Journal articles: 'Mining law'

1

ASTON, R. LEE. "MINING LAW AND "ENVIROMINING" LAW SECTION: FOREWORD BY THE MINING LAW EDITOR." Mineral Resources Engineering 10, no. 02 (June 2001): 233. http://dx.doi.org/10.1142/s0950609801000567.

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Harinda, Khoirulika Nur, Amin Purnawan, and Aryani Witasari. "The Law Enforcement of Environmental Law against Illegal Mining." Law Development Journal 3, no. 4 (December 21, 2021): 693. http://dx.doi.org/10.30659/ldj.3.4.693-699.

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The purpose of this study is to identify and analyze law enforcement against illegal mining in Indonesia. Based on the results of the study, it can be concluded that illegal mining law enforcement is an unlawful act, regulated by Act No. 4 of 2009 concerning Mineral and Coal Mining, the threat of punishment is regulated from Articles 158 to 165. Administrative law enforcement in illegal mining crimes by the authority law enforcement is carried out in a preventive manner. Supervision in law enforcement of mining administration in a limited manner has been regulated as stipulated in the provisions of Article 39, Article 78 and Article 79 concerning Mining Business Permits (IUP) or Special Mining Business Permits (IUPK). The signs contained in the Mining Business Permit (IUP) or Special Mining Business Permit (IUPK), are obligations that must be carried out by the recipient of the Mining Business Permit (IUP) or Special Mining Business Permit (IUPK), and if a violation is committed, the official who issuing the permit has the right to impose sanctions. Based on this suggestion, it is hoped that there will be coordination and integration between relevant agencies, in particular to carry out socialization activities for legal counseling regarding Act No. 4 of 2009.

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Aston, R. Lee. "MINING AND "ENVIROMINING" LAW SECTION: FOREWORD BY THE MINING LAW EDITOR." Mineral Resources Engineering 10, no. 01 (March 2001): 83. http://dx.doi.org/10.1142/s0950609801000415.

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Monteiro, Nathalie Barbosa Reis, Ana Keuly Luz Bezerra, José Machado Moita Neto, and Elaine Aparecida da Silva. "Mining Law: In Search of Sustainable Mining." Sustainability 13, no. 2 (January 16, 2021): 867. http://dx.doi.org/10.3390/su13020867.

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Mining is an activity that generates inputs to different production chains, making it essential for any country’s development. However, it causes environmental, economic, and social impacts that must be considered. The Mining Law provides guidelines, through laws and regulations, so the activity can be carried out in an environmentally, economically, and socially sustainable way. In this paper, an analysis was conducted of the application of some peculiar characteristics of Brazilian Mining Law (locational rigidity, priority granting, among others) according to the parameters established in the Federal Constitution, in the Mining Code and its updates, and in the National Department of Mineral Production, Environment Ministry, and Mines and Energy Ministry normative acts. Moreover, the Superior Court of Justice Jurisprudence was analyzed to understand how the Mining Law is applied, in practice. It was verified that the Brazilian legislation is not perfect, but it has mechanisms to protect and benefit the miner, the society, and the environment. However, there are many shortcomings like the lack of speed in judging processes and the flaws in the applicability of some principles that compromise sustainability in the activity’s development, especially regarding the environmental and social liabilities left after mine closure.

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Lange, Christian, Maksim Abdul Latif, Yusuf Çelik, A. Melle Lyklema, Dafne E. van Kuppevelt, and Janneke van der Zwaan. "Text Mining Islamic Law." Islamic Law and Society 28, no. 3 (July 20, 2021): 234–81. http://dx.doi.org/10.1163/15685195-bja10009.

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Abstract Digital humanities has a venerable pedigree, stretching back to the middle of the twentieth century, but despite noteworthy pioneering contributions it has not become a mainstream practice in Islamic Studies. This essay applies humanities computing to the study of Islamic law. We analyze a representative corpus of works of Islamic substantive law (furūʿ al-fiqh) from the beginnings of Islamic legal jurisprudence to the early modern period (2nd/8th-13th/19th c.) using several computational tools and methods: text-reuse network analysis based on plain-text annotations and html tags, clustered frequency-based analysis, word clouds, and topic modeling. Applying machine-guided distant reading to Islamic legal texts over the longue-dureé, we study (1) the role of the Qurʾān, (2) patterns of normative qualifications (aḥkām), and (3) the distribution of topics in our corpus. In certain instances the analysis confirms claims made in the scholarly literature on Islamic law, in other instances it corrects such claims.

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SANCHEZ-MEJORADA V., RODRIGO. "MINING LAW IN MEXICO." Mineral Resources Engineering 09, no. 01 (March 2000): 129–39. http://dx.doi.org/10.1142/s0950609800000135.

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FELL, JUAN CARLOS URQUIDI, and JOSE ANTONIA RAMIREZ ARRAYAS. "MINING LAW IN CHILE." Mineral Resources Engineering 08, no. 01 (March 1999): 43–64. http://dx.doi.org/10.1142/s0950609899000074.

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Alfers, Stephen D. "American Mining Law Reform." Journal of Energy & Natural Resources Law 12, no. 4 (November 1994): 424–41. http://dx.doi.org/10.1080/02646811.1994.11433005.

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MacBride, William L., and Wang Bei. "Chinese Mining Law Overview." Journal of Energy & Natural Resources Law 19, no. 3 (August 2001): 220–29. http://dx.doi.org/10.1080/02646811.2001.11433231.

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Ezeudu, Martin-Joe. "Mining Law of Canada." Journal of Energy & Natural Resources Law 38, no. 2 (July 22, 2019): 205–7. http://dx.doi.org/10.1080/02646811.2019.1633152.

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Ingelson, Allan. "Canadian Law of Mining." Journal of Energy & Natural Resources Law 38, no. 4 (August 14, 2020): 475–77. http://dx.doi.org/10.1080/02646811.2020.1796327.

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12

Long, Keith R. "Economics of mining law." Nonrenewable Resources 4, no. 1 (March 1995): 74–83. http://dx.doi.org/10.1007/bf02257018.

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Kutina, Jan. "U.S. Mining in a global context - Comments on the Mining Law Reform." Global Tectonics and Metallogeny 6, no. 1 (August 1, 1996): 43–56. http://dx.doi.org/10.1127/gtm/6/1996/43.

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Amijaya, Meldi, La Husen Zuada, Muhammad Ahsan Samad, and Muhammad Akbar Hairi. "Governance Mining Licensing in Central Sulawesi Post Mining Law Reform and Law Job Creation." Indonesian Journal of Social and Environmental Issues (IJSEI) 3, no. 2 (August 30, 2022): 112–21. http://dx.doi.org/10.47540/ijsei.v3i2.414.

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This article aims to explain the governance of mining permits after the reform of the mining law and the issuance of the law on job creation. The research design used descriptive qualitative. The results of the study found: First, the Ministry of energy and mineral resources is the leading sector in the management of the mining sector at the national level. Meanwhile, at the local government level, the provincial and district/city offices of energy and mineral resources are played. Second, in Central Sulawesi Province mining business permits are issued by the One Stop Service Investment Office. Before the omnibus law, there are at least five stages that are passed in the licensing process, namely the application for a mining business area permit, an application for an exploration mining business permit, an application for a principle permit for the use of national strategic area space, and an application for an Environmental Feasibility Decree and Environmental Permit, as well as an application for a production mining business permit. Third, the issuance of law number 11 of 2020 concerning job creation (omnibus law) reduces the authority of local governments in managing mining permits in Central Sulawesi. In addition, the omnibus law provides convenience in environmental management, where environmental permits are replaced with environmental approvals that are integrated with business permits.

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Jufri Dewa, Muh. "SYNCHRONIZATION OF ENVIRONMENTAL LAW TO MINING LAW IN SUSTAINABLE ENVIRONMENTAL MINING GOVERNANCE IN INDONESIAS LEGAL SYSTEM." International Journal of Advanced Research 11, no. 02 (February 28, 2023): 160–67. http://dx.doi.org/10.21474/ijar01/16235.

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Mining management in Indonesia, should pay attention to aspects of environmental sustainability. The facts show that most of the mining management in Indonesia does not pay attention to aspects of environmental sustainability. For this reason, based on legal norms, mining regulations in Indonesia should be synchronized with environmental regulations. This is the issue of research articles written. Based on the results of research using normative research methods, environmental law norms and mining legal norms synergize where mining law has a very close relationship with environmental law, because every business and mining activity, whether it is related to mineral and coal mining or oil mining and natural gas are required to maintain the continuity of the carrying capacity and capacity of the environment and the preservation of environmental functions.Kata.

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MACBRIDE, WILLIAM L., and WANG BEI. "CHINESE MINING LAW OVERVIEW (1)." Mineral Resources Engineering 10, no. 03 (September 2001): 365–93. http://dx.doi.org/10.1142/s0950609801000658.

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Myrsiades, Linda S. "Mining the Law/Literature Enterprise." College Literature 30, no. 1 (2003): 169–80. http://dx.doi.org/10.1353/lit.2003.0017.

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18

Vícha, Ondřej. "Czech mining law in a nutshell." Prawne Problemy Górnictwa i Ochrony Środowiska, no. 2 (November 24, 2021): 1–17. http://dx.doi.org/10.31261/ppgos.2021.02.09.

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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).

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19

Tobias, Evan. "Commencing Deep Seabed Mining: A Review on Law No. 3 of 2020 on Mineral and Coal Mining." Brawijaya Law Journal 9, no. 1 (April 30, 2022): 59–75. http://dx.doi.org/10.21776/ub.blj.2022.009.01.05.

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In 2020, the Government of Indonesia enacted Law No. 3 of 2020 on Mineral and Coal Mining, which amended Law No. 4 of 2009 on Mineral and Coal Mining. Under this amendment, Law No. 3 of 2020 on Mineral and Coal Mining expands the definition of mining law territories, as stipulated under Article 1, number 28a. This provision covers the mining law territories of the Indonesian archipelago, seabed area, and continental shelf. This study explores the legal consequences of the term “seabed area” in Law No. 3 of 2020 on Mineral and Coal Mining, to determine whether the law paves the way for deep seabed mining. Through normative and descriptive approaches, this study found that despite the broader definitions of mining territories, Law No. 3 of 2020 on Mineral and Coal Mining is insufficient to initiate deep seabed mining. This is because seabed mining requires a detailed governance structure, especially on the rights and duties of every party involved. Therefore, this paper recommends that the activity be regulated by a distinctive law that specifically addresses seabed mining.

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20

Astomo, Putra. "The Problems in Mineral and Coal Mining Regulations Perspectives Political Law and Responsive Law." Kanun Jurnal Ilmu Hukum 23, no. 1 (April 30, 2021): 133–56. http://dx.doi.org/10.24815/kanun.v23i1.19949.

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Minerals and coal are two elements of natural wealth owned by the Indonesian people and managed according to the country's economic system as regulated in Article 33 of the 1945 Constitution of the Republic of Indonesia. This paper examines the criticism of the birth of mineral and coal mining legal products amid the Corona Virus Pandemic Disease (Covid-19) that is deadly and afflicts most countries in the world including Indonesia, namely Law Number 3 of 2020 on Amendments to Law Number 4 of 2009 on Mineral and Coal Mining thus the regulations of mineral and coal mining creates problems. The approach method was used a socio legal approach. The results of the study show that problems that arise in the regulations of mineral and coal mining in terms from the political law and responsive law perspectives due to two factors between: (1) Contrary with establishment of legislation principles related discussion the draft Law on Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining. (2) Contrary with responsive law because participations of community low in establishment the draft Law on Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining.

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21

Szymański, Jarosław. "The oldest gold mining law in Silesia." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 35 (June 11, 2021): 333–46. http://dx.doi.org/10.19195/1733-5779.35.21.

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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.

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22

Khairul, Rudi. "LEGAL INCONSISTENCY OF LAND PROCUREMENT FOR MINING IN FOREST AREA." Jurnal Gagasan Hukum 4, no. 01 (June 30, 2022): 29–41. http://dx.doi.org/10.31849/jgh.v4i01.10440.

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Damage to natural resources in Indonesia is starting to have an impact on the community as a result of mining that does not heed environmental sustainability resulting in ecosystem damage such as water pollution, loss of ground cover and increased levels of hazardous substances. The type of research carried out is by using normative legal research which is limited to the study of the application of positive law under study. Procurement of land for the mining business sector involves many aspects of statutory regulations including the Forestry Law, Conservation Law, Environmental Law, Land Law, Investment Law and the Law governing Mining itself which consists of from the Minerba Law, the Oil and Gas Law and the Geothermal Law. the impact that arises as a result of legal inconsistencies in the mining sector, such as the presence of several mining companies mining in areas prohibited for mining.

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23

Suci, Ratu Triani Ayune Wulan. "Law Enforcement on Management of Limestone Mining Without Permits According to Law Number 3 of 2020 concerning Mineral and Coal Mining." Journal of Law and Legal Reform 3, no. 3 (July 31, 2022): 379–402. http://dx.doi.org/10.15294/jllr.v3i3.56286.

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Mining activities in Indonesia are carried out by mining companies that already have official permits. In connection with the existence of mining activities without a permit on objects on the ground, the government issued a legal product in providing protection, which is regulated in Law Number 3 of 2020 concerning Mineral and Coal Mining. The objectives of this study are: 1) Explain the management of limestone mining permits according to Law Number 3 of 2020 concerning Mineral and Coal Mining. 2) Explain law enforcement against limestone mining without a permit according to Law Number 3 of 2020 concerning Mineral and Coal Mining. The method used in this research is using a normative approach. The research specification in this paper is descriptive analytical. The results of the study show: 1) The management of limestone mining permits in Law Number 3 of 2020 concerning Mineral and Coal Mining is carried out in accordance with the provisions in Article 35 Paragraph (4), in which the permits are carried out based on the delegation of authority of the Central Government. 2) Law enforcement against limestone mining without a permit can be said to be ineffective and not in accordance with the purpose of punishment. Given that mining without a permit is a mining crime in the environmental sector, the imposition of criminal sanctions should be oriented towards the environment.

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Azizah, Amri Nur. "LEGALITAS IZIN USAHA PERTAMBANGAN KHUSUS OPERASI PRODUKSI PT. FREEPORT INDONESIA." Journal Publicuho 3, no. 2 (May 21, 2020): 158. http://dx.doi.org/10.35817/jpu.v3i2.12198.

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This legal research aims to review and analyze to the legality of the Special Mining Business Permit (known as IUPK) of PT. Freeport Indonesia (PT. FI). The research method uses a statute, conceptual and case approach. The legal material used in this research was obtained from the legislation, legal principles, legal concepts, and doctrines related to the legality of the Special Mining Business Permit (IUPK) of PT. Freeport Indonesia as a source of primary material as well as literature (including journals both national and international journals), articles, internet, and scientific papers, contains developments or actual issues regarding the law of certain fields as secondary legal material. The results of this study to explain that the Special Mining Business Permit (IUPK)of PT. FI is the result of an agreement made by the Indonesian government and PT. FI. The Special Mining Business Permit (known as IUPK) of PT. Freeport Indonesia (PT. FI) is contrary to the requirements and procedures established based on Law Number 4 of 2009 on Mineral and Coal Resources (the Minning Law).

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Buyu, Sulistianingsi. "The Role Of The Police In Eradicating Illegal Gold Mining Activities In Pohuwato Regency." Estudiante Law Journal 1, no. 1 (February 19, 2019): 161–71. http://dx.doi.org/10.33756/eslaj.v1i1.12809.

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AbstractThis Study aims to find out and analyze how law enforcement against perpetrators of gold mining activities without a permint in the pohuwato regency area is law enforcement against gold mining activities in pohuwato regency, not yet effective, because based on the results of the study it was found that there were 33 active tools, in illegal mining, which is suspected to belong to a dozen people but has not been processed by law to this day. This is contrary to article 158 of law no. 4 of 2009 concerning mining. To overcome the problems that occur as described in the discussion, researhers recommend a solution, namely law enforcement related to illegal mining activities in pohuwato regency needs to be emphasized, this is in order, so that no more people dare to carry out mining activaties illegaly and violate law. The local government of pohuwato regency, needs to pay more attention to mining activities by the people of pohuwato regency, by issuing people’s mining area (WRS) and mining busines permits (IUP), thus is important so that people are not trapped in mining activites that violate the law and pollute the environment, besides the existence of IUP and WPR can improve the economy of the people of pohuwato.Keywords: Law, Mining, Illegal

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Wu, Jinsui, Dongyu Xie, Sihai Yi, Shangxian Yin, Dezhi Hu, Yuanyuan Li, and Yun Wang. "Fractal Study of the Development Law of Mining Cracks." Fractal and Fractional 7, no. 9 (September 19, 2023): 696. http://dx.doi.org/10.3390/fractalfract7090696.

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Studying mining fracture development is vital for geotechnical and mining engineering and geological disaster prevention. This research assesses crack effects on rock mass stress equilibrium during coal mining, potentially causing geological disasters such as land subsidence and landslides. Using fractal geometry theory, the present study investigates the development of horizontal and vertical mining cracks, revealing their propagation patterns. The fractal dimension generally increases as the propulsion distance increases; however, fluctuations vary from 250 to 287.5 m, forming a wavering line chart. The proportion of mining fracture area relative to mining space area increases with greater propulsion distance, indicating expanded upward mining space due to separation layers. The horizontal distribution of mining cracks persists, while the vertical distribution decreases, suggesting ground subsidence results from upward transmission. The fastest increase in fractal dimension occurs at 87.5–100 m. At 250 m, it peaks at 1.4136, indicating complex crack structures. During propulsion, the fractal dimension decreases due to upward mining space expansion through overlying rock layer collapse, forming new cracks. The proportion of mining crack area to mining space area increases gradually throughout the mining process. The present study presents a simulation model for crack identification, noting limitations in identifying tiny cracks.

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27

ASTON, R. LEE. "ASTON'S MINING LAW CASE REVIEWS™." Mineral Resources Engineering 09, no. 01 (March 2000): 165–92. http://dx.doi.org/10.1142/s0950609800000159.

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ASTON, R. LEE. "ASTON'S MINING LAW CASE REVIEWS™." Mineral Resources Engineering 09, no. 03 (September 2000): 387–404. http://dx.doi.org/10.1142/s0950609800000287.

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ASTON, R. LEE. "ASTON'S MINING LAW CASE REVIEWS™." Mineral Resources Engineering 09, no. 04 (December 2000): 475–98. http://dx.doi.org/10.1142/s0950609800000329.

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ASTON, R. LEE. "ASTON'S MINING LAW CASE REVIEWS™." Mineral Resources Engineering 10, no. 01 (March 2001): 115–62. http://dx.doi.org/10.1142/s0950609801000440.

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ASTON, R. LEE. "ASTON'S MINING LAW CASE REVIEWS™." Mineral Resources Engineering 10, no. 02 (June 2001): 245–87. http://dx.doi.org/10.1142/s0950609801000555.

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ASTON, R. LEE. "ASTON'S MINING LAW CASE REVIEWS™." Mineral Resources Engineering 11, no. 04 (December 2002): 395–417. http://dx.doi.org/10.1142/s0950609802001051.

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Prince, Willam B. "Mining Law in the United States." Mineral Resources Engineering 07, no. 04 (December 1998): 393–401. http://dx.doi.org/10.1142/s0950609898000419.

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ASTON, R. LEE. "ASTON'S MINING LAW CASE REVIEWS™." Mineral Resources Engineering 08, no. 01 (March 1999): 145–56. http://dx.doi.org/10.1142/s0950609899000177.

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ASTON, R. LEE. "ASTON'S MINING LAW CASE REVIEWS™." Mineral Resources Engineering 08, no. 02 (June 1999): 253–66. http://dx.doi.org/10.1142/s0950609899000256.

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LEE ASTON, R. "ASTON'S MINING LAW CASE REVIEWS™." Mineral Resources Engineering 08, no. 04 (December 1999): 483–525. http://dx.doi.org/10.1142/s0950609899000414.

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Wälde, Thomas. "Mining law reform in South Africa." Minerals & Energy - Raw Materials Report 17, no. 4 (January 2002): 10–17. http://dx.doi.org/10.1080/14041040209362577.

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Hongge, Peng, Cai Qingxiang, Zhou Wei, and Shu Jisen. "Study on End-wall Slope Stability of Surface Coal Mine under the Condition of Combined Open-pit Mining with Underground Mining." International Journal of Advances in Applied Sciences 5, no. 2 (June 1, 2016): 65. http://dx.doi.org/10.11591/ijaas.v5.i2.pp65-71.

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With the deepening of surface coal mine, the application of combined surface mining with underground mining is increased now. According to the influence analysis of underground mining on surface coal mine end-wall slope, the thin plate model of mined slope was proposed with distortion and stress distribution of the girder studied. Considering the practice of combined surface mining with underground mining, the modified method was put forward. Based on the roof breaking law of mined slope, the minimum width of protecting coal pillar was elicited. Subsequently this paper took the combined mining practice of Anjialing surface mine as example to study the subsidence law of roof and the influence of underground mining to surface mine slope. The research conclusion indicates that under the condition of combined mining the deformation and subsidence of overlying strata are obvious with a clear lag time, and the ceiling distortion evokes distortion of mined slope, which can be used as the theory sustainment to stabilization of mined slope under combined surface mining with underground mining.

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Aryani, Renni, H. Salim HS, and Diangsa Wagian. "The Effectiveness of Law Enforcement against C Class Mining Permits in East Lombok Regency." RESEARCH REVIEW International Journal of Multidisciplinary 9, no. 2 (February 15, 2024): 169–77. http://dx.doi.org/10.31305/rrijm.2024.v09.n02.018.

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This research aims to understand and describe the effectiveness of law enforcement against C class mining permits in East Lombok Regency, and to analyze the effectiveness of law enforcement against C class mining permits in East Lombok Regency. This research type in this thesis is empirical law study using Statute Approach, Historical Approach, And Sociological Approach. The effectiveness of law enforcement against c class mining permits in East Lombok Regency. In Permits regulation of C class mining in East Lombok region. In giving Mining Permits, that is no longer be the local government authority, but it goes to Central Government by delegating the Permits to the provincial government according to Act. No. 55 year 2022. The effectiveness of law enforcement against C class mining permits in East Lombok Regency judging from 5 factors, these are regulation, law enforcement, tools and infrastructure, society, and culture. These 5 factors being an indicator of its law enforcement effectiveness. But in this case the law enforcement and society being the problem in this research. It’s because less awareness of the society itself especially in working for this C class mining, the doers/society is not eligible of the administration requirements, did not propose SIPB based the requirement and regulation apply. Also, the lax of law enforcement officials for executing the mining that does not have SIPB Mining Permits).

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Nurmalasari, Fitriananingsih, St Fatmawati Fatmawati L, and M. Yusuf. "PENEGAKAN HUKUM TINDAK PIDANA ILLEGAL MINING TERHADAP KERUSAKAN LINGKUNGAN HIDUP DI KABUPATEN KONAWE UTARA." Gorontalo Law Review 7, no. 1 (April 30, 2024): 245. http://dx.doi.org/10.32662/golrev.v7i1.3265.

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AbstrakPenelitian ini bertujuan 1) Untuk menganalisis penerapan penegakan hukum terhadap pelaku tindak pidana illegal mining di wilayah lingkungan hidup di Konawe Utara. 2) Untuk menganalisis faktor penyebab terjadinya tindak pidana illegal mining di wilayah lingkungan hidup di Konawe Utara. Penelitian ini menggunakan metode penelitian hukum normative. Penelitian normative dipahami sebagai penelitian untuk menguji suatu norma atau ketentuan yang berlaku.Dalam penelitian normative ini, penelitian yang mengkaji peraturan hukum yang bersifat formal seperti peraturan Perundang-Undangan yang berkaitan dengan pembahasan pada penulisan ini seperti Undang-Undang Dasar 1945, Undang-Undang Nomor 32 tahun 2009 tentang perlindungan dan pengelolaan lingkungan hidup. Hasil penelitian ini adalah 1) Faktor penyebab dari terjadinya tindak pidana illegal mining yaitu: a. Faktor sosial; b. Faktor ekonomi; c. Faktor pelaku pertambangan tanpa izin; d. Faktor kurangnya pengawasan dari pihak terkait. 2) Pada penerapan hukum terhadap pelaku tindak pidana ilegal minning tentunya terdapat peraturan yang menjadi dasar penjatuhan sanksi yaitu undang-undang nomor 18 Tahun 2013 tentang Pencegahan dan Pemberantasan Perusakan Hutan yang melakukan kegiatan penambangan didalam kawasan hutan tanpa perizinan usaha dari pemerintah pusat sesuai dengan tindak kejahatan yang dilakukan oleh pelaku. Kata Kunci: Illegal Mining, Lingkungan Hidup, Penegakan Hukum AbstractThis research aims 1) To analyze the application of law enforcement against perpetrators of illegal mining in the environmental area in North Konawe. 2) To analyze the factors causing the occurrence of illegal mining crimes in the environmental area in North Konawe. This research uses normative legal research methods. Normative research is understood as research to test a norm or provision that applies. In this normative research, research that examines formal legal regulations such as laws and regulations related to the discussion in this paper such as the 1945 Constitution, Law Number 32 of 2009 concerning environmental protection and management. The results of this research are 1) Factors causing the occurrence of illegal mining crimes are: a. Social factors; b. Economic factors; c. Factors of mining without a license; d. Lack of supervision from related parties. The factor of lack of supervision from related parties. 2) In the application of the law against perpetrators of illegal mining crimes, of course, there are regulations that are the basis for imposing sanctions, namely Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction which conducts mining activities in forest areas without business licenses from the central government in accordance with the crimes committed by the perpetrators.Keywords: Illegal Mining, Environment, Law Enforcement

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SIAC, CECILIA. "MINING LAW: BRIDGING THE GAP BETWEEN COMMON LAW AND CIVIL LAW SYSTEMS." Mineral Resources Engineering 11, no. 02 (June 2002): 217–29. http://dx.doi.org/10.1142/s0950609802000896.

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Kłoda, Mariusz Tomasz, Katarzyna Malinowska, Bartosz Malinowski, and Małgorzata Polkowska. "Regulacja górnictwa kosmicznego w polskiej ustawie o działalności kosmicznej." Studia Iuridica, no. 88 (December 13, 2021): 171–86. http://dx.doi.org/10.31338/2544-3135.si.2021-88.9.

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Work on the content of the law on space activities has been going in Poland for several years. So far, the drafters have not directly referred to the issue of space mining in the content of the proposed legal act. In this context, it is worth asking whether it is valuable and permissible, in terms of international space law and EU law, to regulate in the future (Polish) law on space activity the matter of prospecting, acquiring and using space resources, i.e. so-called space mining. If space mining were regulated in the Polish space law, Poland would not be the first country to do so. The discussed issues have already been regulated in the national space legislation of the USA, Luxemburg, UAE and Japan. This paper will analyze the issues of space mining as expressed in the current drafts of the Polish space law and foreign space legislation, of space mining as a means of achieving various goals and of the compatibility of space mining with international space law and EU law.

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Bayu Herlambang, Probojati, Rio Aldino Yosevan Silalahi, and Sultoni Fikri. "PROBLEMATICS OF CHANGES IN MINING AND BANK PROVISIONS IN MINING LICENSING AUTHORITY." Jurnal Meta-Yuridis 6, no. 2 (September 1, 2023): 40–48. http://dx.doi.org/10.26877/m-y.v6i2.14291.

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Problems with changing the policy of the Coal Mineral Law, regarding changes to permits, have resulted in some disharmony between the regional government and the central government. This writing was carried out with a focus on writing regarding mining licensing authority with reference to the Minerba Law with Law Number 3 of 2020. The purpose of this research is to evaluate the disharmony of minerba mining licensing policies by the central government towards regional governments. The method used in this research is normative juridical. In conducting research, the author obtains information by digging, finding out and finding a legal principle, rule of law, and legal doctrine which will be used in the future to answer several existing legal issues. The problem with changing policies regarding mining permits is because there are several substantive articles in the law which have logical consequences for the regional autonomy management sector. The takeover of mining licensing affairs by the central government "Centralization" has consequences, namely the reduced function of the state's right to control over the mineral and coal mining sector in regional governments, both provincial and district/city. The centralization carried out by the government is a way of simplifying mining business licensing, so that in this case the central government aims to make policies regarding management and licensing easier

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Ariyanti, Dwi Oktafia, Muhammad Ramadhan, and JS Murdomo. "Penegakan Hukum Pidana Terhadap Pelaku Penambangan Pasir Secara Ilegal di Area Gumuk Pasir." Jambura Law Review 2, no. 1 (January 30, 2020): 30–47. http://dx.doi.org/10.33756/jalrev.v2i1.4376.

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Mining activities has grown very much, a given result is very given an advantage for the miners. Nevertheless, activities which promise this also also bring an adverse impact on man and the environment when this activity was undertaken not based on the regulation that has been set. Mining illegally also occurred at the sandbanks Parangtritis, sandbanks I know about the Parangtritis are unique and useful for maintained because it is being very specific with the form of a crescent or bacon and is the one and only sandbanks found in the southeast Asia. Arrangement about mining activities that environmentally sound has set out in various regulation, but this appears to have not run as expected, so may is still needed law enforcement tighter and clear to mining sand conducted an illegal. The research was conducted by juridical normative is the approach that was undertaken based on material law by means of reviewing the theory, the concept, a normative law and the regulatory legislation that deals with this research. This approach is known the approach literature, namely by studying books, regulation and other documents related to this research. Criminal law enforcement of the mining sand illegally in sandbanks Parangtritis has started to walk but not yet optimal .The laws governing about mining sand has been is in a few rules, but the law enforcement not is the responsibility of law enforcement officials just, law enforcement is also a responsibility community in an effort to ahead and recover crimes sand mining illegally. Obstacles faced by law enforcement in dealing with crimes sand mining illegal in sandbanks Parangtritis are the lack of legal awareness to the community, economic factors, the lack of knowledge of the community towards the impact of mining sand illegally and factors law enforcement. Key word: Criminal law; Sand Mining; Illegal

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Zhang, Meng, Yidong Zhang, Ming Ji, Hongjun Guo, and Haizhu Li. "Research on Physical Similarity Simulation of Mining Uphill and Downhill at the Large-Angle Working Face." Advances in Civil Engineering 2019 (February 3, 2019): 1–19. http://dx.doi.org/10.1155/2019/7696752.

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With the development of coal mining and the continuous expansion of mining intensity, large dip angle comprehensive mechanized coal mining as an important development direction and goal has become a worldwide research topic in the coal industry. The working face faces many production problems that need to be solved, such as the large-angle downhill mining, the large-angle uphill mining, and other complicated geological conditions (such as skew, anticline, and fault). In view of the above problems, with the specific conditions of Xinji No. 2 Mine, through the physical similarity simulation, the research on the roof movement law of the fully mechanized mining face under the mining conditions of large dip angle (depression angle and elevation angle are more than 40° and 20°, respectively) is studied. The distribution law of abutment pressure, movement law, and distribution range of water-conducting fracture zone after mining are emphasized. Meanwhile, the paper analyzes and compares the related mining pressure law of inclined longwall fully mechanized mining face under general conditions, forming a systematic, comprehensive, and scientific understanding of the law of mining pressure under such conditions. This achievement is of great significance to the prevention and control of water, support design, safety production, environmental improvement, improvement of enterprise efficiency, and advancement of coal science and technology.

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Susanti, Liana Endah. "Economic Law Creation Beautiful Global Indonesia." BESTUUR 7, no. 1 (July 7, 2020): 47. http://dx.doi.org/10.20961/bestuur.v7i1.42701.

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Indonesia is the world 's largest archipelago with 1,904,569 km2 of surface area. A very diverse landscape with a variety of abundance of flora and fauna is a special attraction for foreign tourists. Not only that, the natural wealth in Indonesia 's intestines is also very abundant, as are various minerals and richness from other mining materials. However, a abundance of skilled human capital, both in terms of science and technology mastered, do not complement the plentiful natural resources. This is one of the reasons superpowers should be providing cooperation. PT. PT. Freeport is an clear example of Indonesia 's collaboration in the mining sector with foreign parties. The first contract for Freeport-Indonesia was established in 1967. After the Foreign Investment Law was passed in 1967, Freeport became the first foreign mining firm to operate in Indonesia. But the existence of this partnership was regretted by many because it was perceived to be detrimental to the region. The reason is that so far nobody knows for sure how much gold and silver has been produced from the mining to date. The magnitude of the distribution of mining goods is also not quite good given that Indonesia owns land which is turned into gold fields. There are, in fact, many reports uncovering miserable stories of discrimination by indigenous people around the mining region. Justice is once again present as something that is not only wishful thinking, but also noble values that have to be realized for the collective good of the state goals set out in the Pancasila points and the preamble to the Constitution of 1945. Keywords: Mining, PT. Freeport, Discrimination, justice

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Raharjo, Budi. "Effectiveness of Law Enforcement on Mining Crime Without Permission (PETI) in Wonosobo." Jurnal Daulat Hukum 1, no. 2 (June 10, 2018): 531. http://dx.doi.org/10.30659/jdh.v1i2.3327.

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The background of this research is the rampant mining without permission (PETI) due to the mindset of society or mining entrepreneur who is not based on the exploitation of environmental awareness that will have lasting impact on the next generation. This journal aims to analyze the effectiveness of law enforcement on mining crime without permission in Wonosobo. The method used in the form of in-depth case studies, explores and elaborates on PETI mining case. While the documents studied are the Investigation Report of PETI crime suspection in Wonosobo. The analysis is concerned with the investigation of cases of PETI facts in violation of Article 158 of the Mining Act. The results of the research community was not aware of the law related to the licensing of mining, proved the existence of dredging sand in the suspect area, but the mining business is not licensed. The author suggests the socialization of law and public law for the voluntary movement of miners, so a realization that a legal substance in the Mining Act can be used as a means of protecting the public with government and environmental sustainability.Keywords: Effectiveness; Law Enforcement; Mining Crime Without Permission.

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Rohman, Arif, Syafruddin Syafruddin, and Mansyur Masnyur. "Politica of Criminal Law; The Importance of Revision of Mineral and Coal Law: Who Is Benefitted." Journal of Politics and Law 13, no. 4 (October 13, 2020): 156. http://dx.doi.org/10.5539/jpl.v13n4p156.

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Minerals and coal are state owned assets that need to used wisely, although the People's Representative Council (DPR) is yet to ratify them for the 2020-2025 period during the COVID-19 pandemic that has ravaged the world, including Indonesia. The review of the Mineral and Coal has caused many draw backs because it does not follow the principle of balancing and sharing regional authority. This study discusses the principle of strict liability as stipulated in Law No. 3/2020 by examining the urgency for changes and who will benefit from the revision. Doctrinal research was used for analyzing the politics of criminal Law in the Mineral and Coal, both before and in its amendments. Furthermore, Law No. 4/2009 ensnares many people that carry out illegal mining because the mechanism and procedure for the popular Mining license is the same with the mining license of the companies. The content of the amendments to the Mineral and Coal only regulates the sale of 51% foreign shares, but from a criminal perspective and nominalization of criminal fines and the reduction of prison sentence, it can be seen that the new criminal concept does not have a significant meaning for business corporations, as the suspects so far have been people that have been mining in the form of community mining.

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Singh, Pradeep, and Aline Jaeckel. "Undermining by Mining? Deep Seabed Mining in Light of International Marine Environmental Law." AJIL Unbound 118 (2024): 72–77. http://dx.doi.org/10.1017/aju.2024.8.

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Some forty years ago, the UN Convention on the Law of the Sea 1982 (UNCLOS) created an unusual regime for states to collectively manage common natural resources on the international seabed beyond national jurisdiction (known as “the Area”) through the International Seabed Authority (ISA). In the intervening years, scientists have increasingly been warning about the serious environmental risks of mining seabed minerals. At this pivotal point in time, when states are negotiating whether or not to allow seabed mining, this essay explores the risk of undermining by mining, that is, contravening international marine environmental law and the obligations and responsibilities of states thereunder by allowing commercial mining activities to commence. We argue that allowing seabed mining in the Area at this juncture, when so much about the deep ocean remains unknown, would risk frustrating a host of measures, achievements, and progress to enhance marine environmental protection, particularly in areas beyond national jurisdiction. We begin with an overview of the ISA and its work to date, before discussing potential interactions between seabed mining and marine environmental law and policies, with a particular focus on the new ocean biodiversity agreement. We conclude by urging states to take cognizance of their overarching duty to protect and preserve the marine environment and ensure that all decisions taken with respect to seabed mining are consistent with their obligations and responsibilities under international law.

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Listiyani, Nurul, M. Yasir Said, and Afif Khalid. "Strengthening Reclamation Obligation through Mining Law Reform: Indonesian Experience." Resources 12, no. 5 (April 28, 2023): 56. http://dx.doi.org/10.3390/resources12050056.

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Reclamation can produce more value for the environment and create a far better situation than post-mining conditions. While the reclamation obligation policy is a great way to introduce a restorative approach to the environment, the main problem is the disobedience of the mining companies in their reclamation obligation. Therefore, we focused on conceptualizing the strengthening of the reclamation obligation policy in the Mining Act based on the understanding of preventing environmental and social damage. This research is conducted in doctrinal legal studies to create a prescriptive result. Despite the 2020 Mining Act Revision, Indonesia is still facing the previous legal issue due to blind spots in the regulatory framework. Ranging from the continuous conflicts between the mining company and the local community to the problem of non-compliance with the reclamation policy, which has resulted in excavation holes that were left untreated and abandoned, which has created casualties over the years. We offer two major reforms in formulation to strengthen the reclamation obligation. First, is the need to reinforce the essence of “obligation” for IUP and IUPK holders to perform reclamation and post-mining with supervision, as in the Environmental Act. With this formulation, the placement of the reclamation fund by the company does not eliminate the company’s obligation to carry out reclamation and post-mining activities. Second, for the company to comply with placing reclamation and post-mining funds, it is crucial to implement a mandatory condition, whereby the placing of a reclamation guarantees fund is a requirement for approval of the mining plans and budgets (the RKAB), and Clean and Clear (CnC) Certification. Therefore, the reform will cause a shift and strengthen the values of obligation in post-mining reclamations.

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Journal articles on the topic 'Mining law'

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