The Legal Liability of Dead Children Drowns in Coal Mine Pit on Human Rights Perspective

Abstract

Children who live in Kalimantan, especially in Samarinda, Kutai Kartanegara and Paser Regency, should be in an unsafe situation due to economic policies that based on exploitation of coal mine. Since 2010 -2017 there were 28 victims, 26 children and 2 adult drowned in coal mine pit. However, the legal process of this case is unfair or far from the sense of justice for the victims and people, when the case was happening, the mining company approach to the victim's family for granting sum of money in return for a statement letter that it would not prosecute the drowning of children in the coal mine pit. Two cases were settled legally but those filed to the trial are field workers and punished lightly. The legal liability has not touched the responsible person of the business. The case of children drowning in coal pit, under national and international human rights provitions/instruments is a violation of the child rights, especially the fundamental right of the child that is the right to life. The removal of a person's right to life is a crime against humanity. The rights of the child that being violated are ( 1) The Right to Life; (2) The Right to Live Safe; (3) The Right to Obtain the Legal Protection; (4) The Right to a Healthy Environment; (5) The Right to equal and Equality in Law.The fast and concrete steps must be taken by the state to provide the sense of justice and prevent further casualties.