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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum UNTAG Law Review
HOIRUDDIN HASIBUAN
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice

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PRINCIPLE OF BALANCING REGULATION OF MINERAL MINING BUSINESS LICENSES FOR SUSTAINABILITY OF ENVIRONMENT HOIRUDDIN HASIBUAN
UNTAG Law Review Vol 3, No 2 (2019): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (140.027 KB) | DOI: 10.36356/ulrev.v3i2.1334

Abstract

The principle of balance in the regulation of mineral and coal mining business permits is very important because it relates to environmental sustainability and the provisions of the legislation. The principle of balance as the implementation of the principle of good faith, the principle of honest transactions and the principle of justice will provide maximum benefits to humanity, people's well-being and personal development of citizens, the preservation of the nation's noble cultural values ? ? and environmental sustainability that is sustainable. This is important to maintain the balance of state rights in the control and management of natural resources and as a bridge between legal norms of good business principles. Mineral and stone mining business activitiesember must be based on the principle of good environmental management and control. The problem in this paper is how the urgency of the principle of balance in the issuance of mineral and coal mining business licenses based on environmental sustainability. This research is a type of research article using juridical analysis methods. The results showed that the application of the principle of balance must be present to maintain the continuity of natural support with the human needs whose arrangements are included in the law.
Cosmological Rights Protection Model of The Polahi Indigenous Communities of Gorontalo Based on Pancasila and The State Law of The Republic of Indonesia Of 1945 Tijow, Lusiana Margareth; Delfina , Dinda; Hoiruddin Hasibuan; Sedera, Rakotoarisoa Maminiaina Heritiana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 2 (2026): Vol. 25 No. 2 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i2.7235

Abstract

Research on the model for protecting the cosmological rights of the Gorontalo Polahi indigenous community based on Pancasila and the 1945 Constitution is a form of concrete implementation which shows that the State and the Polahi indigenous community have a very close relationship and cannot be separated. Where customary law communities are an absolute requirement for the existence of a state so that the state must recognize and respect traditional law communities in accordance with the goals of the state. The method used is normative legal research with a statutory approach and assisted with legal materials such as observations and interviews which are then analyzed to achieve clarity on the issues discussed and the results are presented prescriptively. The model for protecting the cosmological rights of the Polahi indigenous community based on Pancasila and the 1945 Constitution is to provide regulations in the regional regulations of Gorontalo province, so that these regulations are legally constitutional and must be implemented concretely by the state in order to provide optimal legal protection. Having regulations in provincial regional regulations means providing recognition and respect for fulfilling their cosmological customary rights.For this reason, the state and regional government of Gorontalo province in their regulations must recognize and respect the existence of the Polahi indigenous community to exercise their cosmological rights (rights to land, territory, culture and natural resources) which must be protected in order to achieve prosperity and prosperity.survival of the group so that it does not pose a threat to national security stability. With the existence of regulations in the form of regional regulations as a model of protection for the existence of the Polahi indigenous community, it will encourage this group to make various efforts to continue their life. Because customary law itself was born from the needs of the Indonesian people's habits. So customary law itself can be able to answer all the legal problems faced by the people in their daily lives in a particular area while maintaining the cosmological rights of the customary law community itself.
Co-Authors Delfina , Dinda Lusiana Margareth Tijow Sedera, Rakotoarisoa Maminiaina Heritiana