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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 35 Documents
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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.
Implementasi Undang-Undang tentang Pertambangan Mineral dan Batu Bara terhadap Tindak Pidana Perbuatan Curang (Bedrog) pada Pertambangan Batu Bara Vika Nur Senda
Savana Vol 2 No 01 (2025): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v2i01.1094

Abstract

Implementation of Law Number 3 of 2020 on Mineral and Coal Mining in the Context of Frauduelent Acts (Bedrog) in the Coal Mining Sector. This law aims to strengthen the regulation and enforcement of laws against illegal mining activities, which are rampant in Indonesia and often harm the state and the environment. This study uses a normative juridical method with an analysis of the applicable legal provisions, including regulations on sanctions for those who conduct mining without permits. The results of the study show that there are several forms of criminal acts regulated by the law, such as unlicensed mining, submission of false data, and failure to conduct reclamation. Law enforcement against these violations still faces challenges, especially in terms of effective supervision and enforcement. Although there are clear criminal sanctions, illegal mining practices continue, highlighting the need to improve the capacity of law enforcement officers and foster collaboration among related institutions. The conclusion of this study emphasizes the importance of applying the principles of transparency and accountability in natural resource management, as well as the need for reforms in the licensing system to prevent criminal acts in the mining sector. Therefore, the implementation of Law Number 3 of 2020 is expected to have a positive impact on reducing illegal mining practices and protecting the environment.
Analisis Kasus Pertambangan Panas Bumi pada Putusan Pengadilan Nomor 529/Pdt.G.Arb/2018/Pn.Jkt.Sel Gita Silva Pramesti
Savana Vol 2 No 01 (2025): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v2i01.1095

Abstract

Geothermal energy, as one of the renewable energy sources, has great potential in Indonesia, which is located on a volcanic path and has abundant resource availability. However, the use of geothermal energy in Indonesia is still far from optimal, amid increasing dependence on fossil fuels and challenges in meeting energy needs in a sustainable manner. This article presents a normative juridical analysis that identifies the legal provisions governing the management of geothermal energy, including Law Number 21 of 2014 and its derivative regulations. Through a case study of Decision Number 529/Pdt.G.ARB/2018/PN. JKT. SEL, this article explores how the law is applied in resolving disputes that arise related to geothermal management. The results of the analysis show legal uncertainties that can hinder investment and development in the renewable energy sector. In addition, the issue of transparency in decision-making and resource management is also raised as an important factor that affects public trust. From the results of the analysis, the need for regulatory reform, increased transparency, and strengthening cooperation between the government and the community to ensure fairer and more sustainable management. With a holistic and integrative approach, it is hoped that the development of geothermal energy can contribute to the national energy transition and the fulfillment of sustainable energy needs in Indonesia.
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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