The Constitutionality of Indonesian Mining Law Reform

DOI

10.2991/978-2-38476-180-7_139How to use a DOI?

Keywords

constitutional; reform; law; mining

Abstract

Mining extraction in Indonesia has been carried out from the new order to the reformation, with the consequence that thousands of mining licenses have been issued, causing environmental crises and casualties. That is through the dynamics of licensing authority arrangements which still cause controversy. The method used is doctrinal legal research with a qualitative approach. The research focuses on the constitutionally of mining governance after the revision of the mineral and coal law and establishment of the Omnibus Law on Job Creation and the implications of these arrangements for society and the environment. The result shows that the Indonesian constitution emphasises that the state controls the mining resources intending to create the greatest prosperity for the people. The constitutional right of citizens to obtain a good and healthy environment is also guaranteed. However, the mining governance since the new order has only been orientated towards extracting natural resources, which leaves the constitutional mandate for welfare. Mining law reform has instead led to changes in the mining legal system that favour entrepreneurs through simplification of licensing, ease of investment, and ignoring good environmental standards. Mining law reform implies that mining extraction is increasing, worsening the environmental crisis and threatening the safety of citizens. Therefore, mining law reform is needed, which can restore the environment and ensure the safety of citizens.

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.

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TY  - CONF
AU  - Rosmini
AU  - Haris Retno Susmiyati
AU  - Rahmawati Hidayah
AU  - Zainuddin Zainuddin
AU  - Syifa Nur Aini
PY  - 2023
DA  - 2023/12/31
TI  - The Constitutionality of Indonesian Mining Law Reform
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 1368
EP  - 1376
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_139
DO  - 10.2991/978-2-38476-180-7_139
ID  - 2023
ER  -