Impact of Failure of Alternative Dispute Resolution between Samin Indigenous Movement and PT Semen Indonesia (Persero) Tbk

Abstract

The existence of environmental management that is wise and wise itself has also been contained in the Constitution in Indonesia, especially Article 28H paragraph (1) and Article 33 paragraph (4). To ensure the role of human beings to the environment remains conservative, the state regulates and controls existing natural resources for the greatest prosperity of the people as stated in the Indonesian constitution. This aims to make natural resource management can be utilized not only for the current generation but also for future generations, as well as to maintain the ecosystem to remain sustainable. However, the existence of a green constitution along with recognition & respect of customs contained in the constitution (law in the books) has not yet fully built a strong interdependence (law in action) to create environmental justice. This is evidenced by the many conflicts that occur between indigenous peoples and corporations. The problem studied in this study is the impact of the failure of alternative environmental dispute resolution between the samin indigenous movement and PT Semen Indonesia (Persero) Tbk (hereinafter abbreviated as PT. Semen Indonesia). This study uses a type of socio-legal law research with a sociological approach located research in Rembang. The results showed that every problem that intersects with indigenous peoples should be resolved harmoniously and peacefully with deliberation and consensus. In addition, it is necessary to involve indigenous peoples in determining environmental policies. Then there needs to be harmonization and internalization between environmental policy and local community culture (indigenous legal community).