Indonesian Journal of Law and Policy Studies
Vol. 4 No. 2 (2023): Indonesian Journal of Law and Policy Studies

Between Mining and Justice: Reconstructing Responsible Mining in the Framework of Indonesian Mining Law

Sinung Mufti Hangabei (Faculty of Law Universitas Muhammadiyah Bengkulu)
Hendi Sastra Putra (Faculty of Law Universitas Muhammadiyah Bengkulu)
Mikho Ardinata (Faculty of Law Universitas Muhammadiyah Bengkulu)
Edi Riyanto (Faculty of Law Universitas Muhammadiyah Bengkulu)



Article Info

Publish Date
15 Nov 2023

Abstract

Mining governance in Indonesia often shows a gap between the constitutional mandate of natural resource management under Article 33 of the 1945 Constitution and its practical implementation, particularly in relation to social justice, environmental sustainability, and the welfare of local communities. This study aims to analyze the concept of responsible mining within Indonesian mining law and to reconstruct its legal foundation based on the principles of social justice and constitutional resource governance. This research employs normative legal research using statutory and conceptual approaches. Legal materials are analyzed qualitatively to examine the relationship between constitutional principles, mining regulations, and the concept of responsible mining. The study reveals that Indonesian mining law still demonstrates a misalignment between constitutional mandates and mining practices, limited integration of social justice, weak legal orientation toward local community welfare, and normative ambiguity in the concept of responsible mining. This research proposes the reconstruction of responsible mining as a constitutional legal principle grounded in Article 33 of the 1945 Constitution and strengthened through the integration of the social licence to operate concept in mining governance.

Copyrights © 2023






Journal Info

Abbrev

IJLP

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The aim Indonesian Journal Of Law and Policy Studies is to offer a venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of ...