A Combined Imposition of Administrative and Criminal Sanctions for Negligence of Corporate Post-Mining Obligations: A Comparative Study of Indonesian, Thailand, and South African Mining Regulations
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Abstract
The legal formulation for a proper and sufficient provision in punishing corporate post-mining obligations is unfortunately not being noticed by the legislature of mineral producer countries around the globe. Whereas, negligence of corporate post-mining obligations has brought direct and indirect damages, not only against the environment and the local community but also against the corporation itself. It is argued that the imposition of administrative sanctions against the negligence of corporate post-mining obligations has considerably met the due deter. Nevertheless, by referring to the Indonesian, Thailand, and South African mining regulations, negligence of corporate post-mining obligations is punishable by a combined imposition of administrative and criminal sanctions both to the corporation and its responsible officers. Thus, it is questioned whether or not such combined imposition of administrative and criminal sanctions for the negligence of corporate post-mining obligations is disproportional and over-deterrent to the side of the corporation. Therefore, this article will elaborate and discuss the application of the combined imposition of administrative and criminal sanctions for the negligence of corporate post-mining obligations to acknowledge whether or not such combined imposition is disproportional and over-deterrent.
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