Sustainable Environmental Management and Preservation in Old Well Oil and Gas Traditional Mining Sites Indonesia: Whose Responsibility?

Abstract

Objective: Environmental pollution and destruction at traditional oil and gas mining sites with old wells in Indonesia is truly worrying, and poses a serious threat to present and future generation safety. Sustainable management and conservation is no longer an option, but must be an inevitability and cannot be postponed any longer.   Methods: This research uses a dogmatic legal research method (juridical normative) which was supported by field research, and in-depth interviews with parties who are directly involved, and understand the problems in the Pertamina EP Asset IV Field Cepu Working Area, Bojonegoro Regency, East Java, which is quite representative of all mining problems traditional old well oil and gas in Indonesia.   Results: Pertamina EP, Perum Perhutani, Bojonegoro Regency, and East Java Province, each as territory owner, feel that they have no authority and no responsibility (evade) to issue policies (beleid), carry out management (bestuursdaad), regulations (regelendaad), management (beheersdaad), supervision (toezichthoudensdaad), and enforcing the law, so that there is an impression of negligence which results in increasingly severe environmental pollution and destruction. Based on the facts, it turns out that each institution has obtained quite large benefits, and advantages, based on applicable laws, and regulations, each also has opportunity (rights, and obligations) to save the environment.  However, due to the strong sectoral egoism in each institution, environmental pollution, and damage problem was neglected.   Conclusion: This research is to find a solution, namely a cooperation agreement (MoU) to carry out rescue work. The research results show that the best solution is that each institution must realize that they have the same obligations and responsibilities, join hands, close ranks and put aside sectoral egoism to overcome environmental damage at old wells oil and gas mining sites without getting worse.