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All Journal Journal La Sociale Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
V Zahry, Sarkowi
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Impact of Centralization on the Enactment of Law Number 4 of 2009 concerning Mineral and Coal Mining on the Development of Regional Autonomy V Zahry, Sarkowi
Journal La Sociale Vol. 4 No. 4 (2023): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v4i4.1625

Abstract

The condition of illegal coal mines has been going on for a long time in East Kalimantan Province at the same time when mining business permits (IUP) from district and city governments have been issued since the 2000s, as well as several small islands where there are explicit illegal mines. This unlicensed coal mining was originally carried out by traditional miners, but it has evolved due to factors such as poverty, lack of employment, and lack of opportunities. Based on the description above, it is to find out the centralization arrangement of the enactment of Law Number 4 of 2009 concerning Mineral and Coal Mining on the development of regional autonomy. This study uses an empirical juridical (sociological) approach which is research to describe and analyze existing problems and is included in the type of library research that will be presented descriptively. In the process of making policies, it is important for communities to participate and fulfill their aspirations so that the use of natural resources can improve the mineral and coal mining sector and improve the welfare of the community. Then, the government should consider strategic and potential matters, especially those related to the environment. One consequence of the centralization of mining is that local governments no longer have the authority to control mineral and coal mining. In addition, local governments face distortions of oversight of mining management and declining regional revenues.
URGENSI REKONSTRUKSI SANKSI PIDANA TERHADAP KORPORASI DALAM SEKTOR PERTAMBANGAN MINERAL DAN BATUBARA DI KOTA SAMARINDA V Zahry, Sarkowi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.718

Abstract

This research aims to analyze the effectiveness of the enforcement of criminal sanctions against corporations in the coal mining sector in Samarinda City. Mining activities managed by corporations, whether private or regional, have been proven to cause serious environmental and social impacts, ranging from ecosystem destruction to an increased risk to community safety. However, the provisions in Law Number 4 of 2009 have not provided a clear operational basis regarding corporate criminal liability. This study uses a juridical-empirical approach by combining normative studies and field data through interviews and literature review. The results show that the enforcement of criminal law against corporations in Samarinda generally only focuses on administrative sanctions, thus failing to create a deterrent effect. The main obstacles include weak regulations, weak institutional coordination, economic-political considerations, and limited capacity of law enforcement officials. Based on these findings, this study recommends the need for a reconstruction of criminal sanctions that are stricter, more comprehensive, and oriented towards ecological justice to strengthen corporate accountability and provide optimal protection for society and the environment.
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