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Community Involvement in Preparation of EIA Documents as 

Implementation of Participatory Principles In Law No.32 Year… 

 

 

Community Involvement in Preparation of EIA Documents 

as Implementation of Participatory Principles In Law No.32 

Year 2009 About Protection and Environmental 

Management (Study at PT Mandiri Mining Corporindo) 

Rahmat, Rahmat 

Faculty of Law, Universitas Tomakaka 

email: rahmatlawyers@gmail.com 

 

ABSTRACT 

PT. Mandiri Mining Corporindo (MMC) is a mining company of Mangan in Bonehau Village, 

Bonehau District of Mamuju Regency, West Sulawesi Province with exploration license 

number 418/2009 and production operation license number 333 of 2010, where production 

process has started since October 2010, while the area of mining business license owned 

by PT.MMC is 178 ha covering 178 ha area covering production forest area 125 ha and 

community plantation 53 ha, but a newly managed area about 30 percent. Since the 

beginning of the opening of mining companies in this village has raised concerns about the 

negative impact of environmental damage, given the location of the mine directly bound to 

the plantation and rice fields of local communities. This is an interesting issue studied from 

the legal aspects of licensing, especially environmental permissions so that the problems 

in this research are; First what is the position of Environmental Impact Assesment EIA  in 

PT.MMC environmental permit? Second, how does the community engage in the document 

of Environmental Impact Assesment EIA PT.MMC implementation. the results of this study 

indicate that the EIA position in the environmental permit is an absolute obligation and 

prerequisite if a company violates the environmental permit, the business license or activity 

may be canceled. And the PT.MMC EIA issuance procedure has been in accordance with 

the legislation but in its implementation is not in accordance with the planning. 

Keywords: environmental impact assesment EIA of PT.MMC; environmental permit; 

licensing law; AMDAL 

 

INTRODUCTION 

EIA is a very important part of a plan for environmental or natural resource 

exploration activities. The legal basis of EIA is contained in Law Number 23 Year 1997 

regarding Environmental Management, as it has been amended through Law Number 32 

Year 2009 on Environmental Protection and Management hereinafter its implementation 

rule through Government Regulation No. 27/1999 on environmental impact analysis life 

and Regulation of the State Minister of Environment No.11 of 2006 on the type of business 

plan and or activity that must be completed EIA. Thus EIA is a technical means used to 

estimate the negative and positive impacts that will be generated by a planned activity on 

the environment, considering that in the preparation of EIA documents it is necessary to 

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involve the public widely and openly,1 as it is the principle of participative in Law Number 

32 of 2009 on the Protection and Management of the Environment. With the implementation 

of a participatory EIA, then decision-making on the plan of an activity has been based on 

consideration of ecological aspects. From the above description, then the problem we face 

is how malaksanakan development that does not damage the environment and natural 

resources, so that development can improve the environmental capability in supporting the 

continuation of development as a whole. With the support of environmental capabilities that 

are maintained and built in harmony and balance, the implementation of development, and 

the results of development can be implemented and enjoyed on an ongoing basis from 

generation to generation. 

The mining business is one of human effort to improve the quality of its economy, 

because the mining industry promises prosperity and prosperity of the people. But behind 

it there is also a big threat to the environment if the mining business management is done 

irresponsibly. Mamuju District, West Sulawesi Province is an area rich in natural resources 

potential in the form of gold, oil, natural gas, coal and manganese materials. One of the 

areas with potential coal and manganese mines, is Bonehau Village, Bonehau District, 

Mamuju District with an area of 96,176 Km2, which can even be assumed that it could 

damage the tourism potential in other Regions due to the lack of attention to environmental 

sustainability that may affect the visit or the decision of the tourists who participate in 

providing foreign exchange for regional development.2 

Among the companies that have a mining business license are PT. Mandiri Mining 

Corporindo (MMC) with exploration license No. 418/2009 and production operation license 

No. 333 of 2010, which is engaged in mining of manganese, where the production process 

has started since October 2010. The area of Mining Business License owned by PT.MMC 

is 178 ha covering a production forest area of 125 ha and community plantation of 53 ha. 

but the newly managed area is about 30 percent. 

Since the beginning of the opening of mining companies in the village of Bonehau 

has caused pros and cons in the community, where some people judge if the socialization 

is not done by the company or local government, so it is feared the opening of manganese 

mining company will cause the impact of environmental damage in various sectors, directly 

adjacent to the plantations and rice fields of local communities, as Hasmin, a local youth 

figure (author interview on 19 March 2012). It is, therefore, necessary to have a 

comprehensive assessment of the environmental law instruments, existing licensing laws 

and their impact on the communities affected by the development of manganese mining 

 
1 Baharuddin, H. 2008. Hak Gugat Lembaga Swadaya Masyarakat (LSM) Dalam Rangka Kontrol Terhadap 
Pelayanan Publik, PT. Umitoha Ukhuwah Grafika: Makassar. 
2 Bahari, A. F., & Ashoer, M. (2018. Pengaruh Budaya, Sosial, Pribadi Dan Psikologis Terhadap Keputusan 
Pembelian Konsumen Ekowisata. Jurnal Minds: Manajemen Ide dan Inspirasi, 5(1), 68-78. 

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business through an EIA study. This study will examine EIA as an important instrument in 

every environmental permit, and how it is implemented in PT.MMC that manages 

manganese mines in Bonehau Village, Mamuju District, West Sulawesi Province. For that 

matter, this study formulates the following issues: How is the implementation of PT. MMC 

preparation EIA? And how is community involvement in the EIA document team of PT. 

MMC ? 

METHOD   

This article uses legal research with an empirical approach and forms the 

formulation of the problem set out to review and provide an analysis of the implementation 

of EIA pertamabangan business (Study at PT. Mandiri Mining Corporindo in Mamuju 

District, West Sulawesi Province). 

ANALYSIS AND DISCUSSION 

Implementation of PT.MMC EIA Preparation 

Against the implementation of EIA PT.MMC, a survey of thirty respondents 

comprising communities around the PT.MMC mining site, measured by participation and 

community involvement in the implementation of the EIA. 

The results of the interviews and questionnaires to measure community knowledge 

on EIA are arranged in the form of tables as follows: 

Table.1 Public Knowledge of EIA 

No Opinions Responden Frequency Percentage 

1. 
2. 
3. 

do not know 
know some 
ever heard 

20 
3 
7 

70 
5 

25 

 Total 30 100 

Source: primary data, 2016 

 In the table above there is 70 percent of people do not understand about the EIA 

and only 30 percent who know some and have heard about the EIA. Furthermore, the 

researchers conducted a survey of community involvement in the socialization of EIA 

PT.MMC, found the following things, as much as 10 percent of respondents answered that 

community involvement only in the early stages of socialization and discussion EIA course, 

the remaining 90 percent said no even not know about the existence socialization EIA 

PT.MMC, more fully illustrated in the following table. 

 

 

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Table 2. Community Involvement in EIA Socialization 

No Opinions Responden Frequency Percentage 

1. 
 
 

2. 
3. 

There is socialization at the stage 
of announcement and discussion of 
EIA 
There is no 
do not know 

5 
 

20 
5 

10 
 

80 
10 

 Total 30 100 

Source: primary data, 2016 

From the data presented above, it is clear that in the implementation of the 

preparation of EIA PT.MMC has not maximally involved the community so that the 

participative principles explicitly stipulated in Article 26 paragraph (1) to paragraph (3) of 

Law No.32 of 2009, protection and management of the environment, in the article it is 

explained that the EIA document is prepared with the involvement of the community in a 

transparent manner, especially the people who will be affected by a business activity. The 

question that arises then is whether or not the public involvement in the preparation of the 

EIA document, the PT.MMC mining business license can be reviewed ?. 

Administrative law enforcement instruments are part of the rule of law (besturen), 

then the enforcement of state administration law is subject to general principles 

(government law), namely the principle of validity (rechtmatigheid van bestuur), the 

principle of efficiency and effectiveness (doelmatigheid an doeltreffendheid), the principle 

of openness openbaarheid van bestuur) and the principle of planmatigheid 

(planmatigheid).3  

Mas Achmad Santosa stated that the administrative law enforcement devices in a 

legal system and the government should at least include five devices which are 

prerequisites for the effectiveness of administrative law enforcement in the environmental 

field4. The five devices are : 

1. Permission, which is utilized as a control and control device 

2. Conditions of consent with reference to EIA, environmental quality standards, 

legislation 

3. Structuring control mechanism; 

4. The presence of adequate supervisory officials in both quantity and quality 

5. Adminisrative sanctions 

 
3 Aditia Syaprillah, 2016, Penegakan Hukum Administrasi Lingkungan Melalui Instrumen Pengawasan, Jurnal 
Bina Hukum Lingkungan, p. 103, vol.I No.1 Oktober 2016. 
4 Ibid, hal, 104 

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There is a model of law enforcement of the administrative environment with some 

kind of administrative sanctions that are usually applied to violations committed by the 

perpetrators of activities are: 

1. Bestuursdwang (government coercion). 

2. Withdrawal of favorable decisions (permits, subsidies, payments, and so on) 

3. The imposition of forced money by the government  (dwangsom). 

4. Imposition of administrative fine (administrative boete).5 

This view is a form of administrative law enforcement developed in the 

Netherlands, which is expected to be a comparator in the formation and practice of 

administrative law in Indonesia. 

A pyramid form in enacting sanctions in the enforcement of environmental law is 

the imposition of administrative sanctions as mentioned above applied systematically and 

gradually (ranging from mild, medium to heavy), UUPLH set the implementation of three 

types of administrative sanctions namely: 

1. Coercion of government article 25 paragraph (1) 

2. Payment of a certain Total of money article 25 paragraph (5) 

3. Revocation of business license article 27 paragraph (1)6 

 That enforcement of environmental law in the environmental field has several 

strategic benefits compared to other law enforcement devices (civil and criminal) such 

benefits are as follows: 

1. Enforcement of environmental administration law can be optimized as a 

preventive tool 

2. Enforcement of administrative law (which is prevention) can be more efficient in 

terms of financing than criminal and civil law enforcement. Financing for 

administrative law enforcement includes routine field inspection costs and 

cheaper laboratory testing compared to evidence collection efforts, field 

investigations, hiring expert witnesses to prove causality (causality) in criminal 

and civil cases. 

3. The enforcement of the administrative law has more ability to invite community 

participation.7 

Administrative law enforcement devices in a legal and administrative system 

should at least include permits, permit requirements with reference to EIA, environmental 

 
5 Rahmat, 2015, Hukum Perlindungan dan Pengelolaan Lingkungan Hidup, The Phinisi Press, Yogyakarta, hal 
33.  
6 Helmi, 2012. Hukum Perizinan Lingkungan Hidup, Sinar Grafika, Jakarta. hal-27 
7 Loc.cit, hal 35 

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quality standards, statutory regulations, regulatory oversight mechanisms, the presence of 

regulatory authorities and administrative sanctions.8 These five devices are the preliminary 

requirements of the effectiveness of environmental administration enforcement. 

Officials authorized to impose administrative sanctions of governmental coercion 

and payment of a certain Total of money are the Governor. The Governor may transfer the 

authority to the Regent / Mayor. For the application of administrative sanction in the form 

of revocation of business license, the authorized person is the officer issuing the business 

license concerned. The Governor is only authorized to propose the revocation of a business 

license to the authorized official issuing the permit. Therefore, based on the above studies, 

the Mamuju District Government of West Sulawesi Province can perform administrative 

actions in the form of a recommendation to improve the EIA document of PT. Mandiri 

Mining Corporindo (MMC). 

Community Involvement in Assessment Team of PT.MMC EIA Document 

The EIA document assessment shall be undertaken by the EIA Appraisal 

Commission to assess the EIA documents of strategic business and/or activities, located 

over one province, located in the disputed territory, in the ocean spaces, and/or their 

location across the borders of the Republic of Indonesia with other countries. In the 

implementation of regional autonomy, for the provincial level, the EIA document 

assessment is undertaken by Provincial Development Planning Agency at Sub-National 

Level (BAPPEDA), which is to assess businesses and/or activities that are located in excess 

of one district. For regency/municipality level is also available the assessment team is the 

officials who have received the certificate of Appraiser (EIA). The EIA document 

assessment is undertaken for several documents and includes assessments of 

administrative completeness and document contents. 

As for the documents assessed, include : 

1. Assessment of the Terms of Reference document. 

2. Assessment of Environmental Impact Analysis documents. 

3. Assessment of Environmental Management Plan. 

4. Assessment of Environmental Monitoring Plan. 

The Based on the results of research related to the implementation of PT. MMC 

AMDAL/EIA issuance as the holder of a business license for manganese mine 

management in Bonehau Village, Bonehau Subdistrict, Mamuju District, West Sulawesi 

Province. Based on the author's interview with the head of Bappedalda of Mamuju district 

as the institution issuing the environmental permit, according to him PT.MMC has fulfilled 

 
8 Gatra, Dwi, et al. "Stagnancy of Land Use Arrangement Former Cultivation Rights." Substantive Justice 
International Journal of Law 1.1 (2018): pp. 1-8. 

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all the administrative requirements for the issuance of its environmental permit, but in the 

implementation acting as the assessment team are the officials led by the head of Bappeda 

(Development Planning Agency at Sub-National Level) formed by the Bupati without 

involving the affected communities. In Government Regulation No. 27/1999 on an analysis 

of the environmental impacts, it is explained that the AMDAL/EIA assessment team's 

membership consists of government elements, affected community representatives, 

universities/experts, and non-governmental organizations. 

There is a kind of ambiguity in EIA policies in which the document is placed as a 

scientific environmental feasibility study that serves as a tool for decision-making in 

development. However, the assessment commission charged with assessing EIA consists 

of the majority of representatives of government agencies that reflect heavy bureaucracy 

and advocacy representatives. From the composition there may result in the following: (1) 

environmental feasibility decisions are dominated by votes based on bureaucratic interests; 

(2) community and NGO representatives as counterbalance forces can easily be captured 

or co-opted due to various factors; (3) the decision is quite difficult to achieve because the 

dominant is not an objective scientific consideration but the interests of government or 

interests of society / NGO unilaterally. 

The EIA assessment process should be an important instrument in the 

management of Natural Resources and Environment, adhering to the principle of prudence 

in order to maintain the sutainable potential of natural resources that are limited in nature 

such as mining commodities, especially if the Natural Resources is a buffer for community 

life, because the community itself is a resource for regional development, as well as to 

PT.MMC as the initiator or proponent of the EIA should voluntarily have the awareness to 

abide by implementing environmental management plans in accordance with the principles 

set forth in Law No.32 of 2009 Environmental Protection and Management is the principle 

of sustainability. 

CONCLUSION 

Based on the description of the discussion that has been raised, the conclusions 

that can be drawn on the two formulations of the problem are as follows: Implementation 

procedures for the preparation of EIA PT. Mandiri Mining Corporindo (MMC), does not 

involve communities that will be affected by mining operations, so it is not in line with the 

participative principles as referred to in Law no. 32 of 2009 on the Protection and 

Management of the Environment. Similarly to the evaluation and assessment of EIA 

documents of PT. Mandiri Mining Corporindo, the elements involved in the EIA assessment 

team/commission which are still dominated by the bureaucratic elements are not in line 

with the participative principles. A regulation that reinforces licensing supervision is more 

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selective for every business activity that manages Natural Resources as a concrete form 

of environmental protection and management. In strengthening the regulation as the first 

suggestion above, one of the important material, content, and substance are regulated is 

the review and even cancellation of a business license if the procedure of preparing the 

Company's EIA proved not to involve the affected community. 

REFERENCE 

Aditia Syaprillah, (2016), Penegakan Hukum Administrasi Lingkungan Melalui Instrumen 

Pengawasan, Jurnal Bina Hukum Lingkungan, p. 103, vol.I No.1 Oktober 2016. 

Andi Hamzah, (2005). Penegakan Hukum Lingkungan, Sinar Grafika, Jakarta. 

Bahari, A. F., & Ashoer, M. (2018). Pengaruh Budaya, Sosial, Pribadi Dan Psikologis 

Terhadap Keputusan Pembelian Konsumen Ekowisata. Jurnal Minds: 

Manajemen Ide dan Inspirasi, 5(1), 68-78. 

Baharuddin, H. (2008). Hak Gugat Lembaga Swadaya Masyarakat (LSM) Dalam Rangka 

Kontrol Terhadap Pelayanan Publik, PT. Umitoha Ukhuwah Grafika: Makassar. 

Gatra, Dwi, et al., (2018), "Stagnancy of Land Use Arrangement Former Cultivation 

Rights." Substantive Justice International Journal of Law 1.1. 

H.J.Mukono, (2015), Kedudukan AMDAL Dalam Pembangunan yang berwawasan 

lingkungan yang berkelanjutan (Sutainable Development), Jurnal Kesehatan 

Lingkungan Vol.2 No.1.  

Rahmat, (2015). Hukum Perlindungan dan Pengelolaan Lingkungan Hidup, The Phinisi 

Press, Yogyakarta 

Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 

Undang-Undang No.23 Tahun 1997 tentang Pengelolaan Lingkungan Hidup 

Undang-Undang No.32 Tahun 2009 Tentang Perlindungan dan Pengelolaan Lingkungan 

Hidup 

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