eScience Humanity Journal
Vol 4 No 1 (2023): eScience Humanity Journal Volume 4 Number 1 November 2023

The Study of Public Trust Doctrine Theory in Environmental Cases: Case Study of the New Mining Law

Arman, Zuhdi (Unknown)
Arianto, Tomi (Unknown)



Article Info

Publish Date
24 Feb 2024

Abstract

The Public Trust Doctrine (PTD) stipulates that the government must prioritize public interests, even when natural resource access has been granted to individuals or entities. This study will explore the incorporation of PTD into Indonesian law and utilize it to assess the constitutionality of the Mineral and Coal Law enacted on May 12, 2020. Criticism has arisen from various quarters regarding this law, as it appears to endorse unsustainable resource exploitation, posing a threat to the well-being of communities residing near mining areas. Employing a normative juridical approach and relying on secondary sources such as legal documents and Constitutional Court decisions (MK), this research seeks to examine the compatibility of PTD with Article 33(3) of the Indonesian Constitution. Our findings suggest that PTD is applicable if natural resources play a vital role in the public domain, and their regulation fully aligns with the principle of "to the fullest extent of public welfare." However, an analysis of specific provisions such as Article 22, Article 169A(1), and Article 169B(5) within the Mineral and Coal Law reveals inconsistencies with the PTD concept.

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Journal Info

Abbrev

home

Publisher

Subject

Arts Humanities Education Languange, Linguistic, Communication & Media Social Sciences

Description

eScience Humanity Journal is an electronic and printed journal published by Asosiasi Ide Bahasa KEPRI. This journal was founded on November 7, 2020 through the Decree of the Chairman of the Association Number : 008/SK-RJeSCi/IdeBahasa/XI/2020. Thescope of this journal is to published the article ...