Transformation of Environmental Regulations in Post-Mining Areas Towards a Just and Sustainable Society

DOI

10.2991/978-2-38476-491-4_3How to use a DOI?

Keywords

Environmental Regulation; Post-Mining; Ecological Justice; Legal Transformation; Sustainability

Abstract

Post-mining areas in Indonesia face serious challenges in the form of environmental degradation, social conflicts, and inequality in the welfare of local communities. Although the legal framework has regulated environmental aspects through Law Number 32 of 2009 concerning Environmental Protection and Management, Law Number 3 of 2020 concerning Mineral and Coal Mining, and Government Regulation Number 22 of 2021 concerning the Implementation of Environmental Protection and Management, the implementation of these regulations has not been able to answer the complexity of problems in the post-mining area as a whole. This paper aims to analyze the normative and institutional gaps in post-mining environmental regulation, as well as offer a more progressive and equitable direction for legal transformation.

Using a juridical-normative approach reinforced by conceptual analysis and ecological justice principles, the study proposes a post-mining legal paradigm that not only focuses on administrative and technical compliance, but also emphasizes the protection of ecological rights, the active participation of local communities, as well as the integration of sustainability values. The results of the study emphasized the importance of strengthening the monitoring mechanism, reformulating indicators of reclamation and post-mining success, and harmonizing sectoral regulations with the principles of sustainable development. This regulatory transformation is expected to encourage the realization of a socially just, inclusive, and ecologically sustainable post-mining society.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - K. M. S. Herman
AU  - Megawati Barthos
AU  - Ridwan Anthony Taufan
AU  - Badrunsyah Badrunsyah
PY  - 2025
DA  - 2025/11/18
TI  - Transformation of Environmental Regulations in Post-Mining Areas Towards a Just and Sustainable Society
BT  - Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
PB  - Atlantis Press
SP  - 13
EP  - 19
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-491-4_3
DO  - 10.2991/978-2-38476-491-4_3
ID  - Herman2025
ER  -