LOCAL GOVERNMENT’SROLE AND POLICY ON ILLEGAL MINING (Case Study of Gold Mining in Banyumas Indonesia)

ABSTRACT: Most of mining in Banyumas is traditional and illegal. Nevertheless, they continue to conductmining activities even though the government actually forbids them. The existence of illegal mining becomes aform of vertical conflict between the people and local government. These conditions make the local governmenthas a dilemma that is in an ambiguous position between prohibiting and controlling them. Prohibited indeedshould be because of illegal, controlled because the reality of the people remains determined not to stop. Theexistence of mining, on the one hand, can provide the welfare of the people but on the other hand, it is very riskyfor both the miners and the environment. Finally, following the enactment of Law No. 23 of 2014 on localgovernment, effectively since October 2016, it became clear the role and the policy of the local government.Before October 2, 2016, the Local Government had authority to prohibit and control mining activities. After thenew law, the local government no longer has authority over mining activities in the area replaced by theprovincial government.The reality is that mining is not becoming more organized, but rather is becoming lesscontrolled, and tends to be increasing wildly. A concrete example is illegal gold mining in Banyumas whichcontinues to run with all the negative impacts following it.

Keywords: local government, role and policy, mining, illegal.