ENVIRONMENTAL DAMAGE DUE TO MINING EXPLOITATION CONSTITUTIONAL PERSPECTIVE

Authors

  • Nikmah Fitriah Sekolah Tinggi Ilmu Hukum (STIH) Sultan Adam
  • Adha Sekolah Tinggi Ilmu Hukum (STIH) Sultan Adam
  • Ari Puspitawati Sekolah Tinggi Ilmu Hukum (STIH) Sultan Adam
  • Aspihani Sekolah Tinggi Ilmu Hukum (STIH) Sultan Adam
  • Didi Noryadi Sekolah Tinggi Ilmu Hukum (STIH) Sultan Adam

DOI:

https://doi.org/10.48171/jwh.v3i2.57

Abstract

This study aims to analyze the efforts to protect against environmental destruction due to mining exploitation by adopting constitutional norms.

The current state of the environment is a means to predict future conditions. This causes environmental law regulations that are created and needed to be able to go far in the future in establishing various rules or norms concerning the determination of legal values ​​that are beneficial to the welfare of the nation and state, especially to the Indonesian people themselves in the future. So that countries in the world agree to protect the environment by incorporating general environmental principles into the constitution of a country or regional constitution. Therefore, the author conducted a normative-empirical research by analyzing legal materials and the data described using a descriptive-qualitative approach.

This research is focused on a problem and the situation will then reveal a fact that is analyzed with related concepts and theories so that conclusions can be drawn. Legal protection efforts against environmental destruction due to mining exploitation activities have so far not been effective so that the risk is not only experienced by living things around the mining area, but legal risks will be given to those who violate the provisions of environmental law.

Law enforcement has an important role in supporting the protection and management of the environment as regulated in the Republic of Indonesia Law No. 32 of 2009 concerning Environmental Protection and Management, but more than that, Environmental Law actually also prioritizes local wisdom and an approach to the principle of subsidiarity.

Published

2022-11-25

How to Cite

Fitriah, N., Adha, Puspitawati, A., Aspihani, & Noryadi, D. (2022). ENVIRONMENTAL DAMAGE DUE TO MINING EXPLOITATION CONSTITUTIONAL PERSPECTIVE. DE JURE Critical Laws Journal, 3(2), 1–17. https://doi.org/10.48171/jwh.v3i2.57