Indonesian Journal of Law and Economics Review
Vol. 19 No. 2 (2024): May

Legal Evolution: Analyzing Minerba Law No. 3/2020 Amendments on Reclamation and Post-Mining Responsibilities: Evolusi Hukum: Menganalisis UU Minerba No. 3/2020 Perubahan atas Reklamasi dan Tanggung Jawab Pascatambang

Lestari, Melati Indah (Unknown)
Rosnawati, Emy (Unknown)



Article Info

Publish Date
01 May 2024

Abstract

This study analyzes shifting norms in Indonesian mining law, focusing on the phrases "and/or" in Article 96 and "guaranteed" in Article 169A paragraph (1) of Law no. 3 of 2020 Minerba. Using a normative method with a statutory approach and historical interpretation, it finds that "and/or" offers flexibility for mining companies in choosing reclamation or post-mining activities, while "guaranteed" is replaced with "can be given," implying stricter conditions for operating permit extensions. This research underscores a redefined responsibility framework, emphasizing adaptability and stringent criteria in mining operations. Highlights : Flexibility in Activity Choice: "And/or" offers mining companies the flexibility to choose between reclamation and post-mining activities, enhancing efficiency. Stricter Permit Conditions: "Guaranteed" replaced with "can be given" implies stricter terms for operating permit extensions, ensuring compliance. Redefined Responsibility Framework: The study reveals a redefined framework emphasizing adaptability and stringent criteria in Indonesian mining law. Keywords: Indonesian mining law, shifting norms, responsibility, reclamation, operating permits

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Journal Info

Abbrev

ijler

Publisher

Subject

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Indonesian Journal of Law and Economics Review (IJLER) is published by Universitas Muhammadiyah Sidoarjo four times a year. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of ...