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All Journal PCD Journal Verdict: Journal of Law Science
Ham, Umirul
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Implementation of the Social Licence to Operate (SLO) Concept in Nickel Mining Governance in Kolaka Regency Ham, Umirul
PCD Journal Vol 13 No 1 (2025): PCD Journal Vol. 13 No. 1 2025
Publisher : PCD Press, Department of Politics and Government - Faculty of Social and Political Sciences, Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/pcd.v13i1.16659

Abstract

This article examines the governance of nickel mining permits in Indonesia, with Kolaka regency as a case study, with a focus on the implementation of the social license to operate (SLO) and the principle of free, prior, and informed consent (FPIC) as an integral component of SLO. The growing global demand for nickel has led to environmental degradation and social challenges. Drawing on document analysis, field observations, and interviews, this study finds that the implementation of SLO in Kolaka has not fully achieved genuine social legitimacy. Companies largely depend on corporate social responsibility (CSR) and community development programmes to build social acceptance, with primary focus on compensatory measures such as infrastructure or employment. However, these strategies tend to be top-down and do not ensure inclusive participation. FPIC has not been properly implemented, as consultations often exclude indigenous communities and fail to meet the criteria of being free, prior, and informed. Moreover, SLO is typically secured after mining operations have already commenced. These findings show that SLO implementation in Kolaka remains superficial, shaped more by CSR than by active engagement and voluntary consent from affected communities. It recommends adopting a more transparent and participatory approach grounded in FPIC principles.
Eksploitasi Nikel di Era Energi Terbarukan: Antara Harapan Global dan Kutukan Sumber Daya, Studi Kasus di Sulawesi Tenggara, Indonesia Ham, Umirul; Abdillah, Ashar
Verdict: Journal of Law Science Vol. 4 No. 1 (2025): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.4.1.2025.57-69

Abstract

The transition toward renewable energy, promoted as a global response to the climate crisis, has generated a new paradox in Indonesia. On the one hand, green energy policies aim to reduce carbon emissions; on the other, they have accelerated the extraction of mineral resources such as nickel, leading to ecological degradation and social inequality. This study examines how the paradox of energy transition materializes in nickel exploitation practices in Southeast Sulawesi and to what extent this reflects the phenomenon of the resource curse. Using a descriptive qualitative approach within a socio-legal framework, the research integrates environmental law analysis with empirical data from interviews, observations, and policy documents. The findings reveal that weak law enforcement, overlapping institutional authority, and the dominance of economic interests have deepened ecological inequality. The green paradox and resource curse are evident in the imbalance between sustainability objectives and extractive realities. Addressing this issue requires environmental law reform based on ecological justice, strengthened multi-level governance, and meaningful community participation in decision-making processes.
Kajian Undang-Undang Desa 3 Tahun 2024: Narasi Perubahan Abdillah, Ashar; Ham, Umirul; Fakruddin, Faiz
Verdict: Journal of Law Science Vol. 4 No. 2 (2025): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.4.2.2025.115-123

Abstract

This study aims to analyze how the Village Law has changed from Law Number 6 of 2014 to its amendment through Law Number 3 of 2024, as well as the objectives behind this alteration. The Village Law introduces a new dimension to village governance by positioning villages as strategic actors in regional development. This regulation provides broader space for the involvement of all stakeholders in village advancement and offers opportunities for villages to demonstrate their capacity and transform towards independence. Furthermore, the authority to establish and manage village institutions and to acquire sources of revenue enhances village autonomy in determining development directions. This research employs a qualitative approach. Data were collected through library research methods. In addition, data were obtained by reviewing relevant literature such as articles, books, and documents. The results indicate that the changes to the Village Law are expected to guide village governance towards prioritizing development, community building, and community empowerment based on Pancasila, the Constitution of the Republic of Indonesia, the Unitary State of the Republic of Indonesia, and Bhinneka Tunggal Ika in accordance with statutory regulations. The transformation of the policy from Village Law No. 6 of 2014 to Law No. 3 of 2024 is not merely an administrative adjustment, but rather an effort to reorient the paradigm of village development. This change illustrates that villages are no longer viewed as development objects dependent on the central government, but as political entities with greater authority, capacity, and flexibility in determining their own development pathways.
Co-Authors Abdillah, Ashar Fakruddin, Faiz