The Constitutionality of Indonesian Mining Law Reform Rosmini, Haris Retno Susmiyati, Rahmawati Al Hidayah, Zainuddin, Syifa Nur Aini
Universitas mulawarman, Universitas Muslim Indonesia, Ankara University
Abstract
Mining extraction in Indonesia has been carried out from the new order to the reformation, with the consequence that thousands of mining licenses have been issued, causing environmental crises and casualties. That is through the dynamics of licensing authority arrangements which still cause controversy. The method used is doctrinal legal research with a qualitative approach. The research focuses on the constitutionally of mining governance after the revision of the mineral and coal law and establishment of the Omnibus Law on Job Creation and the implications of these arrangements for society and environment. The result shows the Indonesian constitution emphasizes the state controls the mining resources intending to create the greatest prosperity for the people. The constitutional right of citizens to obtain a good and healthy environment is also guaranteed. However, the mining governance since the new order has only been orientated towards extracting natural resources, which leaves the constitutional mandate for welfare. Mining law reform has instead led to changes in the mining legal system that favor entrepreneurs through simplification of licensing, ease of investment, and ignoring good environmental standards. Mining law reform implies that mining extraction is increasing, worsening the environmental crisis and threatening the safety of citizens. Therefore, mining law is needed, which can restore the environment and ensure the safety of citizens.
