Indonesian Journal of Criminal Law Studies
Vol. 10 No. 1 (2025): Indonesia J. Crim. L. Studies (May, 2025)

Legal Culture, Environmental Non-Compliance, and the Persistence of Illegal Mining in Paningkaban

Baginda Khalid Hidayat Jati (Law Doctorate Program, Universitas Diponegoro)
Esmi Warassih Pujirahayu (Faculty of Law, Universitas Diponegoro)
Teddy Asmara (Faculty of Law, University of Swadaya Gunung Jati)
Ridwan Arifin (Faculty of Law, Universitat de Barcelona)



Article Info

Publish Date
22 May 2025

Abstract

This study explores the socio-legal dynamics behind the persistence of illegal gold mining (PETI) in Paningkaban Village, Banyumas Regency, Central Java. Triggered by the July 2023 tragedy where eight miners perished, this research investigates why formal law enforcement has remained ineffective despite severe environmental harm. Using a qualitative socio-legal methodology with a hermeneutic approach, the study examines the intersection of legal culture and green criminology. Data were collected through in-depth interviews, field observations, and literature analysis. Findings reveal that PETI has been culturally legitimized through local philosophies like sadumuk bathuk sanyari bumi ditohi pati, a Javanese cultural expression emphasizing the sacred duty to protect one’s land and community, even at the cost of life. The study concludes that PETI is socially perceived as a legitimate survival strategy, highlighting the urgent need for culturally sensitive, participatory environmental governance rather than purely punitive measures.

Copyrights © 2025






Journal Info

Abbrev

ijcls

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Indonesian Journal of Criminal Law Studies (IJCLS) is a peer-reviewed scientific journal that primarily focuses on comparative criminal law. The journal serves as a platform for scholarly discourse and critical analysis of criminal law systems across different ...