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150 J.L. Pol'y & Globalization 1 (2026)

handle is hein.journals/jawpglob150 and id is 1 raw text is: Journal of Law, Policy and Globalization wwwliste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.150, 2026 lisTi Legal Aspects of The Procedures for the Use of Forest Areas for Mining Activities Muh. Jufri Dewal* Nur Nashriany Jufri2 1. Faculty of Law, Halu Oleo University, Kendari, Southeast Sulawesi, Indonesia, PO box 93232, Kendari, Southeast Sulawesi, Indonesia 2. Faculty of Law, Muhammadiyah University KH. Ahmad Dahlan Street No. 10, Kendari 93117, Southeast Sulawesi, Indonesia * E-mail of the corresponding author: muh.jufridewa@yahoo.com Abstract The use of forest areas for mining purposes is carried out through the granting of Forest Area Use Permits (PPKH) by the Minister (Menlhk), taking into account restrictions on area and duration as well as environmental sustainability. The use of forest areas for mining activities is carried out: In production forest areas with open-pit mining and underground mining; while in protected forest areas, only underground mining is permitted, with the stipulation that it must not result in subsidence, permanent changes to the primary function of the forest area, and damage to groundwater aquifers. Keywords: Legal Aspects, Forest Areas, Mining DOI: 10.7176/JLPG/150-01 Publication date: January 28t* 2026 1. Introduction Mining activities in forest areas (production and protection), in addition to complying with the provisions of Article 38 of Law Number 41 of 1999, and the provisions of Article 46 of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining, IUP holders must meet the following requirements before conducting production operations: administrative, technical, environmental (life), and financial, they must also have a PPKH from the Ministry of Environment and Forestry. The PPKH regulations were stipulated initially in the Minister of Forestry Regulation No. P.18/Menhut-II/2011 concerning Guidelines for Forest Area Borrowing, then underwent several changes, then regulated in Regulation of the Minister of Environment and Forestry of the Republic of Indonesia Number P.7/MENLHK/SETJEN/KUM.1.2/2019 concerning Amendments to Regulation of the Minister of Environment and Forestry Number P.27/MENLHK/SETJEN/KUM.1/7/2018 concerning Guidelines for Forest Area Borrowing; then revoked by Regulation of the Minister of Environment and Forestry Number 7 of 2021 concerning Forestry Planning, Changes in Forest Area Designation and Changes in Forest Area Function, as well as Forest Area Use; using the term Forest Area Use Approval (PPKH). The use of forest areas for mining purposes is carried out through the granting of Forest Area Use Permits (PPKH) by the Minister, taking into account restrictions on area and duration as well as environmental sustainability (Republic of Indonesia, 1999). The use of forest areas for mining activities is carried out under the following conditions: 1. In production forest areas, the following may be carried out: a. open-pit mining; b underground mining; and 2. In protected forest areas, only underground mining is permitted, provided that it does not result in: a. subsidence of the ground surface; b. permanent change in the primary function of the forest area; and c. damage to groundwater aquifers (Government of the Republic of Indonesia, 2010). The impact of mining activities in protected forest areas is greater than the damage to production forests. The rate of damage to protected forests from 1997 to 2002 was 10% per year, while that of production forests was 5% per year (Adiwinata, Murniati and Rumboko, 2007). The same source also states that the total protected forest area is 20.7 million hectares, with a damage rate of 4 million hectares. Illegal logging and land conversion are the leading causes of damage (Ramadhany, 2023). The losses caused by the destruction of protected forests are very high, not only economically but also ecologically and socially. The results of research conducted by (Purwatiningsih, 2022), several economists have 1