Liability of Mining Companies Related to Environmental Pollution in the Perspective of Prophetic Law
This study aims to analyze aspects of mining company liability related to environmental pollution in the perspective of prophetic law. A review of prophetic law is used as an analytical knife to confirm the existence of prophetic law, one of which emphasizes "unity" between the interests o...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
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Universitas Muhammadiyah Sidoarjo
2022-12-01
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| Series: | Rechtsidee: Law Journal |
| Subjects: | |
| Online Access: | https://rechtsidee.umsida.ac.id/index.php/rechtsidee/article/view/955 |
| _version_ | 1797265028885250048 |
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| author | St. Muslimah Suciati Asri Sarif Rasmuddin Arfa Arfa |
| author_facet | St. Muslimah Suciati Asri Sarif Rasmuddin Arfa Arfa |
| author_sort | St. Muslimah Suciati |
| collection | DOAJ |
| description | This study aims to analyze aspects of mining company liability related to environmental pollution in the perspective of prophetic law. A review of prophetic law is used as an analytical knife to confirm the existence of prophetic law, one of which emphasizes "unity" between the interests of humans and the universe (including the environment). This research is a normative legal research by prioritizing the concept and statutory approach. The results of the study confirm that proper legal responsibility for mining companies if it is proven that there is environmental pollution in a preventive manner or prevention, mining companies need to anticipate that before mining companies carry out mining activities, they must submit a post-mining reclamation plan and provide a post-mining reclamation guarantee fund. Then in the implementation of mining activities supervision must be carried out continuously and negotiate/persuade or supervise so that mining companies carry out their mining activities in compliance with permit conditions and other conditions for carrying out environmentally sound mining activities. Viewed from the perspective of prophetic law, legal accountability for mining companies in relation to environmental pollution is actually in accordance with three aspects of prophetic law, namely aspects of transcendence, humanization, and liberation. Therefore, in order to make law enforcement effective regarding legal liability for mining companies in relation to environmental pollution, it is necessary to harmonize and synchronize laws and regulations as well as the need for efforts to maintain coherence between statutory regulations and practice in the field. |
| first_indexed | 2024-04-25T00:38:17Z |
| format | Article |
| id | doaj.art-109dd3b4594a4f809856c7f1c0d32622 |
| institution | Directory Open Access Journal |
| issn | 2338-8595 2443-3497 |
| language | English |
| last_indexed | 2024-04-25T00:38:17Z |
| publishDate | 2022-12-01 |
| publisher | Universitas Muhammadiyah Sidoarjo |
| record_format | Article |
| series | Rechtsidee: Law Journal |
| spelling | doaj.art-109dd3b4594a4f809856c7f1c0d326222024-03-12T13:15:24ZengUniversitas Muhammadiyah SidoarjoRechtsidee: Law Journal2338-85952443-34972022-12-011110.21070/jihr.v11i0.95510.21070/jihr.v11i0.95510.21070/jihr.v11i0.955955Liability of Mining Companies Related to Environmental Pollution in the Perspective of Prophetic LawSt. Muslimah Suciati0Asri Sarif1Rasmuddin2Arfa Arfa3Fakultas Hukum Universitas Halu OleoFakultas Hukum Universitas Halu OleoFakultas Hukum Universitas Halu OleoFakultas Hukum Universitas Halu OleoThis study aims to analyze aspects of mining company liability related to environmental pollution in the perspective of prophetic law. A review of prophetic law is used as an analytical knife to confirm the existence of prophetic law, one of which emphasizes "unity" between the interests of humans and the universe (including the environment). This research is a normative legal research by prioritizing the concept and statutory approach. The results of the study confirm that proper legal responsibility for mining companies if it is proven that there is environmental pollution in a preventive manner or prevention, mining companies need to anticipate that before mining companies carry out mining activities, they must submit a post-mining reclamation plan and provide a post-mining reclamation guarantee fund. Then in the implementation of mining activities supervision must be carried out continuously and negotiate/persuade or supervise so that mining companies carry out their mining activities in compliance with permit conditions and other conditions for carrying out environmentally sound mining activities. Viewed from the perspective of prophetic law, legal accountability for mining companies in relation to environmental pollution is actually in accordance with three aspects of prophetic law, namely aspects of transcendence, humanization, and liberation. Therefore, in order to make law enforcement effective regarding legal liability for mining companies in relation to environmental pollution, it is necessary to harmonize and synchronize laws and regulations as well as the need for efforts to maintain coherence between statutory regulations and practice in the field.https://rechtsidee.umsida.ac.id/index.php/rechtsidee/article/view/955prophetic lawenvironmental pollutioncorporate responsibility |
| spellingShingle | St. Muslimah Suciati Asri Sarif Rasmuddin Arfa Arfa Liability of Mining Companies Related to Environmental Pollution in the Perspective of Prophetic Law Rechtsidee: Law Journal prophetic law environmental pollution corporate responsibility |
| title | Liability of Mining Companies Related to Environmental Pollution in the Perspective of Prophetic Law |
| title_full | Liability of Mining Companies Related to Environmental Pollution in the Perspective of Prophetic Law |
| title_fullStr | Liability of Mining Companies Related to Environmental Pollution in the Perspective of Prophetic Law |
| title_full_unstemmed | Liability of Mining Companies Related to Environmental Pollution in the Perspective of Prophetic Law |
| title_short | Liability of Mining Companies Related to Environmental Pollution in the Perspective of Prophetic Law |
| title_sort | liability of mining companies related to environmental pollution in the perspective of prophetic law |
| topic | prophetic law environmental pollution corporate responsibility |
| url | https://rechtsidee.umsida.ac.id/index.php/rechtsidee/article/view/955 |
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