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

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

Russian Law Journal

The regulation of mining business licenses (IUP) has experienced dynamics. In Law No. 4 of 2009 on Mineral and Coal Mining (Minerba Law), the central and regional governments exercise the licensing authority proportionally. Then, in 2020, the head of mining licenses was changed again through Law No. 3 of 2020. Based on this law, the licensing authority is fully vested in the central government. This shift in licensing authority is interesting to study. The study departs from the questions: (a) how are the boundaries of legal and illegal mining businesses in Indonesia; (b) how are the procedures and requirements for obtaining an IUP from an administrative law perspective; (c) how are the sanction arrangements for illegal mining business actors after the revision of the Minerba Law. This study departs from the use of normative legal research methods with a statutory approach and conceptual approach. Finally, the study results reveal that the basic principle underlying the management o...

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

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...

Constitutional Development on Mineral and Coal Governance in Indonesia

Advances in Social Science, Education and Humanities Research, 2021

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. Carryover 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) nonoperational legal norms in mineral and coal law (2) conflict of norms in Mineral and Coal Law and Regional Government Law.

The Impact of Indonesia's Mining Industry Regulation on the Protection of Indigenous Peoples

Hasanuddin Law Review

The government has established various policies regarding mining in Indonesia. Still, an important question that needs to be asked is whether these policies have provided benefits, justice, and balance for indigenous and tribal peoples. This study aims to analyze the impact of Indonesian mining regulations on the protection of indigenous peoples. This is a normative legal research effort. The literature review gathers information from document analysis, which is analyzed qualitatively. Data analysis is descriptive-analytic in nature. The study results show that the impact of mining regulations still needs to reflect the recognition and protection of the rights of indigenous peoples. There is a need to improve mining management legislation and systems. Standardization of reclamation and post-mining management is required to provide implementation guidelines that meet the needs of the community. It has no negative impact on the community surrounding the mine. Licensing is one policy t...

STATE’S MINING RIGHT ON OIL AND GAS INDUSTRIES OF INDONESIA (Normative Research of Act Number 22 Year 2001 About Oil and Gas )

2013

Since the Independence, Indonesia have primary economy income by Oil & Gas Mining Industries. In the development of law, Oil & Gas Mining Sector have some problem based on Act No. 22 Year 2001, for instance the state’s mining right, oil & gas Mining Purpose and oil & gas mining development under the law. In the Oil and Gas Concession countries have a position on the sovereignty of natural resources of oil and gas to the maximum benefit of the people, the law in dynamics and exploitation of oil and gas have also performed three times the testing of oil and gas law and produce interpretations Court Constitution of phrase controlled by the state that notion, controlled by the state should be interpreted to include the meaning of control by the state in a broad conception sourced and derived from the people of Indonesia's sovereignty over all sources of wealth, earth, water and the natural riches contained therein, including the therein collective sense of public ownership by the pe...

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.

Legal Status of Land Rights of the Mining Companies in Central Sulawesi

Tadulako Social Science and Humaniora Journal

This study aims to describe and analyze the legal status of mineral mining companies' land in Central Sulawesi, and secondly to explore and/or find alternative concepts in the field of land use adopted by the community in the mining area and its surroundings. To achieve this goal, a sociological/socio legal research method will be used. Document studies are carried out through a search for legal materials; primary, secondary and tertiary to obtain some data, then field data collection was carried out in the form of observations, in-depth interviews and participatory discussions (PRA). The phenomenon of problematic mineral mining occurs in almost every region in Indonesia, including Central Sulawesi. These facts show the importance of this research to be carried out in Central Sulawesi. Mining business is carried out after obtaining a permit from the government, prior to agreement with the party who has land rights, the government has first issued a mining business permit (herein...