Perlombongan Arang Batu dan Hak Asasi Manusia di Kalimantan Selatan-Indonesia

• Main Author: Jalaluddin, ,
• Format: Thesis
• Language: English
• Published: 2011
• Subjects: K Law (General)
• Online Access: http://etd.uum.edu.my/3449/1/JALALUDDIN.pdf; http://etd.uum.edu.my/3449/

For South Kalimantan Province. coal mining industry is just like a belle, because this sector has given big impacts to the region's economic development and a source of income for the development. It can be said that coal mining industry plays an important role in the economy of the province. either in the past or today. However, beside of its high value as the capital of development, its limited availability for a certain period has often been ignored. Likewise. many rules that should have been obeyed as the basis to manage the developmental efforts or activities in economy are often missing froin attention. so that while the availability is decreasing, the environmental quality is also deteriorating. International demands on coal products have encouraged the miners in South Kalimantan to boost their production. We can see that the exploitation of coals continues to increase so that South Kalimantan has turned to be the second largest coal producer in Indonesia. But most of the products were exported abroad for the developed countries, whereas many parts of this province (even others of the country in general still cannot fulfil their people's need of energy. Meanwhile, years of coal exploitation have caused heavy destruction to the environment. This sociological research of law has found that mining activities has violated human rights due to the destruction of proper and healthy environment for the society. Article 28H of the Indonesian Constitution (UUD 1945) declares that every human being has the right to live in a proper and healthy environment. The same declaration is also stated on the Article 9(3) of the Law No.39 of 1999 of Human Rights. The next finding in this research is that the violations are caused by the failure to enforce the laws of environmental restoration of mining sites. The law failures are happened both during the exploitation and after the exploitations are ended. That is happened because the law enforcement officers in the field failed to do their duty as mandated by the laws. The data collected from interviews and observation showed that the field officers took part in the mining activities as they act as back up security for the mining companies, despite their violation of those environmental laws and rules.