incras th conomic valu of th ara. 4 CONCLUSION Th natur of nvironmntal prmit in supporting mbodimnt of th principls of transparncy, participation and accountability in th managmnt of mining in th ara aims to provid a balanc btwn th intrsts of conomic and nvironmntal protction to mt th nds of th prsnt and futur gnrations. To achiv good managmnt of mining in th ara, of cours, rquirs a form of managmnt that mts th mbodimnt of th principls of transparncy, participation and accountability. Basd on th mbodimnt of ths principls in th nforcmnt of nvironmntal prmit through th control, rgulation, suprvision and follow-up on th managmnt of mining in Cntral Sulawsi, classifid in th low catgory, so it dos not yt rflct th ralization of good govrnanc principls in th nforcmnt of nvironmntal prmits in mining. In ordr to raliz th principls of transparncy, participation and accountability in th nforcmnt of nvironmntal prmits in th mining sctor, it is xpctd to local govrnmnts, in ordr to hav a ral firmnss and commitmnt in th procss of nforcmnt of nviron-mntal prmits. For th issuing of ffctiv Mining Businss Prmit is supporting local govrnmnts prformanc in th implmntation of th fundamntal rights of citizns that hav bn guarantd by th Constitution. REFERENCES [1] Asshiddiqi, J. (2010). Grn Constitution, Nuansa Hijau UUD NRI Tahun 1945, Raja Grafindo Prsada, Jakarta. [2] Irwansyah. (2013). Aspk Hukum Audit Lingkungan. YAPMA, Makassar. [3] Manan, B. (2001). Mnyongsong Fajar Otonomi Darah. UII Prss, Yogyakarta. [4] N. M. Splt and J. B. J. M. tn Brg. (1993). Pngantar Hukum Prizinan. Translatd:Philipus M. Hadjon. Yuridika, Surabaya. [5] Rangkuti, S. S. (2000). Hukum Lingkungan dan Kbijak-sanaan Lingkungan Dalam Pross Pmbangunan Nasional Indonsia, Surabaya: Airlangga Univrsity Prss. [6] Rugbrgt, R., Salng, A., & Patittingi, F. (2016). Govrnmnt Policy in th Natural Rsourc Managmnt of Local Community.Hasanuddin Law Rviw, 1(1), doi: [7] Utama, I.M.A. (2006). Sistm Hukum Prizinan Brwawasan Lingkungan Hidup dalam Mwujudkan Pmbangunan Darah yang Brklanjutan (Studi trhadap Pmrin-tahan di 241

6 Wilayah Pmrintah Darah Provinsi Bali), Dissrtation, Postgraduat Unpad, Bandung. [8] Wahid, M. Y. (2013). Pngantar Hukum Lingkungan. Arus Timur, Makassar. 242