Research Article
Dualism Between Environmental Law and Legal Politics in Coal Mining Business
@INPROCEEDINGS{10.4108/eai.25-5-2024.2349152, author={Bastoni Purnama and Suparno Suparno}, title={Dualism Between Environmental Law and Legal Politics in Coal Mining Business}, proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2024}, month={8}, keywords={dualism politics of law environmental law coal}, doi={10.4108/eai.25-5-2024.2349152} }
- Bastoni Purnama
Suparno Suparno
Year: 2024
Dualism Between Environmental Law and Legal Politics in Coal Mining Business
ICLSSEE
EAI
DOI: 10.4108/eai.25-5-2024.2349152
Abstract
This article discusses the dualism between environmental law and legal politics in the context of coal mining businesses in Indonesia. Coal mining is often a source of conflict between economic interests and environmental protection, creating complex challenges in sustainable policy implementation and law enforcement. Implementation of environmental legal policies is hampered by a lack of effective law enforcement and limited resources, causing serious environmental damage. Community participation in deciding regarding coal mining is also a main concern in this dualism. Legal politics that tend to favor business interests can ignore the aspirations and rights of local communities that are directly affected by mining activities. Corruption and legal uncertainty also strengthen the dualism between environmental law and legal politics in the coal mining business. Corrupt practices and legal uncertainty can hamper law enforcement efforts against environmental violations by mining companies. To overcome the dualism, adequate coordination between government, legal institutions, industry, society, and other stakeholders is needed. To attain sustainable and equitable development for all stakeholders in the coal mining industry in Indonesia, it is imperative to uphold a balance between economic, social, and environmental interests.