Constitutional Development on Mineral and Coal Governance in Indonesia
- DOI
- 10.2991/assehr.k.211014.031How to use a DOI?
- Keywords
- Development, Constitutions, Mineral and Coal Governance
- Abstract
This study aims to determine the constitutionality development on mineral and coal governance based on constitutions. Normative legal research with statutory and conceptual approaches is carried out in this study. The findings are in line with mineral and coal governance on Government Regulation (PP) Number 1, 2017, on the fourth amendment on Government Regulation (PP) Number 23, 2010 concerning the operational activity of mineral and coal mining. Contradicts to Law of Republic Indonesia Number 4, 2004 concerning Mineral and Coal mining, this is related to whether or not a mineral and coal governance in Indonesia has met the constitutions based. Carry-over requirements as a formality in Mineral and Coal Law formation has a potential problem. Mineral and Coal Law did not meet the carry-over procedure following Law of Republic Indonesia Number 12, 2011 concerning legislation making. Besides, the Central Leadership Council (DPP) did not play a role in the Law-making process. Those factors occurred in the Law-making process, which the problematic legal norms to appear in their formation and caused implementation problems. The problematic legal norms are (1) non-operational legal norms in mineral and coal law (2) conflict of norms in Mineral and Coal Law and Regional Government Law.
- Copyright
- © 2021, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Sinta Ana Pramita AU - I Gusti Ayu Ketut Rachmi Handayani AU - Lego Karjoko PY - 2021 DA - 2021/10/16 TI - Constitutional Development on Mineral and Coal Governance in Indonesia BT - Proceedings of the International Conference on Environmental and Energy Policy (ICEEP 2021) PB - Atlantis Press SP - 141 EP - 145 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.211014.031 DO - 10.2991/assehr.k.211014.031 ID - Pramita2021 ER -