Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)

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Human Rights Perspective in Guaranteeing Community Opinion Rights Against Mining Crimes (Illegal Mining)

Authors
Muh. Fachri Said1, *, Muh. Fauzi Ramadhan1, Mariam Mgeladze2
1Faculty of Law, Universitas Muslim Indonesia, Makassar, Indonesia
2Faculty of Law, Ankara University, Ankara, Türkiye
*Corresponding author. Email: fachri.said@umi.ac.id
Corresponding Author
Muh. Fachri Said
Available Online 31 December 2023.
DOI
10.2991/978-2-38476-180-7_109How to use a DOI?
Keywords
Guarantee; Human Rights; Crime; Mining
Abstract

The government's enthusiasm for enacting Law no. 11 of 2020 concerning Job Creation, Mineral and Coal chapter, is that it can stimulate investment, create jobs and improve the business climate in Indonesia. This legislation has experienced significant dynamics since it was passed in 2020. There are several main dynamics related to Law no. 11 of 2020 concerning Job Creation, namely: changes in regulations, where Law no. 11 of 2020 concerning Job Creation contains significant changes to various sectoral laws such as employment, investment, licensing, the environment and freedom of expression. For example, in article 162 of Law no. 11 of 2020 concerning Job Creation, Mineral and Coal chapter, which is contrary to the 1945 Constitution, the Constitutional Court further issued a decision to continue enforcing 162 of Law no. 11 of 2020 concerning Job Creation, Minerba chapter. With this, the author uses normative research methods as well as the conceptual basis of Indonesian human rights in analyzing the guarantee of the public's right to opinion after the enactment of Law no. 11 of 2020 concerning Job Creation, Minerba chapter. From research on the problems above, the author finds that there is disharmonization of norms between Law no. 11 of 2020 concerning Job Creation and the 1945 Constitution, Law no. 9 of 1998 concerning Freedom to Express Opinions in Public, Law no. 39 of 1999 concerning Human Rights, which has the impact of injuring the right to freedom of expression in Indonesia.

Copyright
© 2023 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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Volume Title
Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
31 December 2023
ISBN
978-2-38476-180-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-180-7_109How to use a DOI?
Copyright
© 2023 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.

Cite this article

risenwbib
TY  - CONF
AU  - Muh. Fachri Said
AU  - Muh. Fauzi Ramadhan
AU  - Mariam Mgeladze
PY  - 2023
DA  - 2023/12/31
TI  - Human Rights Perspective in Guaranteeing Community Opinion Rights Against Mining Crimes (Illegal Mining)
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 1075
EP  - 1085
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_109
DO  - 10.2991/978-2-38476-180-7_109
ID  - Said2023
ER  -