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

A Legal Analysis of Mining Industry Licence and Mining Impact for the Community in Bungku Pesisir Subdistrict, Morowali Regency

Authors
Nurhidayah Nurhidayah1, *, Wahyuni Idrus1, Arif Maulana1
1Faculty of Law, Sawerigading University Makassar, Makassar, Indonesia
*Corresponding author. Email: nurhidayahkhaeril@gmail.com
Corresponding Author
Nurhidayah Nurhidayah
Available Online 31 December 2023.
DOI
10.2991/978-2-38476-180-7_132How to use a DOI?
Keywords
Mining license; Implementation; Mining Impact
Abstract

The goal of the ratification of Law No. 3 of 2020 regarding Amendments to Law No. 4 of 2009 regarding Mineral and Coal Mining is to maximise state revenue and protect ecosystems from uncontrolled environmental damage. This is essential in the mining management process so that this industry can contribute to the prosperity of people while also being environmentally responsible and sustainable. This research aimed to analyse the implementation of Law No. 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining and Government Regulation (PP) No. 5 of 2021 concerning Management of Mining Licence and to elaborate on the impacts of the mining industry in Bungku Pesisir Subdistrict, Morowali Regency. A type of quantitative observational research was used in this study. The study’s population consisted of 219 family heads, and the 64 samples came from the mining-affected village of Laroenai. A “time series” analysis (before and after the mining industry) was used to figure out the direction of social change. The findings of this research indicated that the implementation of the mining industry licence policy is inconsistent with government regulation number 5 of 2021 concerning licencing guidelines for mining industry licence management. The implementation of the mining industry licence policy is not optimal. Mining companies have disregarded the provisions of Law No. 3 of 2020 regarding minerals and coal and Government Regulation (PP) No. 5 of 2021 regarding the management of mining licences. The existence of mining in Bungku Pesisir Subdistrict, Morowali Regency, has negatively affected the livelihoods of the local population.

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
10.2991/978-2-38476-180-7_132
ISSN
2352-5398
DOI
10.2991/978-2-38476-180-7_132How 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

TY  - CONF
AU  - Nurhidayah Nurhidayah
AU  - Wahyuni Idrus
AU  - Arif Maulana
PY  - 2023
DA  - 2023/12/31
TI  - A Legal Analysis of Mining Industry Licence and Mining Impact for the Community in Bungku Pesisir Subdistrict, Morowali Regency
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 1305
EP  - 1313
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_132
DO  - 10.2991/978-2-38476-180-7_132
ID  - Nurhidayah2023
ER  -