mining law
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2021 ◽  
Vol 9 (3) ◽  
pp. 262
Author(s):  
Alawiyah Alawiyah ◽  
Slamet Budi Yuwono ◽  
Melya Riniarti ◽  
Dermiyati Dermiyati ◽  
Christine Wulandari

Open mining activities have caused soil damage, water pollution, air pollution, and damage to vegetation. Limestone post mining is a critical area that must be rehabilitated to be productive again. This problems can be fixed by doing land reclamation activities which mandated in the Mining Law Number 4, 2009. The success of land reclamation is largely determined by the choice of plant species and the provision of appropriate soil enhancers (ameliorant). This study was aimed to analyze the growth response of sengon plants on giving ameliorant in mixed limestone post mining soil. This study was designed in completely randomized design for 7 treatments and 3 replications used combination of ameliorant: P0 (without ameliorant); P1 (AH 4 kg ha-1); P2 (BFA 350 kg ha-1); P3 (FMA 500 spores plant-1); P4 (the combination of AH and FMA); P5 (the combination of BFA and FMA); and P6 (the combination of AH, BFA, and FMA). Data were processed by analysis of variance at the 0,05 significance level followed by the Least Significant Difference test. The results showed that the best growth response of sengon on giving ameliorant in mixed limestone post mining soil was P1 treatment (humic acid material) which significantly increased root length, root volume, root fresh weight, shoot fresh weight, root dry weight, and shoot dry weight in sengon plants. The addition of ameliorant can be recommended to improve the quality of revegetation plants


Author(s):  
Gabriel Radecki

The increased and additional fees are administrative sanctions for violations of the provisions of the Act of 9 June 2011 Geological and Mining Law, especially in part concerning the concession requirements. The article discusses the functions which these sanctions play. In that range it analyses the subject and severity of the fees, trying to distinguish their scopes. It leads to the conclusion that the fees concentrate mainly on their repressive and fiscal functions. The second part of the article is devoted to standards of the fees in the light of the provisions Section IVa of the Code of Administrative Procedure, entitled “Administrative pecuniary penalties”. The impact of these provisions on the fees’ legal status is insufficient and does not guarantee the satisfactory protection of rights of entities.


Author(s):  
Ondřej Vícha

The aim of the paper is to briefly present the development of Czech mining law, its basic sources and related literature. The author of the article recalls the common roots of Czech and Polish mining law, which date back to the Middle Ages and are currently defined by EU law.Therefore, he mentions the relevant EU legal acts. The article examines the reasons for which the Czech Republic has the mining regulations adopted in 1988: the Mining Protection and Utilization Act (Mining Act) of April 19, 1988 (adopted by the Federal Assembly of the Czechoslovak Socialist Republic) and two acts of on April 21, 1988, on mining, explosives and the state mining administration, and on geological works (both laws were adopted by the Czech National Council).


BESTUUR ◽  
2021 ◽  
Vol 9 (2) ◽  
pp. 90
Author(s):  
Hilaire Tegnan ◽  
Lego Karjoko ◽  
Jaco Barkhuizen ◽  
Anis H Bajrektarevic

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Indonesia has enacted mining law, environmental protection law, and a number of rules addressing mining and environmental issues. However, the establishment of these numerous laws and regulations has not resulted in a decline in corruption cases and environmental degradation. In fact, government officials are frequently lenient with mining industry owners who fail to follow good environmental standards. This is critical since Indonesia has spent the last two decades attempting to resolve corruption and environmental challenges. This study describes specific instances of mining and environmental law confusion resulting from corrupt activities. The study takes a normative legal approach. Resources have been gathered through examinations of mining and environmental laws and regulations, as well as reports by multiple authorities that track the same subject. The study demonstrates how prior Indonesian mining law policy acknowledged regional governments as mining authorities. The policy has caused widespread mining corruption, particularly in the area of business permits, involving regional political leaders and the private sector. The irresponsibility of regional political elites has jeopardized the environment and ecosystem. It is also an echo of overlapping legislation and authorities in the mining and environmental sectors.</p></td></tr></tbody></table></div>


Significance The APC is struggling to present a united front against the government. President Julius Maada Bio’s administration is seeking to make headway on corruption cases, mining law revisions and economic policy to shore up its support ahead of elections in early 2023. Impacts The ACC’s inability to secure high-profile convictions may bolster former President Ernest Bai Koroma's faction within the APC. The tourism and hospitality sector will be boosted by the removal of state of emergency restrictions. Higher commodity prices will facilitate government efforts to increase mining output.


2021 ◽  
Vol 10 (2) ◽  
pp. 226
Author(s):  
Faisal Faisal ◽  
Derita Prapti Rahayu

<em>The complexity of mining business governance affects rational actions to tackle mining crime using the criminal policies in a progressive legal dimension. This research focuses on dealing with mining crime using criminal policies and rational efforts in the progressive legal dimension. It was conducted using normative legal research method using secondary data obtained from primary and secondary legal materials. The urgency of this research is to provide guidance towards the application of appropriate rules of mining for the actors in the business. It was also directed to provide references in mining law enforcement through an integral policy. The results showed that criminal policy through penal means in the formulation stage has the ability to regulate licensing crimes, corporate crimes, crimes against reclamation, and criminal obstruction of mining businesses. Moreover, the application stage involves the legal construction of material and formal offenses while the execution stage requires integral law enforcement. It is also important to note that the non-penal means which focuses on prevention maps potential actors with the ability to create the victims while the secondary prevention maps the mining areas with potential conflicts. This means the progressiveness of mining criminal policies rationally in the progressive law dimension enforces certainty and basic ideas underlying the norms.</em>


Author(s):  
Ayu Kholifah

The ratification of Law Number 3 of 2020 (Revision of the Mining Law) on June 10, 2020 by President Joko Widodo raised a polemic so that several parties have filed a judicial review of the law. This phenomenon indicates that there are interests that are not accommodated in the Revision. The natural resource business as the sector with the greatest risk of human rights violations is in the spotlight whether the Revision are much better to guarantee human rights protection or not. The UN Guiding Principles on Business and Human Rights (UNGPs) is a recommendation that can be used as a parameter how human rights are protected on the Revision. This research is normative legal research using qualitative descriptive methods by combining statutory approaches and conceptual approaches. The results show that the absence of mandatory regulations and guidelines for human rights protection in domestic business activities is a factor in the low level of human rights protection in the Revision. Human Rights Protections by the State and Human Rights Respects by companies have not been comprehensively regulated, access to recovery for human rights impacts is still not maximal and needs to be developed as recommended in the UNGPs.


Author(s):  
Ryszard Mikosz

The subject of the considerations contained in the article is the analysis of selected issues related to the legal regulation regarding the civil law obligation to prevent damage that may result from mining plant operations. It is about the regulations contained in the Act of June 9, 2011, Geological and Mining Law, and to a certain extent also in the Act of April 23, 1964, the Civil Code. This analysis includes not only theoretical considerations, but also refers to the practice of applying the law. It contains a discussion and a critical assessment of the Supreme Court’s judgment of February 20, 2018.


Author(s):  
Jarosław Szymański

In Silesia, the beginnings of gold mining date back to the turn of the 12th and 13th centuries. The first attempt to legally regulate gold mining was the short mining act found in the municipal book of Lwówek Śląski, dated to the first half of the 13th century. In 1342 Dukes of Legnica, Wenceslaus I and Louis I, issued such a law for Złotoryja. These legal acts, particularly the one of Złotoryja, are the most important regulations regarding the medieval gold mining in Silesia. They relied on the local traditions and experiences; therefore, they feature no borrowings from the Czech or Saxon mining legislation. This can be explained with the “ancient” tradition of gold mining in the area of Złotoryja and Legnica, which allowed for development and establishment of native legal solutions. By ordering to write down such local rules, the dukes confirmed the individual mining traditions of their duchies, which was favourable from their perspective because the tradition pointed to exclusive right of the duke, without accounting for mining local governing bodies. This article presents the oldest legislation regulating gold mining in Silesia. It provides the Polish translation of the laws of Lwówek and Złotoryja, and discusses major rules in comparison to analogical legislation functioning in Bohemia.


2021 ◽  
pp. 135-138
Author(s):  
Cedric E. Gregory
Keyword(s):  

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