Administrative Law Enforcement in Mining Businesses in Indonesia

DOI

10.2991/iceml-18.2018.8How to use a DOI?

Keywords

law enforcement , administration, mining business permit

Abstract

The condition of administrative law enforcement in the environmental field is in fact still very concerning. The reality of this condition can be observed from various examples of violations regarding protected areas, sectoral permits that have not been utilized to control environmental impacts, careless waste disposal activities and weak law enforcement in the provision of administrative sanctions. Administrative sanctions are one of the sanctions that are essentially regulated as the realization of environmental laws to guarantee the right of citizens to get good and healthy environment, as a basic right of every Indonesian citizen as mandated in Article 28H of the 1945 Constitution of the Republic of Indonesia. Indonesia is a country the natural resources are so rich that in the implementation of mining activities or the extraction of natural resources in Indonesian territory, it is necessary to have permission to avoid total exploitation since the natural resources are divided into two, i.e. renewable resources and non-renewable resources. In terms of business licenses from the government, especially mining, the license is granted by the central and regional governments for mining business license holders, with predetermined mining areas covering the determination of mining areas, classification of mining areas and criteria used in determining mining areas regulated in Law No. 4 of 2009 concerning Mineral and Coal Mining. A mining business license (IUP) is a permit to carry out mining business in the framework of mineral exploitation that includes stages of general investigation, exploration, feasibility studies, construction, mining, processing and refining, transportation and sales activities, and post-mining activities. In the implementation of these mining activities, the permit holders do not always implement and comply with various laws and regulations. Of course, those who violate the provisions of the legislation can be subjected to administrative sanctions and criminal sanctions. This paper aims to analyze the administrative law enforcement in environmental field, especially in the granting of mining business licenses known to have a lot of abuse of authority, so that only a handful of people get the benefits. The disadvantaged people, on the other hand, are the countries and society who got the impact of environmental damage caused by large-scale uncontrolled mining which highlighted the need of administrative law enforcement a means of controlling.

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  - Amelia Ayu Paramitha
AU  - Tunggul Anshari Setia Negara
PY  - 2018/09
DA  - 2018/09
TI  - Administrative Law Enforcement in Mining Businesses in Indonesia
BT  - Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
PB  - Atlantis Press
SP  - 26
EP  - 28
SN  - 2352-5428
UR  - https://doi.org/10.2991/iceml-18.2018.8
DO  - 10.2991/iceml-18.2018.8
ID  - Paramitha2018/09
ER  -