Peggy Dian Septi Nur, Angraini and Absori, Absori and Aidul Fitriciada, Azhari (2022) Polemik Omnibuslaw: izin & pengadaan tanah terhadap resiko bencana kerusakan lingkungan Wadas, Kecamatan Bener, Kabupaten Purworejo. Jatijajar Law Review, 1 (2): 2. pp. 107-122. ISSN 2829-1069
2829-1069_1_2_2022-2.pdf - Published Version
Download (199kB) | Preview
Abstract
Law Number 11 of 2020 concerning Job Creation was prepared using the Omnibuslaw approach. Various problems of agrarian conflicts that occur in Indonesia are the rejection of the community in environmental aspects associated with events that occurred in Wadas Village, Bener District, Purworejo Regency. The purpose of this paper is to find out the scope of the permit arrangement and land acquisition for the construction of the Benar Dam in Wadas Village, Bener District, Purworejo Regency and Law Number 11 of 2020 concerning Job Creation which results in disaster risk for mining in Wadas Village, Bener District, Purworejo Regency. The method used in this paper is a normative juridical research method using a statutory approach, a conceptual approach, and a case approach. The results of the writing show that the Bener Dam as a National Strategic Project (PSN) was established through Presidential Regulation of the Republic of Indonesia Number 56 of 2018 concerning the Acceleration of the Implementation of National Strategic Projects (PSN). Decree of the Governor of Central Java Number 590/41/2018, Number 539/29/2020, and Number 590/20/2021 was stipulated Regarding Approval for Determination of Land Procurement Locations. Regulation of environmental licensing policies for andesite mining business activities for the construction of the Bener Dam in Puworejo Regency: 1). simplification of licensing: Article 1 number 35 of Law Number 32 of 2009 concerning Environmental Protection and Management has been changed to environmental approval of Law 11 of 2020 concerning Job Creation. 2). Amdal: Law 11 of 2020 concerning Job Creation The making of Amdal as a feasibility test and business licensing results in the role of the community being limited, such as the role of environmental observers and environmental organizations . 3) Land Procurement policy Law Number 11 of 2020 concerning Job Creation stipulates in the form of a Government Regulation concerning the Implementation of Procurement for Development for the public interest. Thus revising Law No. 2 of 2012 concerning Land Procurement for Development for the public interest. Then the centralization of authority and convenience for National Strategic Projects (PSN) in Law Number 11 of 2020 concerning Job Creation has the potential to have an impact on increasing risks and vulnerabilities. Licensing and land acquisition actually cause the shrinkage of living space and invite conflict and criminalization of residents who maintain their living space.
Item Type: | Article |
---|---|
Uncontrolled Keywords: | Omnibus law, Permit, Land acquisition, Environmental damage, Disaster risk, Wadas Village |
Subjects: | Problem Solving Information for State & Local Governments > Environment Social and Political Sciences > Education, Law, & Humanities |
Depositing User: | - Rulina Rahmawati |
Date Deposited: | 16 Feb 2024 04:00 |
Last Modified: | 16 Feb 2024 04:00 |
URI: | https://karya.brin.go.id/id/eprint/23204 |