The Legal Protection on Lands of Former Mines Which has Implications to the Environment

DOI

10.2991/iceml-18.2018.81How to use a DOI?

Keywords

legal protection, land of former mine, environment

Abstract

Mining activities are activities that have high potential to damage the environment and cause the balance of ecosystems to be disturbed, then the reclamation and post-mining activities have its own problems to be tested further. Forms of legal protection on mined land under the Minerals and Coal Act only impose administrative sanctions in the form of reprimands, suspension of activities and revocation of business licenses to holders of business licenses. While reclamation and post-mining are commonly done when mining activities are over, this makes legal protection for mining areas need to be found for legal certainty. Meanwhile, the Environmental Protection and Management Act as a legal umbrella on all environmental issues implicitly also regulates the same object as the Mineral and Coal Act, but gives different sanctions to the same deeds. Therefore it is a matter that needs to be found how the legal certainty of sanctions given in two different legislation but its hierarchical position parallel, and which agency who is in charge and responsible for the imposition of sanctions. The research method used in this research is Normative Law Research Approach with Statutory Approach (Statute Approach). This approach reviews laws and regulations as the main point of analysis in reviewing and discussing legal issues. Through this Legislation Approach, the Author examines this research by looking at legal uncertainty and legal intersections in a legal event. Comparisons of sanctions in the Minerals and Coal Act with the Environmental Protection and Management Act on the same object shall be conducted in accordance with the prevailing laws and regulations prevailing in Indonesia.

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. Zulfikar
AU  - Ilham Djaya
AU  - Heri Sujoko
AU  - Faisal Santiago
PY  - 2018/09
DA  - 2018/09
TI  - The Legal Protection on Lands of Former Mines Which has Implications to the Environment
BT  - Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
PB  - Atlantis Press
SP  - 366
EP  - 372
SN  - 2352-5428
UR  - https://doi.org/10.2991/iceml-18.2018.81
DO  - 10.2991/iceml-18.2018.81
ID  - Zulfikar2018/09
ER  -