scholarly journals IMPLEMENTATION OF PRECAUTIONARY PRINCIPLE IN COAL MINING LICENSES IN CENTRAL BENGKULU REGENCY OF BENGKULU PROVINCE

2021 ◽  
Vol 11 (2) ◽  
pp. 134-148
Author(s):  
Dede Frastien ◽  
Edra Satmaidi ◽  
Iskandar Iskandar
Keyword(s):  
Coal Mining ◽  
Precautionary Principle ◽  
Environmental Damage ◽  
Mining Activities ◽  
The Precautionary Principle ◽  
State Administration ◽  
Material Requirement ◽  
Legal Consequence ◽  
The Government ◽  
Legal Consequences

Coal mining license is a juridical instrument for businessmen to carry out coal mining activities. Coal mining license is also a preventive instrument to prevent coal mining activities from causing environmental damage and pollution. In the process of issuing and implementing coal mining licenses according to Law Number 32 of 2009 concerning Environmental Protection and Management, one must consider the precautionary principle, which is implemented by integrating environmental considerations, in making coal mining licenses decisions. However, coal mining activities carried out by 9 coal mining companies in the Watershed of Air Bengkulu, showed that there was environmental destruction and pollution seen along the Watershed of Air Bengkulu. This study aimed to determine the application of the precautionary principle to coal mining licenses and the legal consequences of coal mining license decisions that did not apply the precautionary principle. This research was conducted using juridical empirical/socio-legal research, and data analysis was carried out using a qualitative juridical approach. The results of this research showed that the government of Bengkulu Province has not applied the precautionary principle in the process and implementation of coal mining license in the Watershed of Air Bengkulu of Central Bengkulu Regency. The legal consequence of not applying the precautionary principle in the decision to issue 9 (nine) coal mining licenses which was an essential and material requirement in a decision to issue a permit was null and void (nietig van rechtwege) and could be canceled (vernietig baar), the government of Bengkulu Province has the authority to cancel the licenses decision because it is a State Administration official.

scholarly journals DETECTING THE AREA DAMAGE DUE TO COAL MINING ACTIVITIES USING LANDSAT MULTITEMPORAL (Case Study: Kutai Kartanegara, East Kalimantan)

2018 ◽  
Vol 14 (2) ◽  
pp. 151
Author(s):  
NFn Suwarsono ◽  
Nanik Suryo Haryani ◽  
Indah Prasasti ◽  
Hana Listi Fitriana ◽  
M. Priyatna ◽  
...  
Keyword(s):  
Change Detection ◽  
Coal Mining ◽  
Coal Mine ◽  
Vegetation Index ◽  
Detection Method ◽  
Land Reclamation ◽  
Environmental Damage ◽  
Mining Activities ◽  
Landsat Data ◽  
East Kalimantan

Coal is one of the most mining commodities to date, especially to supply both national and international energy needs. Coal mining activities that are not well managed will have an impact on the occurrence of environmental damage. This research tried to utilize the multitemporal Landsat data to analyze the land damage caused by coal mining activities. The research took place at several coal mine sites in East Kalimantan Province. The method developed in this research is the method of change detection. The study tried to know the land damage caused by mining activities using NDVI (Normalized Difference Vegetation Index), NDSI (Normalized Difference Soil Index), NDWI (Normalized Difference Water Index) and GEMI (Global Environment Monitoring Index) parameter based change detection method. The results showed that coal mine area along with the damage that occurred in it can be detected from multitemporal Landsat data using NDSI value-based change detection method. The area damage due to coal mining activities  can be classified into high, moderate, and low classes based on the mean and standard deviation of NDSI changes (ΔNDSI). The results of this study are expected to be used to support government efforts and mining managers in post-mining land reclamation activities.

Part I Introduction

2020 ◽  
pp. 23-30
Author(s):  
Nicolas de Sadeleer
Keyword(s):  
Precautionary Principle ◽  
Environmental Damage ◽  
Environment Policy ◽  
The Precautionary Principle ◽  
Early Stages ◽  
Polluter Pays Principle ◽  
Preventive Policy

Part I aims to clarify when and how the polluter-pays, preventive, and precautionary principles co-exist: complementing, enriching, and in some cases contradicting each other. It stresses that these principles could be best described using three distinct models representing three paradigms of regulation: a curative model, a preventive model, and an anticipatory model. A curative model of nature characterized the early stages of environment policy and shaped the polluter-pays principle. This model was practicable only if accompanied by a preventive policy intended to limit environmental damage. The emergence of increasingly unpredictable risks is at present causing the authorities to base their policy on a third, anticipatory model that gave rise to the precautionary principle. The three principles examined in the first part of this book correspond to the three models described in this introduction.

scholarly journals DINAMIKA KONFLIK MASYARAKAT DAN PEMERINTAH TERHADAP DAMPAK PERTAMBANGAN BATU BARA DI KOTA SAMARINDA

2020 ◽  
Vol 8 (3) ◽  
pp. 213-223
Author(s):  
Sry Reski Mulka
Keyword(s):  
Coal Mining ◽  
Local Community ◽  
Mineral Resources ◽  
Ecological Impacts ◽  
City Government ◽  
Mining Activities ◽  
The Government ◽  
The Impact ◽  
The City

With the availability of mineral resources in the form of coal in the city of Samarinda, it is an advantage for the city government in increasing regional income in the form of taxes and royalties, but with the existence of coal mining activities that have obtained an operating permit from the Samarinda City Government, it has triggered a conflict between the Samarinda City Government. with the local community. This conflict-related relationship cannot be separated from the ecological impacts caused by coal mining activities, in which the government has no commitment to maintaining the quality of the community's environment. In this study, the author wants to analyze how the dynamics of the conflict that occurs between civil society and the Samarinda City Government related to coal mining activities in Samarinda City. In the preparation of this study the authors used qualitative methods. he result of the research is that there is public distrust of the Derah Government in establishing relationships, in the aspect of negotiating the principle that there are differences in views between the government and residents regarding land management, and the needs of residents who are hindered due to the impact of coal mining.

scholarly journals Spatial Characteristic of Coal Mining in Kutai Kartarnegara Regency, East Kalimantan Province

2017 ◽  
Vol 1 (2) ◽  
pp. 152
Author(s):  
Nasruddin Nasruddin
Keyword(s):  
Coal Mining ◽  
Land Reclamation ◽  
Research Result ◽  
Mineral Resources ◽  
Spatial Characteristic ◽  
Easy Access ◽  
Mining Activities ◽  
East Kalimantan ◽  
Landsat 7 ◽  
The Government

Coal mining activities in Kutai Kartanegara Regency conducted in an open way. Number IUP announced by the Directorate General of Mineral and Coal, Ministry of Energy and the results reconciliation of Mineral Resources IUP with the 210 status Clean and Clear (C & C). The purpose of the study is to identify the characteristics and patterns of coal mining in Kutai Kartanegara Regency based landform units in order to see the distribution pattern of its spread. The method used the construct maps of landforms unit in Kutai Kartanegara Regency derived from Satellite Imagery Landsat 7 ETM + in 2012, A sheet of study area Indonesia Map, Geological Map, Soil type and field surveys Map using ArcGIS 9.3 facilities. The results showed that the characteristic of the coal mining in Kutai Kartanegara Regency is implemented by way of an open mining. With the status of the production details 151 IUP (72 %) and the exploration 59 IUP (28 %). Condition of the land of post coal mining in some areas showed low implementation of the rules set by the government for land reclamation, thus causing in high environment such as erosion, flooding and landslides. Unit landform with majority in the coal mining activities is wavy tectonic cluster. The cause of the pattern of coal mining activity tend to cause factors of the position / location of relatively shallow or have undergone a process of outcrops to the surface between 0-30 meters, easy access from the mine to the port. The research result recommendations is conducted anticipation program from the dangers of impact that occurs as erosion and sedimentation, water quality and soil (land potential), The licensing selection strictly refer to the legislation and in depth learning to identify a variety of potential post-mining land to be developed on the post-mining unit of the shape according to the character of the land

SHOULD THE AREA BE MINED? THE PRECAUTIONARY PRINCIPLE AND THE ENVIRONMENTAL IMPACTS ON DEEP-SEA MININGA ÁREA DEVERIA SER MINERADA? O PRINCÍPIO DA PRECAUÇÃO E OS IMPACTOS AMBIENTAIS DA MINERAÇÃO EM FUNDOS MARINHOS

2020 ◽  
Vol 10 (19) ◽  
Author(s):  
Felipe Kern Moreira ◽  
Felipe de Macedo Teixeira
Keyword(s):  
Environmental Impacts ◽  
Precautionary Principle ◽  
Deep Sea ◽  
Document Analysis ◽  
Analysis Procedure ◽  
Mining Activities ◽  
The Precautionary Principle ◽  
International Seabed Authority

The purpose of this paper is to analyze the role of the precautionary principle in the regulations of seabed exploitation activities. In order to do this, it relates the current Mining Code with the events that served as the basis for the Code negotiation. The methodology applied in this research is predominantly qualitative and of the document analysis procedure. The documents examined are the rules and jurisdictional decisions emanated from the International Seabed Authority. In summary, this article analyzes the adoption of the precautionary principle in recent normative and decisional constructions regarding mining activities and environmental impacts in the deep seabed. In conclusion, it is pointed to the construction of a normative arrangement of jurisdictional consolidation of the precautionary principle in the exploration activities of the deep seabed. Moreover, given the uncertain nature of the consequences that mining in the deep seabed will bring, the adoption of the principle arises to ensure the reduction of environmental impacts.

scholarly journals O PRINCÍPIO DA PRECAUÇÃO COMO CRITÉRIO DA ADMINISTRAÇÃO PÚBLICA PARA REGULAR A INSERÇÃO DE ORGANISMOS GENETICAMENTE MODIFICADOS - DOI: http://dx.doi.org/10.5216/rfd.v41i2.42972

2017 ◽  
Vol 41 (2) ◽  
pp. 110
Author(s):  
Gabriele Borges Rodrigues ◽  
Leonardo Da Rocha de Souza
Keyword(s):  
Environmental Protection ◽  
Public Administration ◽  
Precautionary Principle ◽  
Genetically Modified Organisms ◽  
Genetically Modified ◽  
Scientific Uncertainty ◽  
Environmental Damage ◽  
Public Authorities ◽  
The Precautionary Principle ◽  
Deductive Method

Resumo: O objetivo deste artigo é analisar o princípio da precaução como critério utilizado pela Administração Pública para a liberação de organismos geneticamente modificados (OGMs). Para isso, realiza-se um estudo a respeito da importância do princípio da precaução para a realização da proteção ambiental, trazendo-se um enfoque da sua regulação em instrumentos internacionais. A seguir, trabalha-se com os problemas provenientes da incerteza científica e como eles afetam o dever que o Estado tem de evitar danos, incertezas essas que geram dificuldades para a aplicação do princípio da precaução. Esse contexto leva este texto a algumas propostas de soluções para Administração Pública aplicar o princípio da precaução apesar (e em virtude) das incertezas científicas. Permeia o texto, e enfatiza-se ao final, uma aplicação do princípio da precaução na liberação de organismos geneticamente modificados. A abordagem é realizada utilizando-se o método hipotético-dedutivo, levantando-se hipóteses e possibilidades para aplicação prática do princípio da precaução na atuação da Administração Pública. Utiliza-se a técnica de pesquisa de documentação indireta, com a revisão bibliográfica de obras nacionais e estrangeiras, incluindo periódicos e textos normativos. Como resultado, pretende-se que este artigo subsidie o aperfeiçoamento de políticas públicas de proteção ambiental, de forma a evitar que as incertezas científicas gerem danos ambientais e propondo-se maior cautela na inserção dos OGMs no meio ambiente.Abstract: The purpose of this article is to analyze the precautionary principle as a criterion used by public authorities for the release of genetically modified organisms (GMOs). For this, we carried out a study about the importance of the precautionary principle for the realization of environmental protection, bringing a focus of its regulation on international rules. Next, we work with problems arising from scientific uncertainty and how they affect the duty that the state has to prevent damage, such uncertainties that generate difficulties for the application of the precautionary principle. This context leads this text to some proposed solutions for Public Administration apply the precautionary principle despite (and because) of scientific uncertainty. During the text, with an emphasis on end, we carry out an application of the precautionary principle in the release of genetically modified organisms. The approach is performed using the hypothetical-deductive method, rising hypotheses and possibilities for practical application of the precautionary principle in the operation of Public Administration. We use the indirect documentation search technique, the literature review of national and foreign works, including periodicals and normative texts. As a result, we intend this article to subsidize the improvement of public policies for environmental protection, in order to prevent the scientific uncertainties, generate environmental damage and proposing greater caution in the insertion of GMOs into the environment.

scholarly journals THE MARGINALIZATION OF WOMEN AND CHILDREN IN EAST KALIMANTAN COAL MINING INDUSTRY

2020 ◽  
Vol 4 (02) ◽  
pp. 233-248
Author(s):  
Anak Agung Sagung Dyah A.N.A. ◽  
Elisabeth Dewi
Keyword(s):  
Coal Mining ◽  
National Income ◽  
Mining Industry ◽  
Mining Area ◽  
Environmental Damage ◽  
Mining Companies ◽  
East Kalimantan ◽  
Women And Children ◽  
The Government ◽  
The Impact

This paper aimed to describe women and children marginalization in coal mining companies in East Kalimantan. Coal mining activities which is expected to support the national income of Indonesia, in fact, don�t give benefits to all parties, especially women and children. Local communities around the mining area are only obtained the environmental damage caused by the mining companies (in this case the mine excavation holes). This paper is expected to contribute in describing the impact of privatization by the government through ecofeminism lens.

scholarly journals Great Big Hairy Bees! Regulating the European Bumblebee, Bombus Terrestris L. What does it say about the Precautionary Principle?

2012 ◽  
pp. 1-19 ◽  
Author(s):  
Cameron Alastair Moore ◽  
Caroline Gross
Keyword(s):  
Precautionary Principle ◽  
Biological Diversity ◽  
Bombus Terrestris ◽  
Environmental Damage ◽  
Potential Threat ◽  
The Precautionary Principle ◽  
Environmental Threat ◽  
South Wales ◽  
Scientific Certainty

The previous Commonwealth Minister for the Environment, Mr Garrett, recently rejected a request to allow the importation of live bumblebees (Bombus terrestris L.) to mainland Australia. New South Wales and Victoria had already listed the introduction of bumblebees as, respectively, a key threatening process and a potentially threatening process. The Commonwealth, however, had previously declined an application to list the introduction of bumblebees as a key threatening process, although its Threatened Species Scientific Committee urged ‘that extreme caution be shown in considering any proposal to introduce this species to the mainland.’ The potential threat from bumblebees would appear to beg the questions posed by the precautionary principle. Would the presence of bumblebees to mainland Australia pose a threat of serious or irreversible environmental damage? Should a lack of full scientific certainty be used as a reason for postponing measures to prevent environmental degradation? This paper considers the role of the precautionary principle in regulatory approaches to the bumblebee. It seeks to establish the application of the precautionary principle to this particular potential environmental threat, including its relationship to the principle of conservation of biological diversity. It concludes that, despite widespread adoption of the precautionary principle in policy, legislation and case law in Australia, its impact on regulating bumblebees has not been consistent.

scholarly journals Penerapan Prinsip Kehati-Hatian Pembuatan Akta Otentik Pada Kantor Notaris Kabupaten Gowa

PETITUM ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 187-197
Author(s):  
Suhartati Suhartati
Keyword(s):  
Data Analysis ◽  
Qualitative Analysis ◽  
Precautionary Principle ◽  
Research Method ◽  
Legal Research ◽  
The Precautionary Principle ◽  
Analysis Methods ◽  
Legal Consequences

This research aims to know and understand clearly the application of the precautionary principle of Notaries in making authentic deeds and the legal consequences of authentic deeds based on false letters and false statements. The research method used is empirical normative legal research, which is a combination of the normative legal approach with the addition of empirical elements. Data analysis in this study used qualitative analysis methods. From the results of the research, it was found that, first, the application of the precautionary principle by the notary in the process of making authentic deeds has been implemented but has not been implemented optimally because there are still often found authentic deeds based on false letters and false statements. Second, the legal consequences of notarial deeds based on false letters and false statements are null and void (nitiegbaarheid). Penelitian Ini bertujuan mengetahui dan memahami secara jelas  penerapan prinsip kehati-hatian Notaris terhadap pembuatan akta Otentik dan akibat hukum terhadap akta otentik yang berdasarkan surat palsu dan keterangan palsu. Metode penelitian yang digunakan adalah penelitian hukum normatif empiris, yang merupakan penggabungan Antara pendekatan hukum normatif dengan adanya penambahan unsur-unsur empiris. Analisis data dalam penelitian ini menggunakan metode analisis kualitatif. Dari Hasil Penelitian ditemukan Bahwa, Pertama, Penerapan prinsip kehati-hatian yang dilakukan oleh Notaris dalam proses pembuatan akta otentik itu sudah diterapkan tetapi belum dilaksanakan secara optimal karena masih sering dijumpai ada akta otentik yang dibuat berdasarkan surat palsu dan keterangan palsu. Kedua, Akibat hukum terhadap akta notaris yang dibuat berdasarkan surat palsu dan keterangan palsu adalah batal demi hukum (nitiegbaarheid).

scholarly journals Coal Mining Institution in Private Forest

2018 ◽  
Vol 6 (3) ◽  
pp. 81 ◽  
Author(s):  
Willyam Buli ◽  
Samsul Bakri ◽  
Indra Gumay Febryano
Keyword(s):  
Coal Mining ◽  
Qualitative Approach ◽  
Environmental Damage ◽  
Mining Activities ◽  
Private Forest ◽  
Formal Institutions ◽  
Technical Requirements ◽  
Illegal Activities ◽  
Mining Coal ◽  
The Impact

Unlicensed Mining (PETI) conducted by community groups in private forest area is rife in Muara Enim district which causing environmental degradation. The purpose of this study is to find out the institutional forms associated with illegal coal mining activities. The study used a qualitative approach that illustrated how unlicensed mining (PETI) still able to operate despite violating the law. The result of this study indicates the existing formal institutions did not run so well which lead to the creation of non-formal institutions who permits illegal activities. There are few technical requirements that PETI could not provide if they were legalized to be public mining. Good coordination and teamwork between government and law enforcers along with mining corporation are desirable to control the development of PETI and the impact it brings, especially in private forest.Keywords: private forest, institution, environmental damage, unlicensed mining, coal mining

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