Bailout Policy in the Minerals and Coal Act Ecological Justice Perspective

DOI

10.2991/assehr.k.211112.047How to use a DOI?

Keywords

Bailout policy; Mineral and Coal Act; Ecological Justice; New Normal

Abstract

The right to a good and healthy environment is a basic right that obtains constitutional guarantees in Article 28H Paragraph 1 of the 1945 Constitution, but the constitutional guarantee seems to be ruled out by the presence of Law No. 3 of 2020 on Amendments to Law No. 4 of 2009 on Minerals and Coal. This can be analyzed from the bailout guarantees from the government to the automatic extension of coal mining agreement holders. English translation. This paper aims to unravel the link between bailout policies in the Mineral and Coal Law, ecological justice, and the impacts in a new normal society. The research method used is normative juridical with the approach of legislation and legal philosophy. The results showed that changes in mineral and coal laws have the potential to cause ecological injustice; corporations get various privileges, while the interests of the environment and the community around mining activities are not adequately accommodated from the impact of the mining industry. Therefore, it is necessary to arrange regulations in the field of minerals and coal to align with the value of ecological justice, especially when facing the new normal society. The importance of discussing the bailout policy with ecological justice and its impact on the new normal society, because the existence of bailout policies in the Mineral and Coal Law has an impact on the new normal society so that it needs to be discussed in the perspective of ecological justice.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Eka NAM Sihombing
AU  - Cynthia Hadita
PY  - 2021
DA  - 2021/11/23
TI  - Bailout Policy in the Minerals and Coal Act Ecological Justice Perspective
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 366
EP  - 372
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.047
DO  - 10.2991/assehr.k.211112.047
ID  - Sihombing2021
ER  -