Legal Protection for Communities Affected by Nickel Mine Exploitation Amidst Increased Exploration for Electric Battery Needs

DOI

10.2991/978-2-38476-218-7_12How to use a DOI?

Keywords

Electric Battery; Nickel Mine Exploitation; Restitution; Compensation

Abstract

Climate change has encouraged using greener and environmentally friendly renewable energy. Lithium-ion batteries have become an important component in electric vehicles, energy storage, and portable electronic devices based on nickel. Therefore, there has been a rapid increase in the exploration and exploitation of nickel mines. However, the exploitation of nickel mines often presents serious impacts on the environment and society such as deforestation, water and soil pollution, and the emergence of conflicts with communities. Various criminal cases involving nickel mining have been investigated by law enforcers, but the criminal instruments imposed are limited to corporal punishment and fines paid and entered into the state, considered unable to restore the impacts caused, because the true victims are the community and the environment, but cannot be restored through existing legal instruments. It is necessary to have legal protection based on the recovery of the situation from the impact of mining crimes that prioritizes the community and the environment. Therefore, it is important to examine the application of the concept of restitution and compensation to sustain nickel mining exploration alongside its impacts. Effective restitution and compensation can help balance the economic benefits generated by nickel mining with fair compensation for affected communities, as well as efforts to mitigate environmental impacts. However, current positive legal provisions still limit restitution and compensation to be applied only in certain criminal offenses such as cases of gross human rights violations, terrorism, trafficking in persons, racial and ethnic discrimination, criminal acts related to children and other criminal offenses determined by the decision of the witness and victim protection agency (LPSK). This research proposes the concept of restitution and compensation in mining crimes. Through legal comparison, it is hoped that a better solution can be found to maintain a balance between the fulfillment of urgent electricity battery needs and the protection of the community and the environment affected by nickel mining exploitation.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Lilik Haryadi
AU  - Hartiwiningsih Hartiwiningsih
AU  - Sapto Hermawan
PY  - 2024
DA  - 2024/02/22
TI  - Legal Protection for Communities Affected by Nickel Mine Exploitation Amidst Increased Exploration for Electric Battery Needs
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 68
EP  - 76
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_12
DO  - 10.2991/978-2-38476-218-7_12
ID  - Haryadi2024
ER  -