Protection Against Intimidation of Local Communities Defending Their Land Rights From Coal Companies in Tanah Bumbu District
Abstract
This research is entitled PROTECTION AGAINST INTIMIDATION OF LOCAL
COMMUNITIES DEFENDING THEIR LAND RIGHTS FROM COAL COMPANIES IN TANAH
BUMBU DISTRICT. The formulation of the problems posed are: The formulation of
the problems raised are: 1. What is the form of legal protection for the community
related to coal mining activities against intimidation by mining companies in Tanah
Bumbu District? 2. How should the law protect local communities in mining
conflicts related to coal mining activities from intimidation by mining companies
in Tanah Bumbu District? The purpose of this research is to analyze the form of
legal protection for the community related to coal mining activities that are
detrimental to the community around the mining site, as well as to find a settlement
of disputes over claims for compensation for the community around the mining site.
This research is primarily a normative legal study, in which the method used must
be centered on legal documents as the main source. This study uses legal, historical,
conceptual, and comparative approaches: The legal approach is used in this study
to answer the first and second problem formulations. The first formulation of the
problem is used to analyze how the law protects against intimidation of commoners.
In addition, this approach is also used to find and analyze how to overcome this
problem so that there are no more victims. The research results found forms of
protection law against the community for coal mining activities and the
responsibility of coal mining companies that harm the community around the
mining site is associated with the decision of the Batulicin District Court in
resolving disputes related to mining activities. A historical approach is used in this
study to analyze the development of mining law in Indonesia, especially coal
mining and the number of small communities who are victims. A conceptual
approach is used in this study to analyze the second problem formulation related to
the choice of developing a national criminal law instrument for the criminalization
of common people.
Collections
- Law [2361]