Coal Mining Operations and Environmental Rights Violations in the East Kalimantan Province, Indonesia

Brill | Nijhoff eBooks(2023)

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Abstract
This article examines two issues: the environmental rights violations by coal mining operations in the East Kalimantan province, Indonesia. The second is the contribution of legislation and permits in the coal mining sector to environmental rights violations. The finding demonstrates that the operations of coal mining companies cause land conflicts and environmental degradation. Air and river pollution, clean water sources disruption, flooding, and destruction of agricultural land and settlements lead to breaches of the right to a good and healthy environment. In addition, this paper shows that the legislation and licensing system of coal mining in Indonesia itself contributed to environmental rights violations. Legislation in coal mining allows the government to issue a coal mining permit on land with land rights or in an area with other land-based activities, such as agriculture and settlements. As a result, it may lead to land conflicts and environmental degradation. Moreover, it is contrary to the role of legislation and permits in natural resources management, namely to ensure equitable access to natural resources and environmental sustainability.
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Key words
environmental rights violations,mining,east kalimantan province,indonesia
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