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Journal : Yuridika

PENEGAKAN HUKUM LINGKUNGAN DI BIDANG PERTAMBANGAN Franky Butar Butar
Yuridika Vol. 25 No. 2 (2010): Volume 25 Nomor 2 Mei 2010
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (387.798 KB) | DOI: 10.20473/ydk.v25i2.252

Abstract

The mining sector is still the main sector of the state foreign exchange Indonesia has a social dimension of culture, economy and environment. The Act No. 4 of 2009 on Mineral and Coal (Mining Act) provides a new understanding of the concept of a modern mining law after all this time mining regime for more than 42 years in Indonesia are subject to the Act No. 11 of 1967 on Basic Provisions of Mining. The new Mining Law emphasizes the spirit of transparency, partispatif and environmentally sound. Mining Act and UUPPLH are expected can go hand in hand in terms of law enforcement aspects of preventive and repressive in every stages of mining activities have the greatest environmental aspects of exploration and exploitation because the object is on land where mining activities are always so for the environmental effects of pollution and environmental destruction. Mining Act (UU Minerba) and Protection and Environmental Management Act (UUPPLH) are expected to be a wheel mining activities that are not only economically profitable for the society of Indonesia but also environmentally sustainable and support Indonesia DevelopmentKeywords : Environmental Law, Mining Law, Law Enforcement
IZIN PENGANGKATAN BENDA BERHARGA ATAS MUATAN KAPAL TENGGELAM (BMKT) SEBAGAI INSTRUMEN KONSERVASI SUMBER DAYA LAUT DI INDONESIA Lilik Pudjiastuti; Franky Butar-Butar
Yuridika Vol. 25 No. 3 (2010): Volume 25 Nomor 3 September 2010
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (588.038 KB) | DOI: 10.20473/ydk.v25i3.254

Abstract

The writing is aimed to know the management of marine resources related to the business of making objects of cargo ship sank in Indonesian waters. This is related to obligatory countries in meeting the public’s right to good environment as stated in Article 28 H of the Indonesia Constitution of 1945. In fact this is now the object decision activity on cargo ship sank materials often done by a person or a foreign business entity that tried to search for treasure in Indonesia, this will be detrimental to objects of cultural heritage in Indonesia and can make damage or environmental pollution. Thus the need for government facilities that can control these activities, one means that governments use to control is through the permit retrieval objects loads up sink ships. The principle that should be applied in making the management of the objects sinking ship include: (i) legislation to permit, (ii) the issuance of permits, (iii) to permit law enforcement, and (iv) the responsibilities of government (publisher permission). Research and writing of this normative approach that starts from the legislation on marine resource management and licensing in the starter making objects cargo ship sank and regional governance. The results of this study will describe the relationship between objects permits retrieval of cargo ship sunk as a means to control the objects that fall into objects of cultural heritage and effort to of control pollution of the in marine environment in Indonesia.