Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Cognitionis Civitatis et Politicae
Riyadi, Panji
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Religion Arts Humanities Economics, Econometrics & Finance Social Sciences

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Legal Certainty Special Mining Business License (Study: IUPK as a Continuation of Contract of Work and Work Agreement for Coal Mining Exploitation in the Minerba Law) Riyadi, Panji
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.2727

Abstract

After the promulgation of Law Number 3 of 2020 many people highlighted the addition of Article  169A which explains the guarantee of extension through special mining business license (IUPK) for holders of the contract of work (KK) and work agreement for coal mining exploitation (PKP2B) which will expire. However on the other hand this Article also creates unrest for KK and PKP2B holders because the granting of extensions through the IUPK is not automatically granted but with considerations that have been explained in the law. The formulation of the problem raised in this study is about the legal certainty of granting IUPK and legal protection for KK and PKP2B holders if the application for extension through IUPK is rejected by the Ministry of Energy and Mineral Resources. This study uses a normative juridical research method namely through a literature study with a statutory approach. The results indicate that there was no legal certainty from the IUPK as a Continuation of Contract/Agreement Operations and no legal protection for  KK  and  PKP2B  holders if the extension through IUPK is rejected by the relevant Minister. The provisions regarding  these  rules  in  the  current  Minerba  Law  must  be  explained  more  clearly  in  the  Government  Regulation  regarding  Minerba  in  order  to  provide  legal  certainty  and  protection  for  mining  business actors.  
Effectiveness on the Environment Based on Government Regulation Number 26 of 2023 concerning Management of Sedimentation Results in the Sea Riyadi, Panji; Fakrulloh, Zudan Arief
Cognitionis Civitatis et Politicae Vol. 1 No. 6 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i6.1821

Abstract

Marine sedimentation exploitation, regulated in Government Regulation No. 26 of 2023, aims to manage marine sedimentation results, including using sea sand for various economic interests. However, although this regulation aims to maintain the balance of the aquatic ecosystem, its implementation actually poses significant risks to the sustainability of coastal ecosystems, including the potential for small islands to sink. This study examines the impacts of marine sand exploitation on the environment, coastal communities, and the economic sector and evaluates the effectiveness of supervision and administrative sanctions in the regulation. The results of the study indicate that although this regulation includes various obligations for business actors, weak supervision and the lack of effective mitigation measures have the potential to worsen ecological, social, and economic impacts. Therefore, this study recommends a revision of the regulation that pays more attention to ecosystem sustainability and the involvement of coastal communities in decision-making related to marine resource management.
Co-Authors Fakrulloh, Zudan Arief