Law Enforcement Mining in Indonesia Environmental Law Perspective

DOI

10.2991/iceml-18.2018.68How to use a DOI?

Keywords

law enforcement, mining, environmental law

Abstract

Mining is one of the main sectors of foreign exchange revenues that have potential nili compared to other sectors, in addition to providing positive impacts in various fields of economic, social-cultural and environmental impacts, but also raises some of the problems that can not be avoided is environmental problems. Environmental Impacts on mining is an aspect that needs to be highly highlighted due to close mining with the opening of mining areas and unfair ecological exploration. Environmental law and mining law are expected to anticipate any attempt to pollute or damage the environment due to mining. Environmental law is more progressive with the birth of Law No. 32 of 2009 on Environmental Protection and Management (UUEPM) because this law regulates the protection and management of the environment and recognizes the strict liability. In the previous Environmental Law No. 4 of 1982 on the Basic Provisions of Environmental Management and Law No. 23 of 1997 on Environmental Management only regulate management without any protection to the environment. Law No. 4 of 2009 on Mining of Minerals and Coal (Mining Law) provides a new understanding of the concept of modern mining law after so far the mining regime for more than 42 years in Indonesia is subject to Law No. 11 of 1967 Basic Provision of Mining. The new Mining Law stresses the spirit of transparency, participation and environmental insight. Mining Law and UUEPM are expected to run synergistically in the aspects of preventive and repressive law enforcement at every stage of mining activity has the biggest exploration and exploitation aspect of the environment because the object is located on land where mining activities always provide environmental effects, pollution and environmental destruction. The Mining Law and UUEPM are the regulations that provide security in mining so that mining is not only beneficial to the Indonesian people but also environmentally friendly and achieves ecological justice and supports the development of Indonesia. Because the mine is a natural resource that takes a long time to be renewed, so it becomes a joint task, especially the role of Environmental Law to be able to maintain its sustainability.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Mr. Saproni
AU  - Faisal Santiago
PY  - 2018/09
DA  - 2018/09
TI  - Law Enforcement Mining in Indonesia Environmental Law Perspective
BT  - Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
PB  - Atlantis Press
SP  - 309
EP  - 312
SN  - 2352-5428
UR  - https://doi.org/10.2991/iceml-18.2018.68
DO  - 10.2991/iceml-18.2018.68
ID  - Saproni2018/09
ER  -