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      ENVIRONMENT CONFLICT RESOLUTION TO THE KARST TOPOGRAPHY EXPLOITATION WITH STRICT LIABILITY PRINCIPLES

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      Date
      2017-10-28
      Author
      WIDOWATY, YENI
      FITRIYANTI, FADIA
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      Abstract
      In conducting mining activities, the community of Gunung Kidul is less concerned about environmental aspects. There are also companies that do it with large tools, thus causing the environmental damage and also a conflict between them. This research is socio-legal research. The type of data used in this research is primary data and secondary data. The result of the research shows that 1) the current regulations are Government Regulation No 26 of 2008 on National Territorial Layout Plan and the Regent of Gunung Kidul Circular Letter No 540 of 2011 about the prohibition of mining in karst area not going well. The latest Regulation is the Governor of the Special Region Yogyakarta No 31 of 2015 on The Procedures of Granting Mining Business License, where the mining sector which previously was the authority of the district government, was changed to the authority of the provincial government. 2) Despite some regulations that prohibit the mining of karst areas, mining by some parties are still ongoing. Each has a different interest. The author argues that the principle of strict liability should be strictly enforced. 3) Article 88 of Law No. 32 of 2009 has regulated the strict liability but until now there are no rules of implementation, so it is not easy to apply.
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      http://repository.umy.ac.id/handle/123456789/18801
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