Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Smart: Journal of Sharia, Tradition, and Modernity
Muchammad Husein Rifai
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Judicial Reasoning in the Sentencing of the Maba Sangaji Indigenous Community for Obstruction of Mineral and Coal Mining Activities: A Study of Decision Number 108/Pid.Sus/2025/Sos Muchammad Husein Rifai
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 2 December (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v5i2.31792

Abstract

Mining conflicts often place indigenous communities in a vulnerable position when objections to ecological degradation are criminalized as obstruction of lawful business activities. This article examines the judicial reasoning in Decision Number 108/Pid.Sus/2025/Sos, evaluates its consistency with Anti-SLAPP principles, indigenous peoples’ rights, and the right to a healthy environment, and formulates a more appropriate model of legal protection. This study applies normative-prescriptive legal research using statutory and case approaches. The data consist of primary legal materials, including mining, environmental, constitutional, and judicial instruments, PERMA Number 1 of 2023, Constitutional Court Decision Number 119/PUU-XXIII/2025, and secondary materials on mining governance, indigenous communities, environmental defenders, and ecological justice. The findings reveal that the court’s reasoning remained formalistic by emphasizing the interruption of PT Position’s operations, while insufficiently assessing ecological context, customary land, Sangaji River pollution, and public participation. The article recommends a judicial policy requiring Anti-SLAPP assessment in mining cases involving indigenous communities.
Co-Authors