Abstract
In the general explanation of Law No. 4 of 2009 on Mineral and Coal Mining it isoutlined that the Basic Law 1945 Article 33 paragraph (3) affirms the earth, water, andnatural wealth contained therein is controlled by the state and used for the greatprosperity of the people. In this study, the authors examined how environmentaldamage impacts the merapi sand mining in Klaten. The research method used in thisstudy is empirical legal research, where in empirical research emphasizes more on thesymptoms and consequences that occur based on the field, or in another sense thisstudy uses observation methods as primary data to see how the law in action goes.From the results of the research obtained that the impact of merapi sand mining in thecentral java klaten is the first impact on the damage of agricultural land, plantation landthat certainly threatens the availability of land for future generations of farmers thatwill certainly have an impact on food availability, secondly damaging evacuation routesand thirdly disrupting water content, ecology, landslide prone.
Highlights
In the general explanation of Law No 4 of 2009 on Mineral and Coal Mining it is outlined that the Basic Law 1945 Article 33 paragraph (3) affirms the earth, water, and natural wealth contained therein is controlled by the state and used for the great prosperity of the people
Presidential Decree No 70 of 2014 shows in detail and clearly how exactly the reality of Klaten Regency in the Cultivation Zone is more dominant than the Mining zone
Plantation business license is different from land arrangement permit that has previously been issued in Klaten Regency
Summary
In the general explanation of Law No 4 of 2009 on Mineral and Coal Mining it is outlined that the Basic Law 1945 Article 33 paragraph (3) affirms the earth, water, and natural wealth contained therein is controlled by the state and used for the great prosperity of the people. Considering minerals and coal as natural wealth contained in the earth is an un renewable natural resource, its management needs to be done as optimally as possible, efficient, transparent, sustainable and environmentally minded, and fair in order to obtain the most benefits for the prosperity of the people in a sustainable manner. In the consideran letter of Law No 4 of 2009 on mineral and coal mining it is clear that mineral and coal mining business activities that are mining business activities outside of the petroleum, oil and gas and groundwater have an important role in providing real added value to national economic growth and sustainable regional development.. In order to implement decentralization and regional autonomy, the management of mineral and coal mining is implemented based on the principles of externality, accountability, and efficiency involving the Government and local governments. Article 2 of Law No 4/2009 on mineral and coal mining confirms that mineral and/or coal mining is managed based on: 1. Principles of benefit, fairness, and balance;
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