P044 Systemic Environmental Injustice in River-Based Coal Transport: An Analysis from the Perspectives of Islamic Law and Environmental Justice

Abstract

Systemic Environmental Injustice in River-Based Coal Transport: An Analysis from the Perspectives of Islamic Law and Environmental Justice

^1*Haris Retno Susmiyati; ²Ahmad Nafhani; ³Gusti Fadhil FL.

¹²³ Faculty of Law, Mulawarman University, Samarinda, Indonesia

*Corresponding Author’s email: harisretno@fh.unmul.ac.id

Coal transport via river routes is a critical component of the logistics network for the coal extraction industry, particularly in regions characterised by extensive river networks, such as the island of Kalimantan. However, despite its role in energy distribution in Indonesia, this practice gives rise to issues of injustice, both in the policy-making process and in the implementation of legal regulations. This study aims to analyze the injustices associated with the regulation and practice of coal transport by river using the perspectives of Islamic law and environmental justice theory. Within Indonesia’s national legal framework, coal transport by river is governed by various regulations, such as those concerning shipping, environmental protection and management, and water resource management, including regulations on mineral and coal mining. Normatively, these regulations require in-depth scrutiny regarding the adequacy of their provisions; in practice, there are clear inequities, both in policy formulation, which tends to be industry-oriented, and in the marginalization of local communities, including indigenous communities dependent on the river. From an environmental perspective, Islamic law critiques these conditions through the principles of maqashid al-sharia, particularly the protection of the environment (hifz al-bi’ah), life (hifz al-nafs), and the public interest (maslahah). In Islam, humankind is positioned as khalifah, entrusted with the responsibility of maintaining the balance of nature and preventing destruction (fasad). Inequities in coal transport policies and practices that sacrifice the environment and communities constitute a violation of the principles of justice (‘adl), amanah, and social responsibility. Policies that fail to fairly consider the public interest may be deemed inconsistent with the principles of Islamic Sharia. Schlosberg’s theory of environmental justice offers a comprehensive analytical framework through three main dimensions: distribution, recognition and participation. These three dimensions highlight the existence of systemic environmental injustice. The integration of the Islamic legal perspective with the theory of environmental justice provides a more comprehensive approach to understanding and addressing the issues arising from coal transport on rivers.

Keywords: River; Coal; Transport; Environmental Justice; Islamic law;