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All Journal Sociological Jurisprudence Journal Nurani Hukum : Jurnal Ilmu Hukum
Wahyu Nugroho
Faculty of Law, Sahid University, Jakarta
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Authority of Revocation of Mining Business Permits in the Perspective of Administrative Law Towards Good and Environmentally Friendly Mining Governance Wahyu Nugroho; Liza Marina; Dessy Sunarsi
Nurani Hukum Vol. 5 No. 1 June 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v5i1.14794

Abstract

The President's authority to revoke thousands of mineral and coal Mining Business Permits (IUPs) is part of the efforts of a Good & Environmentally Friendly Mining Governance system. In the management of natural resources, aspects of environmental sustainability are needed. The research method used is normative juridical, with qualitative data analysis techniques. The results of this study are: first, the mechanism for revocation of IUP through a comprehensive evaluation from planning to post-mining activities, based on administrative, technical, environmental, and financial evaluations. The criteria for IUPs to be revoked are IUPs that do not submit Work Plan and Cost Budget reports, IUPs that are not operating, and IUPs that do not carry out post-mining reclamation obligations, and do not carry out environmental management. Second, the revocation of an IUP has three implications, namely juridical implications, namely policies for regulating and improving the mining governance system. The sociological implications are getting the social carrying capacity of the community and access to natural resource management rights. Finally, the implications of environmental insight, as a global commitment to implementing sustainable development principles, are integrated into the mining business activity licensing system.
The Problem of Legal Protection for Human Rights Activists Sulistyowati; Wahyu Nugroho; Umar Ma’ruf
Sociological Jurisprudence Journal Vol. 6 No. 1 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.1.2023.56-62

Abstract

The Constitution of the Republic of Indonesia of 1945, both in the preamble and torso, has clearly stated the protection of human rights, including human rights activists. This study aims to describe and examine the concept of the 1945 Constitution of the Republic of Indonesia as the Indonesian constitution, which mandates the state to protect human rights activists. The research method used is normative research with a qualitative analysis approach, with data collection carried out through literature studies. The results show that respect, protection, and guarantee of human rights are characteristics of the Indonesian legal state, especially after the amendment. However, because in more detail, the legal protection of human rights activists is only in the National Commission on Human Rights Regulations, not in a law or government regulations, the protection is still weak. Therefore, it cannot fulfill the rights and protect human rights activists as mandated in Article 27 paragraph (1), Article 28 paragraph (1), Article 28I paragraph (1), Article 28J paragraph (1), and article. 28J paragraph (4) of the Constitution of the Republic of Indonesia of 1945.
Co-Authors Dessy Sunarsi Liza Marina Sulistyowati Umar Ma’ruf