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Legal Obligations of Mining Companies in the Implementation of CSR Based on Laws And Regulations Herman, KMS; Badrunsyah, Badrunsyah
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 10 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i10.1211

Abstract

The mining sector plays a crucial role in Indonesia's economy by significantly contributing to national income and employment. However, mining operations can also result in adverse environmental and social impacts. This study aims to examine the legal responsibilities of mining companies in implementing Corporate Social Responsibility (CSR) as stipulated by statutory regulations. PT Bengalon Limestone serves as the case study for this research. Utilizing qualitative research methods with a normative and empirical legal study approach, the data collection method employed is a literature review. Collected data are analyzed through three stages: data reduction, data presentation, and drawing conclusions. The results show that PT Bengalon Limestone has a legal obligation to implement Corporate Social Responsibility (CSR) through several concrete steps. First, the company must carry out the Community Development and Empowerment Program (PPm). In implementing this PPM, PT Bengalon Limestone refers to the Decree of the Minister of Energy and Mineral Resources No. 1824/2018 which includes eight main programs. Furthermore, PT Bengalon Limestone is required to build and maintain public facilities and infrastructure, including road infrastructure which is an important access for the community's economy, and contribute to improving the quality of education and public health. Corporate social and environmental responsibility must be carried out in accordance with applicable legal provisions, including Law No. 25 of 2007, Law No. 40 of 2007, Law No. 4 of 2009, and Government Regulation No. 23 of 2010.
Vertical Land Consolidation For Handling Urban Housing And Slum Settlement Arrangements Nurmawati, Bernadete; Herman, KMS; Iryani, Dewi; Darmawansyah, Adi; Butarbutar, Russel
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3233

Abstract

The proliferation of slums in cities with limited land availability calls for regulation on how best to utilize and control Land and initiatives to streamline and improve land use in metropolitan areas through land consolidation. Therefore, the government can use land consolidation to ensure the quality of the urban environment and the social functions of Land. Land consolidation itself is mainly carried out on city properties due to the high concentration of people and lack of planning that characterizes many urban environments. In urban slum programs, vertical land consolidation is an alternative land supply to reorganize slums. By reorganizing who owns what, where it can be used, and how it can be used, land consolidation is carried out to enhance natural resource conservation and improve environmental quality through community involvement and public use of previously privately owned Land. Community participation is a major part of the framework for improving the quality and quantity of land functions. Vertical land consolidation can serve as a useful solution to urban problems such as housing affordability and density. By consolidating Land vertically, more housing units can be built in a smaller area, providing more affordable housing options for residents. In addition, vertical land consolidation helps reduce urban sprawl and results in more sustainable and livable cities. This paper uses normative legal research techniques, including research into applying positive law and legal principles or norms.
Regulation of Area and Abandoned Land in Indonesia Herman, KMS
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i1.3519

Abstract

The existence of no-man's land is still a thorny issue, and the resolution process seems delayed. Even though the 1945 Constitution (UUD 1945) as the UUD and LEGAL No. 5 of 1960 mentions the Agrarian Rights LAW (UUPA) as its articles, don't let land production stop in Indonesia. Management of Territorial Areas and No-Man's Land, according to the law it is used to protect land and areas that may not be owned (PP No. 20 of 2021). The goal of this study is to single out the regulation of no-man's land in law and land management and to discuss the process of determining which land is now officially a no-man's land according to Government Law 20 of 2021, which regulates the administration of permits. Territory and land. This research is legal research that uses legal documents by using the law and its context. The source of legal information for this research is from legal documents, namely PP Number 20 of 2021, supported by secondary sources, namely legal books and newspapers that are relevant to this research. The research results found that Federal Law No. 20 of 2021 that Unclaimed Land is privately owned land, land with Administrative Law, and land acquired by the Ministry of Land, which is intentionally left uncultivated, unused, and/or not maintained. The country is deliberately not used in accordance with its nature or status; if the land is not used for permit purposes; The country is not good.
Land Acquisition Of Former Building Use Rights (HGB) For The Construction Of Permanent Housing After The Earthquake In Tondo-2 Area, Hammer Setiawan, Puguh Aji Hari; Nurmawati, Bernadete; Herman, KMS; Sinamo, Nomensen
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

About 50,000 people were displaced by a 7.4 magnitude earthquake, tsunami, and liquefaction 10 km north of Palu City, Central Sulawesi Province, on September 28, 2018. The tragedy damaged many civic, social, and critical infrastructure in Palu City and nearby regions. The national government, Sulawesi provincial administration, and Palu city government are developing a relocation plan for earthquake, tsunami, and liquefaction-affected residents. This strategy will restore and rehabilitate sites like Palu City's Tondo-2 Area. To move affected residents to a safe area quickly after a disaster, land acquisition must be accelerated. This research aims to determine how the earthquake influenced the acquisition of ex-HGB land for Huntap's development in the Tondo-2 Area, Palu, and how such land acquisition was affected by the earthquake. Normative legal research is used. This study used a wide range of relevant books and scholarly papers. The Governor's development block authorized Huntap's construction in Tondo-2, as stated in Governor Decree No. 369/516/DIS-BMPR G.ST/2018, which determines the location (penlok) of land for permanent residential sites for disaster-affected communities in Central Sulawesi Province. The release or transfer of HGB from PT Sinar Putra Murni and PT Sinar Waluyo gave this 65.3-hectare state land its status. The community claims to own the land, and PT Sinar Putra Murni and PT Sinar Waluyo want compensation, which could lead to a lawsuit. Since the two firms no longer own the land, their legal chances are slim. If the firm continues to sue over land acquisition, Huntap can still be built under Law Number 2 of 2012 on Land Acquisition for Development for the Public Interest
Legal Protection on Pharmaceutical Product Patents by the Government on Covid-19’S Remdevisir and Favipiravir Nurmawati, Bernadete; Iryani, Dewi; Setiawan, Puguh Aji Hari; Herman, KMS
Interdisciplinary Social Studies Vol. 2 No. 2 (2022): Regular Issue
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v2i2.338

Abstract

Background: The implementation of patents by the Government for pharmaceutical products can be carried out in terms of very urgent needs for the benefit of the community, such as medicines that are still protected by patents to overcome Coronavirus Disease 2019 (Covid-19) in Indonesia. Aim: To analyze the implementation of Patents by the Government according to Law Number 13 of 2016 concerning Patents and legal protection for pharmaceutical product patent holders for the Implementation of Patents by the Government against remdevisir drugs and favipiravir. Method: Research method based on normative juridical approach from various legal materials through literature studies. Findings: To overcome the Covid-19 disease in Indonesia, the government needs to establish an access policy for pharmaceutical products as stated in Presidential Regulation Number 100 of 2021 concerning the Implementation of Patents by the Government against Remdesivir Drugs and Presidential Regulation Number 101 of 2021 concerning the Implementation of Patents by the Government against the Favipiravir Drug, on November 10, 2021. Patent holders of Remdevisir and Favipiravir medicinal pharmaceutical products are entitled to legal protection for the exercise of exclusive rights and payment of compensation during the Implementation of Patents by the Government in the amount of 1% of the net selling value of Remdesivir and Favipiravir drugs.