LIABILITY OF MINING COMPANIES IN REALIZED LEGAL PROTECTION FOR COMMUNITIES AROUND MINING AREAS: ANALYSIS OF LEGAL THEORY AND NORMATIVE CONSTRUCTION

Le résumé fourni par la source

Mining activities in Indonesia, despite being a pillar of the economy, give rise to complex problems related to liability for environmental damage and social losses. This study examines the normative and theoretical construction of liability for mining companies to formulate an effective legal protection model for communities surrounding the mine. Using normative legal research methods through a statute approach and a conceptual approach , this article deeply analyzes the nature of liability, its underlying philosophical dimensions, and the relevance of key legal theories such as strict liability, vicarious liability , and corporate criminal liability . The analysis reveals a significant gap between the existing regulatory framework and the implementation of law enforcement in the field, resulting in weak protection for communities and the environment. As a novelty, this study offers an Integrative Model of Liability that synergizes the preventive (participatory supervision), repressive (progressive sanctions), and restorative (justice-based recovery) dimensions. This model is designed not only to provide a deterrent effect but also to ensure environmental restoration and the just fulfillment of community rights, moving from a punitive paradigm to restorative justice. This article concludes that comprehensive legal reform, institutional strengthening, and community empowerment are key to realizing just and sustainable mining company accountability.

Ce résumé expose les affirmations des auteurs. BNTIC ne l’interprète pas comme une validation indépendante des résultats.