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.