Analisis Yuridis Usaha Pertambangan Oleh Masyarakat Di Kecamatan Latimojong Kabupaten Luwu

Abstract

The purpose of this study is to identify and analyze the legal regulations concerning community-based mining business activities based on the prevailing laws and regulations in Indonesia. This study employs a normative juridical research method to examine the legal framework governing community mining activities. The results of the research indicate that the legal arrangements for community mining in Indonesia have been comprehensively formulated through various regulations, notably Law No. 3 of 2020 (an amendment to the Mineral and Coal Mining Law), the Job Creation Law, and Government Regulation No. 96 of 2021. These regulations reaffirm that the state holds control over mineral and coal resources in accordance with Article 33, Paragraph (3) of the 1945 Constitution. However, in practice, community mining activities often deviate significantly from the applicable legal provisions. Many activities are conducted without permits (Illegal Mining/PETI), outside designated People's Mining Areas (WPR), or without regard for safety and environmental protection. The main factors contributing to these irregularities include the lack of designated WPR, insufficient government guidance, weak supervision, and low legal awareness among the public. Consequently, community mining activities frequently result in environmental degradation, land conflicts with corporations or the government, workplace accidents, and both criminal and administrative legal risks.