Eka Putra Adriansah
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Protection of Coastal Areas and Small Islands in Indonesia: A Study of Constitutional Court Decision No. 35/PUU-XXI/2023 Darrel Benhanan Devano Sibarani; Azhar Zidan Permana; Wilson Wibowo; Eka Putra Adriansah
Tarumanagara Law Review Vol. 6 No. I (2024): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v6iI.38960

Abstract

Coastal areas and small islands are strategic zones with high ecological and economic potential, yet they are vulnerable to natural resource exploitation pressures, particularly mineral mining. This study aims to analyze the legal framework for the protection and utilization of coastal areas and small islands in Indonesia, and to examine the legal implications of mineral mining on small islands for environmental sustainability and the rights of local communities prior to Constitutional Court Decision No. 35/PUU-XXI/2023. The research method employed is normative juridical with statute, conceptual, and case approaches. The results show that the legal framework for coastal area and small island protection is firmly established in Law No. 27 of 2007 in conjunction with Law No. 1 of 2014 on Coastal and Small Island Management (PWP3K Law), which prohibits mineral mining in areas that could cause environmental damage. However, prior to Constitutional Court Decision No. 35/PUU-XXI/2023, there were normative conflicts between UU PWP3K and the Minerba Law, along with various mining permit violations that seriously impacted the environment and local communities' rights, as evidenced in the case of PT Gema Kreasi Perdana on Wawonii Island, Southeast Sulawesi. The Constitutional Court's decision reaffirms the prohibition of mining on small islands as an abnormally dangerous activity and strengthens constitutional protection for the environment and coastal communities.