The Legal Liability of Dead Children Drowns in Coal Mine Pit on Human Rights Perspectiv
Abstract
Children who live in Kalimantan, especially in Samarinda, Kutai Kartanegara
and Paser Regency, should be in an unsafe situation due to economic policies that based
on exploitation of coal mine. Since 2010 – 2017 there were 28 victims, 26 children and 2
adult drowned in coal mine pit. However, the legal process of this case is unfair or far
from the sense of justice for the victims and people, when the case was happening, the
mining company approach to the victim’s family for granting sum of money in return for
a statement letter that it would not prosecute the drowning of children in the coal mine
pit. Two cases were settled legally but those filed to the trial are field workers and
punished lightly. The legal liability has not touched the responsible person of the
business. The case of children drowning in coal pit, under national and international
human rights provitions/instruments is a violation of the child rights, especially the
fundamental right of the child that is the right to life. The removal of a person’s right to
life is a crime against humanity. The rights of the child that being violated are (1) The
Right to Life; (2) The Right to Live Safe; (3) The Right to Obtain the Legal Protection;
(4) The Right to a Healthy Environment; (5) The Right to equal and Equality in Law.
The fast and concrete steps must be taken by the state to provide the sense of justice and
prevent further casualties.
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