Legal Consequences of Takeover of Authority in Mineral and Coal Mining by the Ministry of Energy and Mineral Resources of the Republic of Indonesia
Yapiter Marpi (a*), Retno Sari Dewi (b), Maisa (c)

a) Faculty of Law, University of Jakarta
Jl. Pulomas Barat No.Raya, RW.10, Kayu Putih, Kec. Pulo Gadung, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta-Indonesia
*yapitermarpi[at]gmail.com
b) Faculty of Law, University of Tulungagung
Jl. Kimangunsarkoro Beji, Jl. Dusun Krajan, Dusun Krajan, Sobontoro, Kec. Boyolangu, Kabupaten Tulungagung, Jawa Timur-Indonesia
sarie.soegito[at]gmail.com
c) Faculty of Law, Universitas Muhammadiyah Palu
Jalan Rusdi Toana No.1, Talise, Kec. Mantikulore, Kota Palu, Sulawesi Tengah-Indonesia
maisa1[at]gmail.com

Abstract

The takeover of the authority of the Regency/City Regional Government over the governmental affairs of the mineral and coal mining sector, of course has implications for acquisition of funds from the State revenue sector. The enactment of Law Number 23 of 2014 concerning Regional Government has the consequence of the taking over of authority in the field of mineral and coal mining (minerba) by the Central Government from the district/city Regional Governments which previously had the authority to grant mining business licenses in their territories. Research problems include the dynamics of mineral and coal mining regulations in Indonesia, central and regional authority in the field of mineral and coal mining in the perspective of state control rights, as well as the implications of legislation taking over mineral and coal mining authority by the center from the district/city regions. This research is a normative legal research with a conceptual and statutory approach. Several implications exist in the disharmony between the 2009 Minerba Law and the 2014 Regional Government Law, 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 underlined that mineral and coal mining are non-renewable types of natural resources and their destructive nature is very high, so however, mining activities will be very detrimental to the environment and the people living in the mining area. In this case, there are (negative) externality criteria that need attention. By nullifying the role of district/city regional governments, it is tantamount to increasing the consequences of damage.

Keywords: Takeover of Authority, Mining Norms, Regional Regulation Norms

Topic: Law on Land and Environment