Tin Exploration and Protection of Local Varieties as Communal Intellectual Property in the Bangka Belitung Islands

Department of Law, Faculty of Law, Universitas Bangka Belitung, Bangka,

^* Corresponding author: darwance@yahoo.co.id

Abstract

Tin mining activities in the Bangka Belitung Islands have been going on for a long time. A number of literates noted that tin mining in this area had begun in 1709 AD. Tin mining occurs massively when the government opens the tap for tin mining which was originally only allowed to be mined by certain parties, in this context PT. Tin and PT. Kobatin, can be mined by anyone, including the general public. As a result, tin mining became out of control. Tin mines target not only certain areas such as rivers, plantation areas, but also kelekak which contains local plants typical of this region. Kelekak is the name for the typical plantations of the people of this region which contain local plants. On the other hand, Law No. 29 of 2000 concerning the Protection of Plant Varieties, one of which requires the protection of local varieties as part of the conservation of biodiversity. Massive tin mining, especially on land, as well as the free access to tin mining, certainly has an impact on efforts to protect local varieties. This empirical juridical research aims to determine the impact of tin mining on the existence of local varieties, as well as the problems of regulation of protection of local varieties when associated with permits for tin mining. From the results of the study, it was found that regulatoryly, there are parts that do not support each other between the Mineral and Coal Mining Law, Law Number 32 of 2009 concerning Environmental Protection and Management, and the PVP Law that is currently in effect. In addition, tin mining has an impact on efforts to protect local varieties. The land which originally contained local varieties of plants, turned into tin-added land which in turn turned into a kolong (small lake).