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Daud Silalahi
Daud Silalahi & Lawencon Associates
Law, Crime, Criminology & Criminal Justice Social Sciences

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Perizinan dalam Kegiatan Pertambangan di Indonesia Pasca Undang-Undang Minerba No. 4 Tahun 2009 Silalahi, Daud; H., Kristianto P.
LAW REVIEW Vol 11, No 1 (2011)
Publisher : Pelita Harapan University

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Abstract

On 2009, Government of Indonesia has enacted new mining law No. 4 Year 2009. The Indonesian New Mining Law is the revision of the previous law which was considered not longer suitable with the mandate of Article 33 (3) of Indonesian Constitution. The New Indonesian Mining Law, ends the contract of works regime in mining activities in Indonesia. The New Indonesian Mining Law give stronger position for Government of Indonesia in mining activities toward Permits regime as the replacement of contract of works regime to permit regime. However, in establish mining activities in Indonesia required many related permits such as, environmental permit and land use permit, besides mining permit itself. In the practice, some mining activities has obtained permit from mining official but they cannot proceed they activities because, other governmental official did not grant the related permit. Moreover, regional autonomy as regulated by Law No. 32 Year 2004 has also raised potential conflict relating to the establishment of mining activities di Indonesia, especially in dealing with regional ego to increase their income. Therefore, the permits system which relating to mining activities need to be examine to understand the legal issues.
Peranan dan Kedudukan Hukum Lingkungan Internasional Dewasa Ini Silalahi, Daud
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Since the Stockholm Declaraton of 1972, the principles of environmental legal principles fundamentally changed the formulation of new international environmental law. The formuation of environmental legal provision was significantly influenced by a scientific approach, such as ecological and environmental concepts. The role of international environmental law is increasingly greater on the ecological approach rather than on the general principles of international law. The structure of international environmental law is also changed related to, among others, state responsibility, states rights and obligations, and the rising of the eco-rights and the animal rights that fundamentally changed the customary international law approach into new progressive development of international environmental law. Through ratification, the national environmental law has been significantly improved, and there is a growing recognition of the integrated system of national environmental law and international environmental law.
Co-Authors Kristianto P. H., Kristianto P.