Mining is one of the sectors that becomes an economic country’s support until now. Environmental issues is kind of difficult things and can’t even be separated from mining activities. Belitung island is as part of the largest tin-producing province in Indonesia that has been exploited since the 18 century. It also has experienced the environmental crisis as well as other mining areas has in Indonesia. This research is conducted as an effort to discover and unravel the problematic implementation of reclamation on the ex-tin mine’s land in Belitung Island by using a conceptual approach and legislative approach. Based on the observation’s result, it shows that the reclamation’s result in Belitung Island has not been successful. Data from PT Timah (Persero) Tbk about the reclamation in Belitung Island also shows that the realization is far from the plan. There is no target that achieved successfully every year, also there is no reclamation that reaches 50 percent, the maximum is only 25 percent in 2016. th
Tins mining at Belitung Island had been started since 17th century, since the era of British colonialism, Dutch, Japan invasion until independence era and nowadays, tins exploitation still exists. Tins mining activities make an impact to living environment condition in Belitung island. Hundreds holes of tins exploration called “kolong” (pit) can be found easily. In good mining practice context and mining regulation, tins mining exploitation should be ended with reclamation, so, the impact of environmental damage could be minimize. But, in implementation there are many problem, such as neglect of reclamation obligation, minimum realization, wrong perception about reclamation guarantee, the results of the reclamation that being mined again, and lack of supervisions. This research focused to analyze some of those problems in a integrative law enforcement framework. This research is a qualitative research with primary data and secondary data. The data collection techniques are through literature study and interviews with related stakeholder, and also do observations at reclamation sites. This research show that reclamation responsibilities Implementation’s problems caused by many factors, and through integrative law enforcement approach focused on three study’s components, which is legal substance, legal structure components, and legal culture components can encourage tins mining reclamation at Belitung Island in line with good mining practice principle and sustainable development with environmentally conception.
Verdict Sungailiat Court Number 03/Pdt.G/2012/PN.Sgt in the verdict has stated the defendant (Feng Jung) has committed acts againts the law by certifying a plot of land to a National Land Agency of Bangka Regency on the Right Certificate Number 2305 was issued by the National Land Agency if Bangka Regency in 2003, but was sued by the plaintiff (Tjong Ana) in 2012. The results of research, Paragraph 32 Sentence 2 of Government Regulation Number 24 of 1997 have been fulfilled by defendant in conducting process of land registration of Certificate of Property Number 2305 so that this provision is absolutely to run and about absolute authority to run about absolute authority of judge, that a judge of a Public Court is not authorized to declare a Certificate of Property Number 2305 has no legal force, and certificate that is a powerful evidentiary tool has become an absolute if element of Paragraph 32 Sentence 2 of Government Regulation Number 24 of 1977 has been fulfilled.
Human Rights is a moral principle and its justification is in the philosophical moral.Understanding of human rights in the perspective of philosophical morality is believed to find the correct or at least deepening arguments for understanding the truth of human rights.Pancasila as the ideology of the Indonesian contains the idea that humans are created by God by carrying out two aspects, namely aspects of individuality and aspects of sociality. Therefore, everyone’s freedom is limited by the rights of others. This means that everyone has the obligation to recognize and respect the human rights of others.
Tujuan penelitian ini adalah untuk mengetahui dan menganalisis kinerja pengelolaan dana desa berbasis kompetensi aparatur desa melalui partisipasi masyarakat sebagai variabel moderasi. Penelitian ini merupakan penelitian kombinasi dan bersifat eksplanatori (explanatory research) dengan pendekatan SEM Moderating menggunakan SmartPLS (Partial Least Square). Data penelitian adalah data primer yang diperoleh dari penyebaran kuesioner kepada 100 responden masyarakat Kecamatan Tempilang Kabupaten Bangka Barat. Hasil penelitian menunjukkan bahwa terdapat pengaruh positif variabel kompetensi aparatur desa dan partisipasi masyarkat terhadap kinerja pengelolaan dana desa. Variabel partisipasi masyarakat tidak memoderasi pengaruh kompetensi aparatur desa terhadap kinerja pengelolaan dana desa.
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