Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

Research Article

Juridical Review of Nickel Governance Law in Indonesia

Download658 downloads
  • @INPROCEEDINGS{10.4108/eai.14-4-2021.2312511,
        author={Antonius  Setyadi and John  Pieris and Aartje  Tehupeiory},
        title={Juridical Review of Nickel Governance Law in Indonesia},
        proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLHR},
        year={2021},
        month={10},
        keywords={mineral and coal mining law; sociology jurisprudence; legal typology},
        doi={10.4108/eai.14-4-2021.2312511}
    }
    
  • Antonius Setyadi
    John Pieris
    Aartje Tehupeiory
    Year: 2021
    Juridical Review of Nickel Governance Law in Indonesia
    ICLHR
    EAI
    DOI: 10.4108/eai.14-4-2021.2312511
Antonius Setyadi1,*, John Pieris1, Aartje Tehupeiory1
  • 1: Faculty of Law, Universitas Kristen Indonesia
*Contact email: setyadiset60@gmail.com

Abstract

This study aims to conduct a Juridical review of the Mineral and Coal Mining Industry Governance Law in Indonesia, especially the Nickel Industry, from the perspective of legal typology by Nonet and Selznick and from the perspective of the Sociological Jurisprudence of Roscoe Pound. Changes that occur in the Mineral and Coal Mining Law in Indonesia can illustrate what is meant in the legal typology, from Nonet and Selznick, namely repressive, autonomous and responsive. This is to understand how Indonesia, as a sovereign country, is in the process of being responsive in making laws to achieve the welfare of the Indonesian people as the main goal. Also from Pound's perspective, this research helps to understand how the formation proceeds based on experience, and takes into account the theory of interest, to form a social pattern, for the ultimate goal as stated in the 1945 Constitution Article 33 paragraph (3).