Proceedings of the 5th Legal International Conference and Studies (LICS 2022)

Developing Halal Mineral and Coal Mining Licenses Through a Fair Criminal Sanctions Policy

Authors
Nusantara Tarigan Silangit1, *, Sri Endah Wahyuningsih1
1Member of the Regional People’s Representative Council Faculty of Law, Unissula, Semarang, Indonesia
*Corresponding author. Email: nusantara.silangit@gmail.com Email: endah.w@unissula.ac.id
Corresponding Author
Nusantara Tarigan Silangit
Available Online 27 June 2023.
DOI
10.2991/978-2-38476-074-9_15How to use a DOI?
Keywords
Development; Coal Mining; Policy
Abstract

In development destination from mining mineral and coal based on Pancasila which mandates existence appreciation balance fulfillment right basic humans to be able realize Justice social for whole group public in deep Indonesia Thing this related right fulfillment need source energy and at the same time right ecological justice. Mandate from this Pancasila then realized in goal stated national in the Fourth Paragraph Opening The 1945 Constitution of the Republic of Indonesia. Implementation criminal in case publishing permission mining mineral and coal During this not yet amp realize Justice for public impacted, hal this seen with lightness threat sanctions in Article 165 of the Law Number 4 of 2009 About Mineral and Coal Mining that is not comparable with the damage environment because mineral and coal mines, as well as delete it Article 165 in Law Number 3 of 2020 concerning Change First Of The Laws Number 4 of 2009 About Mineral And Coal Mining is clear will result in the more rampant publishing permission mineral and coal mining laden will the charge of KKN that will put aside Justice ecological for public affected. To use realize Justice in Thing implementation penalty criminal related deed publishing permission mining deviant and harmful mineral and coal public so already should Article 165 as regulated in Constitution Number 4 of 2009 concerning Mining Minerals are also preserved in Constitution Number 3 of 2020 even added heavy penalty criminal existing prisons and fines, even no only at legal level national but also necessary made by more applicable technical level policy area nor policy village, hal this so that every bureaucrat as holder power in Thing publishing permission mineral and coal can also behave fair especially for need ecological society. So that policy mining mineral and coal able realize Justice as has described above.

Copyright
© 2023 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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Volume Title
Proceedings of the 5th Legal International Conference and Studies (LICS 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
27 June 2023
ISBN
10.2991/978-2-38476-074-9_15
ISSN
2352-5398
DOI
10.2991/978-2-38476-074-9_15How to use a DOI?
Copyright
© 2023 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.

Cite this article

TY  - CONF
AU  - Nusantara Tarigan Silangit
AU  - Sri Endah Wahyuningsih
PY  - 2023
DA  - 2023/06/27
TI  - Developing Halal Mineral and Coal Mining Licenses Through a Fair Criminal Sanctions Policy
BT  - Proceedings of the 5th Legal International Conference and Studies (LICS 2022)
PB  - Atlantis Press
SP  - 125
EP  - 136
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-074-9_15
DO  - 10.2991/978-2-38476-074-9_15
ID  - Silangit2023
ER  -