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Savana: Indonesian Journal of Natural Resources and Environmental Law
Published by Universitas Kuningan
ISSN : -     EISSN : 30479096     DOI : https://doi.org/10.25134/savana.v2i02.781
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Savana: Indonesian Journal of Natural Resources and Environmental Law, published three editions year-round (April, August, and December) as an ISSN national journal (e-ISSN 3047-9096), provides a forum for publishing research results articles, articles, and review books from academics, analysts, practitioners, and those interested in providing literature on legal studies. Scientific articles covering natural resources and environmental law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 1 No 03 (2024): SAVANA" : 7 Documents clear
Penegakan Hukum Pemanfaatan Sumber Daya Panas Bumi pada Studi Kasus Pembebasan Lahan Nova Novian Tika
Savana Vol 1 No 03 (2024): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i03.214

Abstract

This study examines the utilization of geothermal resources in land acquisition cases, focusing on Ambon District Court Decision Number 36/Pid.Sus-TPK/2022. This study aims to analyze geothermal utilization regulations based on Indonesian positive law and the application of Lawrence M. Friedman's legal system theory to dispute resolution. The research method used is normative juridical with a statutory approach. The results indicate that the main obstacles to geothermal utilization are land acquisition conflicts, overlapping regulations, and a lack of community participation. The dispute in the Tulehu Geothermal Power Plant case indicates weak compliance with village financial management and transparency. The application of legal system theory demonstrates that harmony between legal structure, legal substance, and legal culture is necessary to resolve disputes and support the sustainable development of geothermal energy.
Efektivitas Regulasi dan Implementasi Hukum Terhadap Pertambangan Batubara Tanpa Izin di Indonesia Dela Meilany
Savana Vol 1 No 03 (2024): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i03.271

Abstract

This research aims to identify the effectiveness of regulations and legal implementation regarding illegal coal mining in Indonesia, focusing on a case study of case No. 210/Pid.Sus/2024/PN Bta. Illegal coal mining (PETI) is a serious problem with negative environmental, social, and economic impacts in Indonesia. This research uses a normative method, namely the literature review principle, which involves collecting and reviewing several sources. Despite various regulations governing legal mining activities, illegal mining practices remain rampant. In this context, this study analyzes the extent to which existing regulations, such as Law No. 4 of 2009 concerning Mineral and Coal Mining and Government Regulation No. 23 of 2010, are implemented. Despite existing regulations, their implementation is hampered by factors such as inter-agency coordination, limited resources, and suboptimal community participation. Therefore, it is recommended to improve oversight, strengthen community participation, and implement policy reforms to improve the effectiveness of legal implementation regarding illegal coal mining in Indonesia.
Peran Regulasi dalam Pengelolaan Sumber Daya Air pada Industri Pertambangan Hilda Chaerunisa
Savana Vol 1 No 03 (2024): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i03.810

Abstract

This article discusses the applicable regulations in water resource management in the mining industry and how they are implemented in the perspective of Pelalawan District Court Decision Number 350/Pid.B/LH/2019/PN.Plw, which aims to determine and assess the applicable regulations and arrangements in Indonesia. This research adopts normative legal analysis methods and case studies. Law Number 17 of 2019 concerning Water Resources states that water resource management must be carried out sustainably, including the use of water for business activities such as mining. One human activity that can reduce river water quality is sand mining, which can occur due to the discharge of washing waste into rivers. The main challenge in implementing mining law in Indonesia is that consistent enforcement of regulations can create uncertainty for industry players and trigger conflicts between the government, mining companies, and local communities. Emphasizes the importance of water resource management in the mining industry in Indonesia. The need for increased supervision of mining activities and more consistent law enforcement.
Penegakan Hukum Pertambangan dalam Pengembangan Sumber Daya Panas Bumi di Indonesia Zidni Octafia Hafsah
Savana Vol 1 No 03 (2024): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i03.811

Abstract

Mining legal policy in the development of geothermal resources in Indonesia, with a focus on the case study of Decision Letter Number 489 K/Pdt.Sus-Pailit/2015. Indonesia has great potential in geothermal renewable energy which can be utilized to meet national energy needs. Through a normative juridical approach, this research analyzes legal policies governing the management of geothermal resources and their implementation in the context of legal disputes. The research results show that although there is a supportive legal framework, challenges in implementing and enforcing the law still exist, especially related to compliance with contractual agreements. The Supreme Court's decision in this case emphasizes the importance of fulfilling legal obligations by parties involved in geothermal exploitation, as well as the implications for sustainable natural resource management. It is hoped that this research will provide insight for the development of better policies in the renewable energy sector in Indonesia.
Penegakan Hukum terhadap Pertambangan Tanpa Izin Menurut Undang-Undang Nomor 4 Tahun 2009 tentang Pertambangan Mineral dan Batu Bara Reggy Rahadian Taufiqurahman
Savana Vol 1 No 03 (2024): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i03.827

Abstract

This study aims to understand the law enforcement process related to illegal mining activities and whether business actors involved in these activities receive legal protection or assistance from the government when facing problems. Using a normative legal research method, this study concludes that: 1. Law enforcement against illegal mining activities as regulated in Law Number 4 of 2009 concerning Mineral and Coal Mining is carried out through three legal areas: Administrative, Civil, and Criminal Law Enforcement. 2. Business actors conducting illegal mining activities, when facing problems related to their mining activities, whether with the surrounding community or with other mining companies, will not receive legal assistance in resolving them. However, these business actors will still receive legal protection from the local and central governments.
Penegakan Hukum terhadap Tindak Pidana Korupsi dalam Pertambangan Panas Bumi di Indonesia Maman Nurohman
Savana Vol 1 No 03 (2024): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i03.828

Abstract

In 2023, Indonesia had a corruption perception index score of 34 and was ranked 115th out of 180 countries (Transparency International). The purpose of the research conducted by the author is to determine how the regulation and implementation of corruption in the geothermal mining sector in Indonesia is based on decision number 60/Pid.Sus-TPK/2023/PN.Jkt.Pst. This study uses the juridical normative research method. The results of the study indicate that the Panel of Judges examining case number 60/Pid.Sus-TPK/2023/PN.Jkt.Pst. has determined that the decision is not in accordance with applicable provisions. The conclusions are: 1) Geothermal mining is regulated by Law Number 21 of 2014 concerning Geothermal, while corruption is regulated by Law Number 20 of 2001, which is an amendment to Law Number 31 of 1999 concerning the Eradication of Corruption. 2) The implementation of the provisions on corruption crimes in Decision Number 60/Pid.Sus-TPK/2023/PN.Jkt.Pst. does not comply with existing regulations.
Penerapan Kebijakan Pemerintah dalam Penegakan Hukum Usaha Pertambangan Minyak Bumi Anggita Anggita
Savana Vol 1 No 03 (2024): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i03.1219

Abstract

Indonesia is rich in natural resources, including those found in the soil. This soil contains potential natural resources that can be exploited, for example, for oil mining, which is beneficial to humans. The purpose of this study is to identify how the implementation of government regulations, including Law Number 22 of 2001, functions to regulate mining business activities and protect the environment. Furthermore, this article analyzes the legal system through a case study of Decision Number 52/Pid.B/LH/2023/PN Mrt, which demonstrates law enforcement against misuse of business permits in the oil and gas sector. The research method employed is juridical-normative, drawing on literature, data and facts, and existing regulations. The results show that despite existing regulations, violations still occur, resulting in negative impacts on society and the environment. Therefore, increased supervision and law enforcement of oil and gas mining activities are needed to prevent potential violations.

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