Legal Consequences of Takeover of Authority in Mineral and Coal Mining by the Ministry of Energy and Mineral Resources of the Republic of Indonesia

DOI

10.2991/978-2-38476-180-7_158How to use a DOI?

Keywords

Takeover of Authority; Mining Norms; Regional Regulation Norms

Abstract

Naturally, when the Regency/City Regional Government takes over the governing functions of the mineral and coal mining sector, it has implications for obtaining funds from the State revenue sector. The Central Government has taken over authority in the field of mineral and coal mining from the district/city Regional Governments, which previously had the authority to grant mining business licenses in their territories, as a result of the enactment of Law Number 23 of 2014 concerning Regional Government. The dynamics of mineral and coal mining regulations in Indonesia, central and regional authority in the area of mining from the standpoint of state control rights, as well as the effects of legislation taking the control of mining authority from the district/city regions to the center are all research problems. This study is normative in nature and takes a conceptual and legislative approach. Several implications exist in the Law No. 4 of 2009 concerning Mineral and Coal Mining is considered to have not yet made progress in dealing with problems that occur in the mining sector in Indonesia. Renewal of the Minerba Law to become Law no. 3 of 2020 is expected to be able to improve mineral and coal mining so that it has real participation in the community, the authority between the center and the regions, the financial relationship between the center and the regions, and the supervisory relationship between the center and the regions. Results It should be noted that coal and mineral extraction are non-renewable natural resource types with high levels of devastation, so mining operations will have a very negative impact on the surrounding ecosystem and the residents of the mining area. There are (negative) externality criteria in this situation that demand attention. By eliminating the function of district/city regional governments, the severity of damage is increased.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Yapiter Marpi
AU  - Retno Sari Dewi
AU  - Maisa Maisa
AU  - Sokhib Naim
PY  - 2023
DA  - 2023/12/31
TI  - Legal Consequences of Takeover of Authority in Mineral and Coal Mining by the Ministry of Energy and Mineral Resources of the Republic of Indonesia
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 1535
EP  - 1545
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_158
DO  - 10.2991/978-2-38476-180-7_158
ID  - Marpi2023
ER  -