Coal Mining and Human Rights: Initiating The Right To a Good and Healthy Environment as Non-Derogable Right

摘要

The impact of the larger amount of exploited coal causes enormous environmental damage. This sociological legal research finds that coal mining activities have caused human rights abuses because of the loss of a good and healthy environment for society. Whereas according to Article 28H of the 1945 Constitution of the State of the Republic of Indonesia that every person has the right to live in a good and healthy environment. Also in Article 9 paragraph (3) of Act No. 39 of 1999 on Human Rights states that everyone has the right to live in a good and healthy environment. Furthermore, this study found human rights violations that occurred because the act relating to the management of this mining environment is not enforced Both acts relate to environmental management in its mining process as well as laws relating to environmental management after coal mining activities by mining companies. This happens because the law enforcement apparatus does not take appropriate action as set forth in the related law. Interviews and observation data shows that law enforcement officers are apart related to coal mining activities in South Kalimantan. The law enforcement authorities take advantage of non-compliant companies to the law relating to the management of the mining environment resulting in environmental degradation and human rights violations. It seems that cases like this do not only happen in Indonesia, they also happen in other countries. Therefore, the right to a good and healthy environment should be promoted as a non-derogable right.