Effectiveness of Environmental Policy Enforcement and the Impact by Industrial Mining, Energy, Mineral, and Gas Activities in Indonesia

They are being polemic for Indonesia between implementing production and sustainability simultaneously, considering that Indonesia is a newly emerging country, which of course wants to be independent and also sovereign from the regional side as a unitary state and even financially independent to meet all the needs of the Indonesian people. The main challenge faced by Indonesia is pursuing maximum economic growth through the use of natural resources. The effectiveness of environmental law enforcement on the activities of the mining, gas, and mineral industry can run smoothly and smoothly concerning several fundamental aspects. On the other hand, mining activity is an effort to create jobs, improve the economy, which aims at equitable distribution of income through the absorption of labor in the sector of the mining industry. Environmental issues that are becoming a global issue require the government to take firm action against violators/perpetrators of environmental pollution to cause deterrent effects for others. The government can take legal steps through administrative, criminal, and civil considerations as a manifestation of creating environmentally friendly and sustainable production activities in the future.


INTRODUCTION
Environmental problems have become a national problem and are even becoming a global issue that does not seem difficult to resolve. Population growth and economic growth also have an impact on changes in consumption patterns of the worldwide community (Murdifin et al., 2019). So that along with the variety of changes, it also has an impact on environmental issues caused by one of them by waste. In 2017 the population of Indonesia had reached 261.89 million compared to 2000, which was 206.26 million. According to data from the Indonesian Ministry of Industry in 2016 the amount of B3 waste disposal, the remaining industry managed in 2017 amounted to 60.31 million tons and accumulated from 2015 only reached <40% of the target of the B3 waste management of 755.6 million tons in the year 2019. B3 waste is the largest produced by the mining, energy and mineral industries.
Mining activities are a significant contributor to liquid waste. The GDP generated from the mining and quarrying sector in Indonesia amounted to 167.7 trillion rupiahs in 2000, increasing to 1,028.8 trillion in 2017. The development of the mining industry, energy, and minerals increased the problem of waste. The sorting process uses a lot of water media, or even those carried out in rivers such as gold mining activities which directly dispose of their trash into the river without prior processing, as well as coal mining activities. In line with that, the environmental problems generated by waste originating from mining, energy, and mineral activities also have an impact on river water quality in Indonesia, which is generally in a heavily polluted state. In 2018 as many as 25.1% of villages experienced water pollution, and their land contaminated around 2.7% of communities. The emergence of waste disposal in addition to having an impact on the environment also has an effect on health, therefore serious measures need to be taken in accordance with the targets of the sustainable development goals (SDGs) in which the SDGs target by 2030 to substantially reduce waste production through prevention, reduction reset and reuse. The waste contributes to greenhouse gas emissions that cause global climate change where climate change spurs natural disasters such as floods, landslides, tornadoes, droughts, and so on. Emissions in the waste sector tended to increase in 2000 with a record 60.1 million tons of CO 2 e released in the environment and in 2016 it reached 97.9 million tons of CO 2 e. Table 1 Shown the production of essential mining types and mineral excavations in Indonesia. Efforts made by the Indonesian government to combat environmental problems originating from industrial waste, including by allocating environmental protection budgets to the National Budget (national government expenditure) and the regional budget (regional government expenditure) (Mina, 2016). Indonesia as a country that is rich in natural resources, both renewable and non-renewable natural resources, of course, besides being an opportunity, it is also a challenge for Indonesia to play an active role in environmental conservation globally. In Article 33 of the 1945 constitution (paragraph 2) which is the main guideline and legal basis of Indonesia states that "the earth, water and natural resources contained therein are controlled by the state to be used as much as possible for the prosperity of the people." So that in the management of natural resource and energy wealth activities it is necessary to apply the principle of sustainable development followed by the application of laws that maximally protect nature, ecosystems and the survival of living things (Hatta, 1977).
On the other hand, it has become polemic for Indonesia between implementing production and sustainability, considering that Indonesia is a developing country which of course wants to be independent and also sovereign from the regional side as a unitary state and even financially independent to meet all the needs of the Indonesian people. The main challenge faced by Indonesia is pursuing maximum economic growth through the use of natural resources which aims to accelerate equity and social justice and to reduce the income gap between regions in Indonesia as the country with the most islands in the world.
The leading players in the petroleum commodity mining industry such as Chevron (USA) contribute 40% of the total lifting of 287 million barrels of oil. 15% from Pertamina EP (Indonesia), 5% from Pertamina, INPEX and Conoco Philips (USA) and 30% from from other companies through operations in Riau and East Kalimantan -Indonesia with total state revenues for the oil and gas sector amounting to 341 trillion rupiah and 37 trillion rupiah from the minerals and coal sector (eiti.ekon.go.id, 2014). For natural gas lifting Conoco Phillips (USA) contributes 21% of the total 2.3 million Indonesian national MSCF gas, 16% of the contribution comes from BP (Indonesia), 12% comes from Pertamina EP (Indonesia), 11% from INPEX, 10% from total (USA) and 30% from gas lifting contributions from other companies (eiti.ekon.go.id, 2014).
Deeper in entering into the main issues in this study, the effectiveness of environmental law originating from mining and mineral excavation activities in Indonesia each year shows that there are still many legal cases. As in 2013, legal claims in the mining sector reached 203 cases, 2014 with 173 cases and in 2018 240 cases. The legal arguments in mining activities are mostly related to legislation, which are incomplete licenses, or overlapping mining permits originating from errors in issuing permits (CNN Indonesia.com, 2018). The lack of legal prosecution for mining activities in Indonesia has provided concrete evidence, as in 2016 out of 5587 mining business permits will be blocked due to expired mining permits. The number of civil law cases in mining activities is due to licensing data that is not integrated, both mining data, company data, and beneficial ownership data (www.bbc.com, 2017 Weak law enforcement in mining activities in addition to having a direct impact on the environment also affects state losses through non-transparent beneficial ownership. Data from 2018 from Indonesia corruption watch (ICW) provides a statement that out of 11,000 mining businesses, there are 3772 mining businesses prone to corruption and potentially harming Indonesia reaching 28.5 trillion rupiah due to hidden ownership. The existence of closed business ownership can also have the potential as a means for money laundering, monopoly and unhealthy competition which are all impacts of governance and information sources that are closed and not upholding legal aspects. The overlapping problems in the mining industry are also marked by the lack of transparency in the administrative process, ranging from standardizing the measurement of mine impacts, up-to-date mining company contract data, weak revision of guidelines related to the extractive industries transparency initiative (EITI) and ineffectual regulations regarding mining regulations and laws. Adding a long line of administrative issues to legal cases in the mining industry which if not handled seriously by the government will have an impact on the effectiveness of state revenues and also have a direct effect on the environment due to the mining industry's disobedient procedures.
Therefore, objectively this study is expected to be able to provide alternative solutions for the government and stakeholders towards efforts to the effectiveness of ideal law enforcement that is assessed through an economic perspective, management policy, and law.

LITERATURE REVIEW
The terminology of enforcement of environmental laws by biezeveld said that the enforcement of environmental law is: Environmental law enforcement legal powers to ensure compliance with environmental regulations utilizing: (1) Administrative supervision of compliance with environmental regulations (inspection) (mainly preventive activity), (2) organizational measures or sanctions in case of non-compliance (corrective exercise), (3) repressive activity criminals in case of presumed offenses; (4) criminal rules or penalties in case of repressive activity, (5) civil action (lawsuit) in the case of (threatening) non-compliance (preventive or corrective activity) (Faure and Svatikova, 2012).
Furthermore, environmental law enforcement is an effort to achieve adherence to regulations and requirements in general and individual legal provisions, through supervision and implementation of administrative, criminal, and civil sanctions (Akhmaddhian, 2016). Enforcement of environmental law can be done preventively, meaning that active control is carried out on compliance with regulations without a direct incident involving actual events that lead to the presumption that legal provisions have been violated. Instruments for preventive law enforcement are counseling, monitoring, and use of the authority that is supervisory (sampling, stopping machines, and so on). Thus, the primary law enforcers are officials/government officials who are authorized to give permission and prevent environmental pollution (Lestari and Djanggih, 2019). Repressive law enforcement is carried out in the event of an act that violates the rules and aims to end the prohibited act directly. Criminal prosecution generally follows rules violations and usually cannot negate the consequences of the offense.

Sustainability Development Goals (SDGs)
SDGs is a global action plan agreed upon by world leaders to end poverty, reduce inequality, and protect the environment. SDGs contains 17 goals, namely eradication of poverty, ending hunger, improved health and well-being, quality education, gender equality, access to clean water and sanitation, clean and affordable energy. Decent work and economic growth, industrial infrastructure and innovation, reducing income inequality, cities, and sustainable communities, responsible consumption and production, handling climate change, safeguarding marine ecosystems, maintaining terrestrial ecosystems, peace and justice, and strong institutions, partnerships to achieve goals. So that to fulfill the seventeen destination objectives, there are 169 targets expected to be completed by 2030 (Organization, 2016). Where precisely the goals for the environmental handling sector are expected to upgrade infrastructure and retrofit so that the resulting waste emissions can be controlled so that they can keep the environment clean through controlling CO 2 emissions, Waste or Hazardous management, all of which can be implemented through product regulations that are conducive to the environment implemented.

RESEARCH METHODS
This study approach uses the socio-legal research method on the implementation of laws regarding the effectiveness of the application of environmental law and environmental law administration in the scope of mining, mineral, and gas industry activities in Indonesia. Data collection uses some secondary data about the phenomena and violations of mining activities that are linked to the realization of the implementation of legal provisions in Indonesia.

Sources of B3 and Non-B3 in Indonesia
The waste comes from various human activities, which occur from waste material that is no longer used. Waste is generated from industrial events and domestic operations; here are some sources of waste. Table 2 explains in general about the rate of production of waste from some of the largest sources of GDP in Indonesia from 2000 to 2017.

Mining sector, energy and mineral
Mining activities are a significant contributor to liquid waste. The GDP generated from the mining and quarrying sector amounted to 167.7 trillion in 2000, increasing to 1,028.8 trillions in 2017 (Badan Pusat Statistik, 2018). The development of the Energy and Mineral Mining industry rises the problem of waste. The sorting process uses a lot of water media, or even what is done in the river. As seen in gold mining, it immediately dumps the waste into the river without prior processing. Likewise, in coal mines, sludge containing toxic metals is far more dangerous than the purification process of gold mining using cyanide. These carcinogenic elements, when mixed with river water and used by the community, will reduce river water quality, causing severe health problems (Badan Pusat Statistik, 2018).

Agroindustry sector
The agro-industry sector also produces waste disposal from agricultural processes, both in the pre-harvest, harvest, and postharvest operations. As the largest producer of palm oil (CPO) in the world, Indonesia has the most extensive palm oil land in the world. The area of oil palm in Indonesia in 2016 reached 6.46 million hectares, of which 89% was controlled by large private plantations. While other CPO and CPO production for the year reached 22.76 million tons, this waste contains very high organic material so that the level of pollution will be higher. Mainly because almost every palm oil industry is located near the river, and its liquid waste if left to form ammonia, which will threaten the life of aquatic biota and cause foul odors.

Manufactur sector
The number of large and medium industrial companies in 2000 was 22 thousand companies, to 26 thousand in 2015, and 1 in 4 companies were food processing industries, then the textile and apparel industries. Plus the number of micro-small companies that are very large in Indonesia, in 2010 has reached 2.7 million business units and in 5 years to 3.6 million units in 2015. Waste produced by factories is discharged into waterways such as sewers, times or river and ends at sea. This liquid waste is dangerous, and some can be neutralized quickly. Waste that is discharged into waterways without being treated first can cause water ecosystems to be damaged, even living things inside death.
Waste is a contributor to global warming emissions that cause global climate change. Climate change triggers natural disasters, including floods, landslides, tornadoes, droughts, etc. Emissions in the waste sector tend to increase, in 2000, there were 60.1 million tons of CO 2 e released to the environment, and in 2016, it reached 97.9 million tons of CO 2 e. In addition to natural disasters, waste is also related to technological disasters, especially mistakes in the management of B3 waste. Some cases of B3 pollution include instances of heavy metal pollution from electronic waste which poison children caused by lead waste in their area exceeding the WHO threshold (Badan Pusat Statistik, 2018). B3 wastes, especially heavy metals such as mercury, lead or dioxin substances, are toxic, carcinogenic (cause cancer), and mutagenic. Its external impact is the degradation of the environment and the health of the people living around it. Land, water, and the air around the waste processing site are generally contaminated with heavy metals and toxic compounds. Data shows that nearly 68% of river water quality in Indonesia is heavily polluted (Badan Pusat Statistik, 2018).

Management and Utilization of B3 Waste in the Mining, Energy and Mineral Sector
The B3 waste data managed in 2015 amounted to 125.54 million tons from 269 companies (Table 3). For 2016, there were 78.36 million tons from 295 companies. While the amount of B3 waste managed in 2017 was 60.31 million tons from 262 companies. The type of company that leads waste the most every year is engaged in the mining, energy and mineral subsector. The activity because the energy and mineral mining sector has a large work area and production capacity. But when compared to the target until 2019, the waste management position until 2017 has not yet reached the goal. The cause of the target was not achieved because of the presence of B3 waste managed without permits, handed over to unauthorized third parties or open dumping (Badan Pusat Statistik, 2018).

Waste Management Efforts in Indonesia
First effort, waste management in Indonesia refers to Indonesian government regulation number 101 of 2014 stating that B3 waste management activities are a series of events which include reduction, storage, collection, transportation, utilization, the management or stockpiling. To ensure that each chain of B3 waste management is by the legal provisions. B3 waste managers must be equipped with a permit. One of the efforts to manage waste including the mining, energy and mineral industries in Indonesia is through the issuance of permits, as in 2015 the number of licenses issued to waste managers was 582 applicant issues and as many as 200 licenses had not been published or the comparison between the number of permits issued reached the target 74.4%. In 2016 the number of permits issued compared to 2015 increased to 639 licenses that had been issued, and 92 permits had not yet been issued or reached 87.4%. Whereas in 2017 it decreased from the previous year, namely 2016 to 439 issued licenses and 97 unpublished permits or an achieved target of 83.6%.
The second attempt is related to waste management in Indonesia, namely the recovery of B3 waste contaminated land. This is following Indonesian minister of environment regulation no.

DISCUSSION
Enforcement of environmental law in Indonesia includes structuring and enforcement (compliance and implementation). When talking about administrative law enforcement, of course, it will discuss the facilities that can be used in law enforcement administration. The scope of regulatory law enforcement to make enforcement of environmental law can be useful can be achieved through two aspects, namely defensive efforts which include supervision to prevent violations that have the purpose of compliance with regulations. Second, repressive efforts through the application of sanctions to stop breaches and return to the situation before the abuse of legal norms.
To avoid repeated criminal prosecution, individuals who commit environmental pollution must stop the situation. Regarding the enforcement of local environmental law by the Government, it should be able to take environmental dispute settlement efforts by way of an environmental lawsuit to obtain compensation for victims of pollution due to illegal acts by polluters. Considering that ecological pollution activities harm many parties and ecosystems, the government can take the path by using (private prosecution) the perpetrators of environmental pollution, in this case, are companies that are active in the mining, energy and mineral industries through civil lines.
Administrative environmental law is the most substantial part, and environmental law consists of regulatory and legal provisions. These provisions, on the one hand, are the norms that bind citizens. On the other hand, the regulation also regulates the limits of authority and government organizations in terms of implementing material norms. If a provision of environmental law pertains to how licensing is granted, then this provision contains a material norm; an action is an act that is prohibited insofar as permission has not been obtained. Also, the same regulations, namely recognizing or giving authority to the government to give permits related to mining industry activities. Administrative sanctions are given if mining operators violate the rules after their business permit is issued. In other words, environmental law needs an integrated licensing system, meaning to prevent and eradicate or overcome ecological pollution problems. So that in taking a more comprehensive legal procedure, the government must reinforce environmental licensing procedures. The concrete steps that must be accompanied by the government as the licensor require the participation of the community and the study of science or technology. In the clause of the study of legal regulations that involve many stakeholders (community, academics, government), it is necessary to consider several key points, namely: (1) How is the implementation of industrial activities so that the activation process does not cause pollution; (2). If there is contamination how to overcome it; (3). Supporting tools or instruments/facilities and infrastructure that need to be prepared to prevent pollution; (4). If the contamination is not overcome, how is the solution for the recovery of the environment; (5). How environmental restoration and monitoring is carried out; in what form pollution losses are carried out. Therefore, after the instrument has been arranged in the way of standard regulations and violations of permits continue to occur, the company can be given a cumulative sanction in the form of revocation of licenses, civil penalties, and criminal sanctions.
If the environmental management law (UUPLH) is reviewed, it is evident that the punishments for enforcing administrative environment law are still limited to pouring, which is limited to coercive government (article 25 paragraph 1) in the form of "payments of certain money" (article 25 paragraph 5) and revocation of licenses (article 27).
Apart from that, regarding the enforcement of environmental law after administrative law can also lead to criminal law. The effectiveness of the application of sanctions and elements of criminal imposition for perpetrators of environmental pollution, the implementation and enforcement of criminal law for environmental law actors must pay attention to the severity of environmental pollution. Besides that, practical considerations sometimes must also be considered. Environmental codes related to evidence and determination of the causal relationship between polluting and polluted actions and procedures for prosecuting them are regulated by criminal law. The role of the investigator is very functional because it involves evidence or an instrument which is sometimes scientific (chemical). Besides that the proof of the causal relationship element is an obstacle for investigators, environmental pollution often occurs cumulatively, so it is difficult to prove the source of contamination is polluted because it is chemical. In theory ecological law, criminal and civil sanctions can be applied to environmental polluters by looking comprehensively, meaning that polluters can be given administrative sanctions. In the form of revocation of licenses as well as criminal penalties, even the principle primitive premium can be applied in environmental offenses, meaning people who violate permits, not the business license was revoked at the same time in criminal. The application of this sanction is emphasized considering that pollution is difficult to overcome or restore as before. Another road taken by the government to avoid environmental problems caused by increasingly uncontrolled mining activities is by utilizing private law. Civil sanctions in the form of compensation to the aggrieved party (community) through the application and effectiveness of the CSR (Corporate Social Responsibility) function.

CONCLUSION
The effectiveness of environmental law enforcement on the activities of the mining, gas, and mineral industry can run smoothly and smoothly concerning several fundamental aspects. On the other hand, mining activity is an effort to create jobs, improve the economy, which aims at equitable distribution of income through the absorption of labor in the sector of the mining industry. However, mining activities have two opposing sides, namely the principle of productivity as a positive side and the impact of pollution as a negative side. Therefore law enforcement is also endeavored to be fair to both companies/entrepreneurs in the mining, gas and mineral industry and even the community.
Environmental issues that are becoming a global issue require the government to take firm action against violators/perpetrators of environmental pollution to cause deterrent effects for others. The government can take legal steps through administrative, criminal, and civil considerations as a manifestation of creating environmentally friendly and sustainable production activities in the future.