Mining Businees Licensing in Indonesia: Perspective Administrative Law After the Revision of the Mineral and Coal Law (original) (raw)

Administrative Law Enforcement in Mining Businesses in Indonesia

Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018), 2018

The condition of administrative law enforcement in the environmental field is in fact still very concerning. The reality of this condition can be observed from various examples of violations regarding protected areas, sectoral permits that have not been utilized to control environmental impacts, careless waste disposal activities and weak law enforcement in the provision of administrative sanctions. Administrative sanctions are essentially regulated as the realization of environmental laws to guarantee the right of citizens to good and healthy environment as a basic right of every Indonesian citizen as mandated in Article 28H of the 1945 Constitution of the Republic of Indonesia Indonesia is a country very rich in natural resources. The implementation of mining activities or the extraction of natural resources in Indonesian territory, therefore, requires permit aimed to protect them from total exploitation. The natural resources are divided into two, i.e. renewable resources and non-renewable resources. In terms of business licenses from the government, especially mining, the license is granted by the central and regional governments for mining business license holders, with predetermined mining areas covering the determination of mining areas, classification of mining areas and criteria used in determining mining areas regulated in Law No. 4 of 2009 concerning Mineral and Coal Mining. A mining business license (IUP) is a permit to carry out mining business in the framework of mineral exploitation that includes stages of general investigation, exploration, feasibility studies, construction, mining, processing and refining, transportation and sales activities, and post-mining activities. In the implementation of these mining activities, the permit holders do not always implement and comply with various laws and regulations. Of course, those who violate the provisions of the legislation are possibly subject to administrative and criminal sanctions. This paper aims to analyze the administrati ve law enforcement in environmental field, especially in granting mining business licenses known to deal with a lot of abuse of authority, so that only a handful of people get the benefits. The disadvantaged people, on the other hand, are those who are affected by environmental damage caused by uncontrolled large-scale mining, which highlights the need of administrative law enforcement as a means of controlling.

Indonesian Mining Regulations Shift as a Potential Sector in Developing the Economy

Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo

Law/regulation on mining play a significant role, because mining sector is a potential sector for developing the economy of Indonesian. Law on Mining underwent several amendments, namely the era of Law Number 11 of 1967, Law Number 4 of 2009 and Law Number 3 of 2020. This article will analyze shiftss in mining sector regulations from each of these eras. This article uses normative juridical methods, with statutory, contextual, historical, and comparative approaches, and is analyzed qualitatively. The results of the study show that between Law No. 11 of 1967 to Law No. 4 of 2009 and Law no. 3 of 2020 underwent a change, namely from a centralized arrangement, where the mining sector holding power became a matter for the central government to decentralization, handed over to local governments. Another change is in the field of relations between the government and capital or investors, the contract of work model becomes licensing. The impact on the contract of work model is that the sta...

SHIFTING OF WORK CONTRACT SYSTEMS TO MINING BUSINESS LICENSES: BUREAUCRATIC EFFICIENCY AND CUSTOMARY LAW COMMUNITIES IN MINERAL AND COAL MINING IN INDONESIA

International Journal of Law, Humanities & Social Science, 2020

This article seeks to describe the management of natural resources in the form of mineral and coal mining related to the rights of the Customary Law Community. With the enactment of Law Number 4 of 2009 concerning Mineral and Coal Mining, it has given a new face because the Contract of Work system has been changed with a Mining Business License. This change shows bureaucratic efficiency, emphasizes decentralization, and places the country as a regulator and oversight of the management of mineral and coal natural resources. This article is the result of doctrinal research using library materials as the main source of information. The legislative approach, historical approach, and approach are used to solve research problems. The research shows this law ignores the provisions concerning the resolution of dispute resolution. On the next side, the rights for the Customary Law Community have not received the most attention. In addition to regulating these entities which are scattered in various laws and regulations, the absence of a mechanism for fulfilling the rights to information on management and control of mineral and coal mining is a separate issue. This article has an important level of urgency in order to understand the new mining law policy in Indonesia. As a new policy, of course, the object of discussion in this article is something new and is expected to be a strong basis for further research.

Mineral Business Permits and its Legal Implications to Improve Welfare of Indonesian People

Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018), 2018

Permission terminology is distinguished by the terminology of mining power. This terminology changes in line with the issuance of Law No. 4 of 2009 on Mineral and Coal Mining which replaces Law Number 11 Year 1967 on Basic Provisions of Mining. The implication is that the licensor can no longer easily to issue a mining business permit, because it has to pay attention to the consequences on every license made. Therefore, implicitly, the licensor will in the beginning of the permit application consistent with the purpose of mineral and coal legislation in an effort to improve the welfare for the people of Indonesia. This research is a normative legal research with philosophical and conceptual approach. The purpose of this research was to philosophically analyze the management of mining activities in Indonesia. The result of the research revealed that the change of nature and form of the concession poured one of them in the form of mining authority, it becomes a form of permit resulting in institutional strengthening in the realization of Article 33 paragraph (3) and paragraph (4) of the 1945 Constitution of the Republic of Indonesia as the legal basis implementation of the principle of corporate social responsibility. Nevertheless, Law No. 4 of 2009 on Mineral and Coal Mining does not explain explicitly about what is meant by a business entity, whether in the form of Limited Liability Company (PT), CommanditeireVennotcshap (CV) or Firma. Since it is related to the implementation of corporate social responsibility principle related to the provision of Article 74 of Law Number 14 Year 2007 regarding Limited Company, CV and Firma. They have no obligation to implement the principles of corporate social responsibility.

The Urgency of Establishment Supervisory Board Mineral and Coal Mining in Indonesia: The Prospect and The Development

From 2005 to November 2014, there were 248 head of local government involved in corruption cases. If left unchecked, the 20-year losses to the state of the mines could Rp200, 75 trillion. The natural resources shall be used for the general welfare of society and or public interest. It is in line with The 1945 Constitution of Indonesia referred to Article 33 paragraph (3) which states that the earth, water, and natural resources contained therein shall be used for common good. Mineral and Coal already stipulated in Law No. 4 of 2009, and Government Regulation No. 55 of 2010 and more specified by the Local Regulation, in terms of the authority on supervision and licensing given to the Executive Institutions such as the Ministry, Governor and Regent / Mayor, while the executive organ may come from political parties which has political interest. Hence, the urgency of the establishment Supervisory Board Mineral and Coal Mining or Badan Pengawas Pertambangan Mineral dan Batubara (BP2MB) must be established, because the mineral and coal management must be handled by an independent agency in the process of supervision, licensing and inspection files, and business licensing, in order to maximize in promoting the welfare of society, and prevent coruption in the management of mining and coal. The methodology in this research is the methodology of normative legal research, at least contain: method used in the preparation of an academic paper, among other normative juridical method. Data Collection and Processing Methods based on primary data, secondary, and tertiary. Keyword: Urgency, Supervision Body, Mining

Governance Mining Licensing in Central Sulawesi Post Mining Law Reform and Law Job Creation

Indonesian Journal of Social and Environmental Issues (IJSEI)

This article aims to explain the governance of mining permits after the reform of the mining law and the issuance of the law on job creation. The research design used descriptive qualitative. The results of the study found: First, the Ministry of energy and mineral resources is the leading sector in the management of the mining sector at the national level. Meanwhile, at the local government level, the provincial and district/city offices of energy and mineral resources are played. Second, in Central Sulawesi Province mining business permits are issued by the One Stop Service Investment Office. Before the omnibus law, there are at least five stages that are passed in the licensing process, namely the application for a mining business area permit, an application for an exploration mining business permit, an application for a principle permit for the use of national strategic area space, and an application for an Environmental Feasibility Decree and Environmental Permit, as well as an...

Building an Integrated Mining Licensing System in Order to Preserve the Environment in Indonesia

E3S Web of Conferences, 2018

The consideration of economic interests (economic approach) has led to various problems in building a licensing system. In addition to economic sentiment, there are also sectoral ego of technical institutions and inconsistencies of various mining laws and regulations in the context of environmental preservation. The research aims to find solutions for the development of integrated licensing in the field of mining in order to maintain the sustainable environment in Indonesia. This research method of writing is a legal research. The research used statutory approach approach, comparative approach. After that, the study was analyzed using cystensis analysis. The results of the research indicate that building an integrated mining licensing system in the framework of environmental maintenance can be done through the synchronization of legislation related to mining licensing. Singronization focuses on mining which has a direct relationship with sustainable environmental maintenance and an ...

Unlicensed Mining as an Alternative Policy: Valuable Experiences in Southeast Sulawesi and East Java

Unlicensed mining has been a worldwide issue, including several regions in Indonesia, such as Southeast Sulawesi Province and East Java. The issue that will be examined in this paper is the policies to overcome the unlicensed mining in Southeast Sulawesi Province and East Java. In order to answer the issue, the type of research is socio-legal, by using the primary data in the form of interview result and secondary data in the form of documentsī€ the data were obtained from field study and study of literature. The research result shows that the effort to overcome the unlicensed mining by the Government of Southeast Sulawesi Province and East Java are different. The Government of Southeast Sulawesi Province applies the alternative policies such as the unlicensed mining control, aside from the law enforcement policy conducted by the police, prosecutor, and court. This differs from the Government of East Java which views that the law enforcement policy as the only means to overcome unlicensed mining. Unlicensed mining control conducted in Southeast Sulawesi could be an alternative policy since it delivers benefit such as the gaining of valid data of the unlicensed mining location, increasing the community awareness, as the instrument to protect the environment and so forth.

The Implementation of Non-Clear and Clean Mineral and Coal Mining Business License Revocation by the Governor of West Sumatera Based on the State Administration Court Decision Number 2 / P / Fp / 2017 / Ptun.Pdg

Proceedings of the Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2019), 2020

In order to control Mining Business Permits, a policy was made regarding the evaluation and procedures for issuing Mining Business Permits and Clear and Clean (CnC) status which is regulated based on Ministerial Regulation Number 43 of 2015. However, even though there are provisions that regulate it, there are still problems. One of the case is in West Sumatra which was not revoked by the Governor of West Sumatra so that it was sued with a positive fictitious lawsuit by the Yayasan Lembaga Hukum Indonesia (YLBHI) which then created to a State Administrative decision Number 2 / P / FP / 2017 / PTUN.PDG. In this decree instructing the Governor to revoke 26 (twenty six) Non-CnC Mining Business Permits which are still active and have not expired. But in its implementation, the Governor of West Sumatra only revoked 21 (twenty one) of them. The method used in this study is normative legal research with the approach of laws and cases. The results of the study indicate that the Governor of ...