Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
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This Author published in this journals
All Journal Journal of the Community Development in Asia Focus Journal Law Review
Heriamariaty Heriamariaty
Unknown Affiliation
Humanities Law, Crime, Criminology & Criminal Justice

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Coal Mining Company Responsibility for Environmental Damage in East Barito District, Central Kalimantan Dedy Dedy; Bambang S. Lautt; Tonich Tonich; Suriansyah Murhaini; Heriamariaty Heriamariaty
Focus Journal : Law Review Vol 5 No 1 (2025): Focus Journal Law Review Vol. 5 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v5i1.337

Abstract

Coal mining in Barito Timur Regency, Central Kalimantan, significantly contributes to the economy but also negatively impacts the environment. Mining activities have caused water pollution, landscape changes, land degradation, and disruptions to the surrounding communities. This study aims to analyze the accountability of coal mining companies for environmental damage based on criminal, civil, and administrative law aspects. The research employs a qualitative approach with a descriptive case study method. The findings indicate that regulations concerning corporate accountability are outlined in various legal frameworks, such as Law Number 32 of 2009 on Environmental Protection and Management and Law Number 3 of 2020 on Mineral and Coal Mining. Criminal liability allows companies and their management to be prosecuted for violations. Meanwhile, civil liability requires companies to compensate for damages and restore affected environments, while administrative liability includes sanctions such as warnings, fines, and business license revocations. Despite the existing regulations, law enforcement implementation remains weak due to insufficient supervision and corporate non-compliance. Therefore, enhanced government oversight and active community participation are necessary to ensure adherence to environmental regulations. With appropriate measures, a balance between resource exploitation and environmental preservation can be achieved, ensuring ecosystem sustainability and community well-being.
Culture-Based Justice: Legal Decisions on Forest and Land Fires by Indigenous People with Local Wisdom Approach in the Middle Sentence Juriyah Sadjid; Kumpiady Widen; Heriamariaty Heriamariaty; Hendrik Segah
Journal of The Community Development in Asia Vol 7, No 3 (2024): September 2024
Publisher : AIBPM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32535/jcda.v7i3.3165

Abstract

The complex interaction between formal legal systems and indigenous local wisdom in managing forest and land fires in Central Kalimantan highlights the need for a nuanced regulatory approach. This study aims to explore how local wisdom is integrated into the formal legal framework governing forest and land fires by indigenous communities in the region. Conducted from September 2023 to April 2024, the research employed qualitative methods, including purposive sampling through interviews, observations, and field studies on local wisdom, focusing on community members and government agencies in Gunung Mas and Murung Raya regencies. The findings reveal that legal decisions concerning forest and land fires must incorporate the deep-rooted traditions and practices of indigenous communities, particularly those of the Dayak people. Their traditional agricultural practices and rituals, including pre-land use ceremonies, are integral to land management and fire prevention. This study concludes that aligning legal frameworks with local wisdom not only respects cultural heritage but also enhances the effectiveness of fire management policies. The implications suggest that policies should integrate traditional practices to create a more adaptive and sustainable legal system
Co-Authors Bambang S. Lautt Dedy Dedy Hendrik Segah Juriyah Sadjid Suriansyah Murhaini Tonich Tonich Widen, Kumpiady