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All Journal Syntax Literate: Jurnal Ilmiah Indonesia Pena Justisia: Media Komunikasi dan Kajian Hukum
Zulkarnain Zulkarnain
Fakultas Hukum Universitas Tadulako
Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Konflik Hukum di Sektor Pertambangan: Perspektif Pengelolaan Sumber Daya Alam yang Berkelanjutan Zulkarnain Zulkarnain
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v8i11.13967

Abstract

Sustainable management of natural resources is one of the major challenges faced by Indonesia, one sector that is often a source of conflict is the mining sector. The purpose of this study is to analyze the factors that cause legal conflicts in the mining sector in Indonesia and examine the implications of legal conflicts for sustainable natural resource management. This research uses qualitative research methods. Data collection techniques in this research using literature studies. The data that has been collected is then analyzed using three stages, namely data reduction, data presentation and conclusion drawing. The results showed that legal conflicts in the mining sector in Indonesia were caused by several factors, including unfair profit sharing, environmental damage, and violations of community rights. Legal conflicts in the mining sector have negative implications for sustainable natural resource management. Legal conflicts can hamper investment, reduce productivity, and damage the environment.
THE LEGAL CERTAINTY OF COMMUNITY PARTICIPATION RELATED TO MINING ACTIVITIES Muhammad Hatta Roma Tampubolon; Sitti Fatimah Maddusila; Zulkarnain Zulkarnain; Suardi Dg. Mallawa
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4465

Abstract

Indonesia is rich in mining resources, which constitute one of the crucial sectors for national development. However, mining activities are not without controversy, particularly regarding community participation in decision-making processes and implementation. Despite existing laws guaranteeing the community's right to participate, their implementation still faces obstacles such as legal uncertainties concerning the mechanisms and procedures for participation, which have not been clearly and comprehensively regulated. The purpose of this research is to examine the legal certainty regarding community participation in mining activities in Indonesia and to identify the problems and challenges faced in its implementation. This study employs normative legal research methods with a legislative and conceptual approach. Data collection techniques are conducted through literature studies, analyzed qualitatively with content analysis, and presented descriptively and analytically. The research findings reveal that legal certainty regarding community participation in mining activities in Indonesia is currently regulated by laws such as the Mineral and Coal Mining Law (UU Minerba) and Government Regulation No. 51/2014, which guarantee the community's right to participate. However, these regulations do not clearly define the mechanisms and procedures, leading to legal uncertainty. The main problems and challenges in implementation include unclear mechanisms and procedures for participation, lack of socialization and transparency of information, low community capacity, weak law enforcement and supervision, and potential conflicts of interest that can hinder effective and sustainable community participation in mining activities.
Co-Authors Fattimah Maddusila M. Hatta Roma Tampubolon Suardi Dg. Mallawa