Juridical Review Contract Of PT. Freeport Indonesia Against Elements In The Rio Declaration On Environment And Development 1992

by ADMIN 128 views

Introduction

The mining industry has been a significant contributor to the Indonesian economy, with PT. Freeport Indonesia being one of the largest contributors to the country's foreign exchange. However, the existence of this company has also raised serious concerns related to environmental impact. The damage to the landscape in the Mountains of Grasberg and Ertsberg and the negative impact on the surrounding environment have become an unpredictable issue. This raises questions about whether the contract of work owned by PT. Freeport Indonesia is in accordance with applicable regulations, both at the international and national level.

PT. Freeport Indonesia has a contract of work that allowed him to carry out mining in the Grasberg and Ertsberg areas since 1967. This contract, which should have ended in 2021, has made PT. Freeport Indonesia as one of the biggest contributors to the country's foreign exchange. However, the existence of this company cannot be separated from serious problems related to the environmental impact it causes. The environmental impacts resulting from exploitation activities of PT. Freeport Indonesia are very significant, including waste waste produced that is often invisible but has a long-term impact that damages the ecosystem, including damage to forests, rivers, and wetlands which are productive areas.

The Contract of Work of PT. Freeport Indonesia

The contract of work of PT. Freeport Indonesia is an agreement between the Indonesian government and foreign private companies, or joint ventures with national companies. The object of this agreement is mineral exploitation. The legal position of the contract of this work is quite strong and binding, based on Law Number 1 of 1967 concerning Foreign Investment and Law Number 11 of 1967 concerning the Basic Provisions of General Mining, which is updated with Law Number 4 of 2009 concerning Minerba Mining.

However, if we refer to elements in the Rio declaration, which includes integration between environmental protection and economic development, rights to development, sustainable use and conservation of natural resources, as well as equality of rights between generations, there are concerns that PT. Freeport Indonesia has not fully fulfilled these principles. The Rio Declaration on Environment and Development 1992 is an international agreement that emphasizes the importance of environmental protection and sustainable development. The declaration includes 27 principles that aim to promote sustainable development and protect the environment.

Environmental Impacts of PT. Freeport Indonesia

The environmental impacts resulting from exploitation activities of PT. Freeport Indonesia are very significant. Waste waste produced is often invisible, but has a long-term impact that damages the ecosystem, including damage to forests, rivers, and wetlands which are productive areas. This shows that the company has not been fully committed to environmental preservation mandated in the Rio Declaration. The company's activities have also affected the local community, including the displacement of indigenous people and the destruction of their traditional lands.

The Need for Re-examination of Mining Practices

By looking at this condition, an urgent need to re-examine mining practices carried out by PT. Freeport Indonesia. More stringent regulation enforcement is needed and the application of sustainable principles in every aspect of mining activities. These steps are not only important to protect the environment, but also to ensure that Indonesia's natural resources can be utilized responsibly for the welfare of future generations. Through a more harmonious approach between mining and environmental protection, we can encourage sustainable and equitable economic growth.

Conclusion

In conclusion, the contract of work of PT. Freeport Indonesia is an agreement between the Indonesian government and foreign private companies, or joint ventures with national companies. The object of this agreement is mineral exploitation. However, the environmental impacts resulting from exploitation activities of PT. Freeport Indonesia are very significant, and the company has not been fully committed to environmental preservation mandated in the Rio Declaration. Therefore, an urgent need to re-examine mining practices carried out by PT. Freeport Indonesia, and more stringent regulation enforcement is needed and the application of sustainable principles in every aspect of mining activities.

Recommendations

Based on the findings of this study, the following recommendations are made:

  1. The Indonesian government should re-examine the contract of work of PT. Freeport Indonesia and ensure that it is in accordance with applicable regulations, both at the international and national level.
  2. The company should be required to implement sustainable principles in every aspect of mining activities, including the use of environmentally friendly technologies and the protection of the local community.
  3. The government should also establish a more stringent regulatory framework to ensure that mining companies, including PT. Freeport Indonesia, comply with environmental and social standards.
  4. The company should also be required to provide compensation to the local community for the damage caused by its activities.

Limitations of the Study

This study has several limitations, including:

  1. The study is based on a review of existing literature and does not include primary data collection.
  2. The study focuses on the contract of work of PT. Freeport Indonesia and does not examine other mining companies in Indonesia.
  3. The study does not provide a detailed analysis of the economic impacts of PT. Freeport Indonesia's activities.

Future Research Directions

Future research should focus on the following areas:

  1. A detailed analysis of the economic impacts of PT. Freeport Indonesia's activities.
  2. An examination of the contract of work of other mining companies in Indonesia.
  3. A study of the implementation of sustainable principles in mining activities in Indonesia.

Conclusion

In conclusion, the contract of work of PT. Freeport Indonesia is an agreement between the Indonesian government and foreign private companies, or joint ventures with national companies. The object of this agreement is mineral exploitation. However, the environmental impacts resulting from exploitation activities of PT. Freeport Indonesia are very significant, and the company has not been fully committed to environmental preservation mandated in the Rio Declaration. Therefore, an urgent need to re-examine mining practices carried out by PT. Freeport Indonesia, and more stringent regulation enforcement is needed and the application of sustainable principles in every aspect of mining activities.

Q: What is the contract of work of PT. Freeport Indonesia?

A: The contract of work of PT. Freeport Indonesia is an agreement between the Indonesian government and foreign private companies, or joint ventures with national companies. The object of this agreement is mineral exploitation.

Q: What are the environmental impacts of PT. Freeport Indonesia's activities?

A: The environmental impacts resulting from exploitation activities of PT. Freeport Indonesia are very significant, including waste waste produced that is often invisible but has a long-term impact that damages the ecosystem, including damage to forests, rivers, and wetlands which are productive areas.

Q: What are the concerns about PT. Freeport Indonesia's compliance with the Rio Declaration?

A: The Rio Declaration on Environment and Development 1992 is an international agreement that emphasizes the importance of environmental protection and sustainable development. The declaration includes 27 principles that aim to promote sustainable development and protect the environment. PT. Freeport Indonesia has not fully fulfilled these principles, particularly in terms of environmental protection and sustainable development.

Q: What are the recommendations for PT. Freeport Indonesia to improve its environmental and social performance?

A: The following recommendations are made:

  1. The company should be required to implement sustainable principles in every aspect of mining activities, including the use of environmentally friendly technologies and the protection of the local community.
  2. The government should also establish a more stringent regulatory framework to ensure that mining companies, including PT. Freeport Indonesia, comply with environmental and social standards.
  3. The company should also be required to provide compensation to the local community for the damage caused by its activities.

Q: What are the limitations of this study?

A: This study has several limitations, including:

  1. The study is based on a review of existing literature and does not include primary data collection.
  2. The study focuses on the contract of work of PT. Freeport Indonesia and does not examine other mining companies in Indonesia.
  3. The study does not provide a detailed analysis of the economic impacts of PT. Freeport Indonesia's activities.

Q: What are the future research directions?

A: Future research should focus on the following areas:

  1. A detailed analysis of the economic impacts of PT. Freeport Indonesia's activities.
  2. An examination of the contract of work of other mining companies in Indonesia.
  3. A study of the implementation of sustainable principles in mining activities in Indonesia.

Q: What are the implications of this study for policy and practice?

A: This study has implications for policy and practice in several areas:

  1. The study highlights the need for more stringent regulation enforcement to ensure that mining companies, including PT. Freeport Indonesia, comply with environmental and social standards.
  2. The study also emphasizes the importance of implementing sustainable principles in every aspect of mining activities, including the use of environmentally friendly technologies and the protection of the local community.
  3. The study suggests that the government should establish a more stringent regulatory framework to ensure that mining companies, including PT. Freeport Indonesia, comply with environmental and social standards.

Q: What are the next steps for PT. Freeport Indonesia to improve its environmental and social performance?

A: The next steps for PT. Freeport Indonesia to improve its environmental and social performance include:

  1. Implementing sustainable principles in every aspect of mining activities, including the use of environmentally friendly technologies and the protection of the local community.
  2. Providing compensation to the local community for the damage caused by its activities.
  3. Complying with environmental and social standards, including those set by the government and international organizations.

Q: What are the benefits of implementing sustainable principles in mining activities?

A: The benefits of implementing sustainable principles in mining activities include:

  1. Protecting the environment and conserving natural resources.
  2. Promoting sustainable development and economic growth.
  3. Improving the social and economic well-being of local communities.
  4. Enhancing the company's reputation and brand image.

Q: What are the challenges of implementing sustainable principles in mining activities?

A: The challenges of implementing sustainable principles in mining activities include:

  1. High costs associated with implementing sustainable technologies and practices.
  2. Limited access to funding and resources.
  3. Resistance from local communities and stakeholders.
  4. Complexity of implementing sustainable principles in mining activities.

Q: What are the future directions for research on sustainable mining practices?

A: Future research on sustainable mining practices should focus on the following areas:

  1. Developing and implementing sustainable technologies and practices in mining activities.
  2. Evaluating the effectiveness of sustainable mining practices in promoting environmental and social benefits.
  3. Identifying and addressing the challenges and barriers to implementing sustainable mining practices.
  4. Developing and implementing policies and regulations to support sustainable mining practices.