preprints.org > social sciences > law > doi: 10.20944/preprints201908.0058.v1

Preprint Article Version 1 This version is not peer-reviewed

Version 1 : Received: 2 August 2019 / Approved: 5 August 2019 / Online: 5 August 2019 (08:27:43 CEST)

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.

risk distribution; Mulawarman village; coal mining; environmental justice; Indonesia