scholarly journals Environmental Justice in Intra Generations: An Overview of Aristotle's Distributive Justice to Coal Mining

2020 ◽  
Vol 3 (1) ◽  
pp. 25-34
Author(s):  
Yovi Cajapa Endyka ◽  
Muhamad Muhdar ◽  
Abdul Kadir Sabaruddin
Keyword(s):  
Environmental Justice ◽  
Distributive Justice ◽  
Natural Resources ◽  
Coal Mining ◽  
Sustainable Management ◽  
Iron Ore ◽  
Environmental Policies ◽  
The State ◽  
Social Injustice ◽  
Current Generation

Indonesia is a country with abundant natural resources, ranging from sand. Tin, copper, coal, iron ore to gold. Therefore, the State should provide environmental justice to create reserves with wise and sustainable management of natural resources. This study uses a doctrinal method in order to answer the problem under study. This study will examine how Aristotle's distributive justice can sharpen the concept of justice for coal mining management. This study will focus on environmental justice in intra-generational terms in terms of Aristotle's distributive justice to coal mining. Protection of access (conservation of access) reflects the allocation of rights and access to natural resources balanced between different generations and fellow members of the current generation. Thus, access to protection provides fair and non-discriminatory rights for every citizen of the current generation to use environmental resources. However, in using these resources, each member of the current generation has an obligation (equitable duties) to ensure that his actions will not reduce future generations' access to these resources. The state through mining or environmental policies has not provided justice for the community, where the community accepts more risks such as social injustice, environmental and health harm from coal mining activities than receiving the benefits.

scholarly journals Environmental injustice and post-colonial environmentalism: Opencast coal mining, landscape and place

2016 ◽  
Vol 49 (1) ◽  
pp. 29-46 ◽  
Author(s):  
Paul Milbourne ◽  
Kelvin Mason
Keyword(s):  
Environmental Justice ◽  
Natural Resources ◽  
Coal Mining ◽  
Opencast Mining ◽  
Environmental Injustice ◽  
Justice Research ◽  
Post Colonial ◽  
Colonial Studies ◽  
South Wales

In this article we use a case study of opencast coal mining in the southern valleys of Wales to explore the ordinary and everyday spatialities of environmental injustice. Responding to recent geographical critiques of environmental justice research and engaging with post-colonial studies of landscape and environment, we provide an account of environmental injustice that emphasises competing geographical imaginaries of landscape and ‘ordinary political injustices’ within everyday spaces. We begin with a discussion of how historical environmental injustices in Wales have been framed within nationalist politics as a form of colonial exploitation of the country’s natural resources. We then make use of materials from recent research on opencast mining in South Wales to examine local understandings of and everyday encounters with mining, highlighting contradictory discourses of opencast mining, landscape and place, and the injustices associated with mining developments in this region.

scholarly journals Kontrak Karya PT Freeport Indonesia dalam Perspektif Pancasila dan UUD NRI 1945

2016 ◽  
Vol 13 (3) ◽  
pp. 613 ◽  
Author(s):  
Ahmad Redi
Keyword(s):  
Social Justice ◽  
Natural Resources ◽  
Coal Mining ◽  
National Interest ◽  
The State ◽  
The Other ◽  
General Assembly ◽  
Mining Areas ◽  
General Assembly Resolution ◽  
Land Water

PT Freeport Indonesia (PT FI) has a Contract of Work (KK) to undertake mining materials in Grasberg and Ertsberg mining areas which has begun in 1967 and will end in 2021. Since the promulgation of Law No. 4 of 2009 on Mineral and Coal Mining (UU Minerba), regulation on mineral and coal undertaking has been in accordance with Pancasila (State Ideology) and the 1945 Constitution, however, because UU Minerba can only be effective for legal actions after its promulgation therefore items related to KK before the existence of that law cannot be regulated. On the other hand, the existence of KK of PT FI is considered to be in violation with Pancasila namely The Fifth Principle “Social Justice for The Whole People of Indonesia”, and Article 33 (3) of 1945 Constitution concerning the substance of land, water, and natural wealth ‘shall be controlled by the State’ and ‘for maximum use for people’s welfare’. This article shall discuss on whether KK of PT FI has been in accordance with Pancasila and the1945 Constitution? And what should Government do in order KK of PT FI can be regulated within the frame of Pancasila and the 1945 Constitution? The method used in this writing is juridical normative. Based on the writer’s analysis, KK of PT FI is violating Pancasila and the 1945 Constitution. The effort to adjust it to Pancasila and the 1945 Constitution shall be conducted through renegotiation of KK of PT FI based on “hardship” principle in UNIDROIT Principles of International Commercial Contracts and principle of natural resources for national interest and people’s welfare in the Resolution of General Assembly Resolution 1803 (XVII) of 14 December 1962, “Permanent Sovereignty Over Natural Resources.

scholarly journals MEMBANGUN POLITIK KRIMINAL PADA PERTAMBANGAN BATUBARA YANG MENYEJAHTERAKAN MASYARAKAT MELALUI SARANA NON-PENAL

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (3) ◽  
Author(s):  
Arif Firmansyah ◽  
Euis D. Suhardiman
Keyword(s):  
Natural Resources ◽  
Community Participation ◽  
Coal Mining ◽  
Criminal Law ◽  
Criminal Policy ◽  
The State ◽  
Mining Activities ◽  
Penal Policy ◽  
Mining Communities ◽  
The People

In Article 33 paragraph (3) of the Constitution of 1945, states earth water and natural resources contained therein controlled by the state and used for the welfare of the people. The realization of such mastery by delegating the authority to manage the natural resources of the state to the company is to provide state Mining Permit or Special Mining Permit. In protecting and overseeing the company that is engaged in coal mining government passed Law Number 4 of 2009 on Mineral and Coal Mining. In Article 162 of Law Number 4 of 2009 states that every person who impede or interfere mining activities from business license holders of mining and business permit of the mining specifically penalized by fines or imprisonment. The article shows a process of criminalization an action (criminal policy), which aim to protect the companies that already have a Mining Permit, but the criminal policy is contrary to the purpose of the criminal policy is an effort for the welfare of society and policies the protection of society, the existence of Article 162 of Law Minerals coal and coal mining communities can impede convicted. In the case of the counteraction form caused they want to protect the environment or their ancestral lands from exploration activities. So it is activity is not uncommon form of criminal policy by means of criminal law that gives rise to new conflicts. Therefore the criminal policy should be shifted from penal facilities to non-penal policy more accommodating community participation, so that the purpose of the criminal policy, namely the welfare of society and protect the community can be realized.Keywords: Political Criminal, Mining, Non-Penal

scholarly journals IMPLEMENTATION OF ARTICLE 3 LAW NUMBER 4 OF 2009 CONCERNING MINERAL AND COAL MINING IN THE GRANTING OF EXPLORATION MINING BUSINESS LICENSE

PRANATA HUKUM ◽  
2021 ◽  
Vol 16 (01) ◽  
pp. 13-25
Author(s):  
Anggalana ◽  
Dery Putra ◽  
Chandra Reformasi
Keyword(s):  
Natural Resources ◽  
Coal Mining ◽  
Government Agency ◽  
The State ◽  
Mining Activities ◽  
The Earth ◽  
Mining Investment ◽  
The People ◽  
The Republic ◽  
The Government

Indonesia is a country rich in natural resources. Therefore, the Government isexpected to be able to manage these natural resources with the aim of people's welfare in accordance with the mandate of the Constitution of the Republic of Indonesia 1945 as stipulated in Article 33 paragraph (3) which reads "The Earth, water and natural resources contained therein are controlled by the state and used for the greater prosperity of the people ". Article 3 of Law Number 4 Year 2009 concerning Mineral and Coal Mining provides guidelines for the government in the implementation of mining business activities and to support the implementation of licensing of mining business activities. The issue of how to implement the granting of exploration mining business licenses based on Article 3 of Law No. 4 of 2009 on Mineral and Coal Mining in Lampung Province and how to supervise mining business activities in Lampung Province. The method used uses normative and empirical juridical research. The implementation of the granting of exploration mining business licenses based on Article 3 of Law No. 4 of 2009 on Mineral and Coal Mining in Lampung Province has been running but not yet maximal because the permit process is too long so that the purpose of the implementation of mining business activities is not achieved. The suggestion is that the license for exploration mining activities must be carried out by one government agency / agency, in order to facilitate the process of obtaining the permit in order to support the effectiveness of mining activities and the cycle of domestic mining investment, especially in Lampung Province.

scholarly journals PENGATURAN HUKUM PENGELOLAAN PERTAMBANGAN BATUBARA SECARA BERKELANJUTAN DI KOTA SAMARINDA

Yuridika ◽  
2012 ◽  
Vol 27 (1) ◽  
Author(s):  
Siti Kotijah
Keyword(s):  
Sustainable Development ◽  
Natural Resources ◽  
Coal Mining ◽  
Sustainable Management ◽  
Present Generation ◽  
The Future

Legal arrangements on sustainable management of Coal Mining in Samarinda, have many rules violation in the provisions of the Mineral and Coal Act number 4 of 2009 particularly on Mining Management section. These predicaments caused profound consern due to the importance of natural resources preservation for sustainable development for the next generations. Therefore, to manage the existing natural resources which is coal, a sustainable long term regulation is needed in order to gain maximum benefits from coal management. Then, the benefits not only enjoyed by the present generation but also by the future generations.Key word: Law, management, Coal Mining.

Of Nils and Nation: Selma Lagerlöf'sThe Wonderful Adventures of Nils

2008 ◽  
Vol 1 (2) ◽  
pp. 168-186 ◽  
Author(s):  
BJÖRN SUNDMARK
Keyword(s):  
Natural Resources ◽  
Ethnic Groups ◽  
School System ◽  
The State ◽  
Social Classes ◽  
State School ◽  
Linguistic Differences ◽  
Vested Interests ◽  
National Ideology ◽  
Selma Lagerlof

Recently past its centenary, The Wonderful Adventures of Nils (1906–7), by Selma Lagerlöf, has remained an international children's classic, famous for its charm and magical elements. This article returns to read the book in its original contexts, and sets out to demonstrate that it was also published as a work of instruction, a work of geography, calculated to build character and nation. Arguing that it represents the vested interests of the state school system, and the national ideology of modern Sweden, the article analyses Nils's journey as the production of a Swedish ‘space’. With a focus on representations of power and nationhood in the text, it points to the way Lagerlöf takes stock of the nation's natural resources, characterises its inhabitants, draws upon legends and history, and ultimately constructs a ‘folkhem’, where social classes, ethnic groups and linguistic differences are all made to contribute to a sense of Swedish belonging and destiny.

Etude de l'aménagement d'une forêt classée au Mali avec la participation des populations riveraines - Données du problème et éléments de méthodologie | A Study of the Management of a State-Owned Forest in Mali with the Participation of the Population Living nearby - Issue under Investigation and Elements of Methodology

2000 ◽  
Vol 151 (3) ◽  
pp. 80-83
Author(s):  
Pascal Schneider ◽  
Jean-Pierre Sorg
Keyword(s):  
Natural Resources ◽  
Research Methodology ◽  
Large Scale ◽  
Environmental Context ◽  
Forest Resources ◽  
The State ◽  
Commercial Use ◽  
Economic Context ◽  
The People

In and around the state-owned forest of Farako in the region of Sikasso, Mali, a large-scale study focused on finding a compromise allowing the existential and legitimate needs of the population to be met and at the same time conserving the forest resources in the long term. The first step in research was to sketch out the rural socio-economic context and determine the needs for natural resources for autoconsumption and commercial use as well as the demand for non-material forest services. Simultaneously, the environmental context of the forest and the resources available were evaluated by means of inventories with regard to quality and quantity. According to an in-depth comparison between demand and potential, there is a differentiated view of the suitability of the forest to meet the needs of the people living nearby. Propositions for a multipurpose management of the forest were drawn up. This contribution deals with some basic elements of research methodology as well as with results of the study.

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