Legal policy preference for coal mining over other land use alternatives jeopardizes sustainability in Indonesia

Muhdar, Muhamad and Simarmata, Rikardo and Nasir, Mohamad (2023) Legal policy preference for coal mining over other land use alternatives jeopardizes sustainability in Indonesia. Journal of Land Use Science, 18 (1). 395 – 408. ISSN 1747423X

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Abstract

Overlapping claims on land use between coal mining and other land-based activities have led to legal uncertainties, with negative social, economic, and environmental impacts. This study examines overlapping claims on land use arising from inconsistencies with the regulation of Indonesia’s land and resource licensing system and the consequent legal, social, and environmental impacts. This study investigates the overarching issues with the implementation of policies and regulations concerning coal mining licensing in Indonesia. Results indicate that the prevailing legal framework in Indonesia favors coal mining activities over other land uses (including smallholder production of food). The coal mining industry is given preferential treatment regarding land use and licensing compared to other land-based users, resulting in significant social and environmental injustice. Other land-based activities outside the mining sector experience greater legal uncertainty in obtaining equal access to land. This creates difficulty in maintaining continuity in their operations. © 2023 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group.

Item Type: Article
Additional Information: Cited by: 1; All Open Access, Gold Open Access
Uncontrolled Keywords: Coal mine; overlapping claims on land use; legal uncertainty; environmental injustice
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Doctoral Program in Law
Depositing User: Sri JUNANDI
Date Deposited: 12 Nov 2024 01:44
Last Modified: 12 Nov 2024 01:44
URI: https://ir.lib.ugm.ac.id/id/eprint/11126

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