RECONSTRUCTION OF MINERALS AND COAL MINING MANAGEMENT POLICIES IN INDONESIA
Setyo Utomo, Adhytia Nugraha, Sri Ayu Septinawati, Temmy Hastian, Siswadi

Faculty of Law Panca Bhakti University, Pontianak

Abstract

The Constitution of the Republic of Indonesia 1945 article 33 paragraph (3) has provided direction for the development of national natural resources, which are controlled by the state for the prosperity of the people. These two principles are an inseparable unit. Separating the two would actually be counterproductive to the concept of state control and could lead to a monopoly on natural resources by capital owners or foreign parties whose profits would only go abroad and be enjoyed by a handful of people and not by Indonesia^s society and development.
Regulations in the mining sector in Indonesia, in the Old Order era were regulated in Act Number 11 of 1967 concerning Basic Mining Provisions which had a centralized character and limited people^s access to minerals. In the post-reform era, there are demands for legal reform of Act Number 11 of 1967 with the issuance of Act Number 4 of 2009 concerning Mineral and Coal Mining, and finally Act Number 3 of 2020 concerning changes to Act Number 4 of 2009 which has a decentralized character and opens access to the public for minerals. The implementation of these new regulations is not always as expected and is even considered to be contrary to the Constitution of 1945. Therefore it is felt necessary to reconstruct regulations in the mining sector.

Keywords: Reconstruction, Regulation, Mining, Mineral, and Coal.

Topic: Law on Land and Environment