Four regions in East Kalimantan province, including Balikpapan, Kutai Kartanegara, Penajam Paser Utara, and Samarinda, have local regulations known as Perda concerning the permission to open land state (IMTN). As a licensing instrument, IMTN has closely related to other sectors, such as investment, public services, and regional government. The policy's dynamics and changes in those sectors will impact the land sector, including the IMTN regulation. This article aims to examine two issues. First, the status of IMTN norms in licensing law regimes. Second, the conformity of the Perda along with the development of the higher regulations. In particular, the implication of Law No. 11/2020 to Perda IMTN in East Kalimantan and formulate alternative solutions to address the dynamics of land policy at the national level. This research applies normative legal analysis (doctrinal) to examine the relationship between norms within related regulations. This paper reveals that IMTN norms in licensing law regimes are unclear. De jure is a permit, and it means that IMTN should be given before the activities to open state land are conducted (constitutive). De facto, IMTN has more value as an instrument to reaffirms the existing land (declarative). Thus, for its relation to higher regulations, the Perda has not accommodated some provisions on administrative efforts as stipulated in Law No. 30/2014, complaint management as mandated by Law No. 25/2010, and the risk-based approach in business licensing as introduced by Law No. 11/2020. Therefore, Perda on IMTN should be amended or replaced to adjust to higher regulations' norms.
This study is aimed to explore the environmental risk posed by the unsustainable mining activities in Mulawarman village, East Kalimantan, and articulate the disproportionate impact from the perspective of environmental justice on how mining regulations affect the lives of a vulnerable community. A qualitative comparative analysis based on the legislation and administrative rules on coal mining, and a case study of Mulawarman village were adopted. The information was framed based (participatory) observation, and in-depth interview, and purposively conducted to six selected respondents. The result shows how the laws and regulations disadvantage the community and expose them to unequal treatment. The adverse effects of mining activities change the socio-environmental dynamics in this village. Being the breadbasket in 1997, Mulawarman villagers experience the loss of food self-sufficiency, and turn to the government and mining company for social welfare, and clean water. Also, inconsistent and incomplete regulations pertaining to mining, favor to serve the business interests before the environment and the local community. This results in severe encroachment upon community rights and leads to long-term conflicts between mining companies and local communities, and has weakened the capacity of local authorities to help the affected community to recover their rights.
Ecological fiscal transfer (EFT) is an incentive scheme of budgetary transfers from different levels of a government (central and regional) to reward performances in environmental management. In Indonesia, EFT is mainly intended to protect forest zones or protected areas but does not include forested areas in the non-forest zone. This article investigates the opportunities and challenges of adopting the EFT scheme as a policy instrument to maintain the forested areas in Kutai Timur, a district in East Kalimantan province with the largest forested areas in its non-forest zone. This study applies a socio-legal approach along with a regulatory simplification instrument to examine the laws and regulations surrounding the adoption of an EFT scheme in Kutai Timur district. It demonstrates that the Kutai Timur district government can adopt the EFT scheme, given that they have the authority to manage the APL and village funds allocation. The scheme has no specific requirements or standards, identifying priority issues in the environmental sector. To adopt the scheme, the district government should develop criteria and indicators by considering the goals and priorities of district development, the data availability, and the opportunity for every village to implement it. The preparation of these criteria and indicators must be carried out in a participatory and accountable process to be well accepted by the stakeholders. Further, the district government requires integrating the EFT scheme in district policies on village funds allocation. By implementing the EFT scheme, the district government can encourage village governments and villagers to protect and manage forested areas in their village.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.