Legal Culture, Environmental Non-Compliance, and the Persistence of Illegal Mining in Paningkaban

Authors

DOI:

https://doi.org/10.15294/ijcls.v10i1.24008

Keywords:

Legal Culture, Illegal Mining, Environmental Crime, Green Criminology

Abstract

This study explores the socio-legal dynamics behind the persistence of illegal gold mining (PETI) in Paningkaban Village, Banyumas Regency, Central Java. Triggered by the July 2023 tragedy where eight miners perished, this research investigates why formal law enforcement has remained ineffective despite severe environmental harm. Using a qualitative socio-legal methodology with a hermeneutic approach, the study examines the intersection of legal culture and green criminology. Data were collected through in-depth interviews, field observations, and literature analysis. Findings reveal that PETI has been culturally legitimized through local philosophies like sadumuk bathuk sanyari bumi ditohi pati, a Javanese cultural expression emphasizing the sacred duty to protect one’s land and community, even at the cost of life. The study concludes that PETI is socially perceived as a legitimate survival strategy, highlighting the urgent need for culturally sensitive, participatory environmental governance rather than purely punitive measures.

Author Biographies

  • Baginda Khalid Hidayat Jati, Law Doctorate Program, Universitas Diponegoro

    He is a lecturer and researcher at the Faculty of Law, Universitas Jenderal Soedirman, Indonesia, specializing in international law with a focus on crime related to environmental, economic, and sustainable development issues. He is currently pursuing his Doctorate in Law at Universitas Diponegoro, Indonesia, where he is working on a dissertation focused on the development of legal culture as a non-penal strategy to mitigate illegal mining. Khalid has a substantial body of published work in reputable journals, contributing significantly to the academic discourse on international law and sustainability. His research spans various topics, including foreign direct investment impacts on environmental health, regulatory frameworks for marine and biodiversity protection, and the intersection of economic growth with sustainable practices. He has also co-authored studies on legal responses to environmental and human rights challenges, showcasing his dedication to aligning policy with ecological and social responsibility.

  • Esmi Warassih Pujirahayu, Faculty of Law, Universitas Diponegoro

    She is a distinguished legal scholar from Universitas Diponegoro known for her contributions to developing and promoting progressive and spiritually pluralistic law. As a former student and assistant to Prof. Satjipto Rahardjo, the founder of the progressive law movement in Indonesia, she has expanded his fundamental concept that "law is for humans" by integrating her unique exploration of human nature and spirituality, influenced by philosophers such as al-Ghazali. Prof. Esmi's approach emphasizes that law should not only be a rigid system but should embody compassion and be adaptable to societal changes. She has published influential works, including Hukum dalam Perspektif Sosial and Pranata Hukum, Sebuah Telaah Sosiologis, and has inspired many through her teaching and writings. Her philosophy advocates that laws should liberate and be enriched with spiritual and cultural values.

  • Teddy Asmara, Faculty of Law, University of Swadaya Gunung Jati

    He is an esteemed legal scholar and lecturer at Universitas Swadaya Gunung Jati, specializing in criminal law, legal anthropology, and legal culture. His research extensively covers the intersection of economic rationality and legal frameworks, particularly focusing on how these dynamics influence judicial decisions and policy development in Indonesia. Notable contributions include his analysis of the "legal economic culture" of judges and the impacts of economic rationality on criminal cases. Teddy's academic works delve into pressing issues such as environmental law, corruption, narcotics legislation, and the protection of human rights in legal systems. His research outputs, often published in both national and international journals, contribute to a deeper understanding of legal and socio-economic challenges, bridging theory with practical insights for legal policy enhancement.

  • Ridwan Arifin, Faculty of Law, Universitat de Barcelona

    He is a lecturer at the Department of Criminal Law, Faculty of Law, Universitas Negeri Semarang (UNNES), specializing in criminal law, international law, and environmental justice.  He actively teaches undergraduate law courses and supervises numerous thesis projects, focusing on contemporary legal issues including drug trafficking, asset recovery, and cultural heritage protection. Ridwan holds an LL.M, and is currently pursuing his doctorate at the Faculty of Law, Universitat de Barcelona. He has published extensively in Scopus-indexed journals, with notable works on Indonesia’s Penal Code reform and the convergence of terrorism and narcotics law. He serves as Editor for Journal of Indonesian Legal Studies and Lex Scientia Law Review, both Scopus-indexed publications. With an H-index of 6 (Scopus) and 27 (Google Scholar), his scholarship reflects a commitment to justice and legal development. Ridwan is also engaged in community legal empowerment programs, such as the Desa Pancasila initiative, and contributes to legal innovation through intellectual property works and research on ASEAN legal cooperation.

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Published

2025-05-22

Article ID

24008

Issue

Vol. 10 No. 1 (2025): Indonesia J. Crim. L. Studies (May, 2025)

Section

Articles

How to Cite

Legal Culture, Environmental Non-Compliance, and the Persistence of Illegal Mining in Paningkaban. (2025). Indonesian Journal of Criminal Law Studies, 10(1), 149-178. https://doi.org/10.15294/ijcls.v10i1.24008