POLITIK HUKUM PENGALIHAN IZIN PERTAMBANGAN PADA PEMERINTAH PUSAT TERHADAP KEWENANGAN PEMERINTAH DAERAH

• Main Author: Rika Putri Wulandari, (Author)
• Format: Book
• Published: Salam : Jurnal Sosial dan Budaya Syar'i, 2021-02.
• Subjects: Article; PeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/10766/1/1710611044_ArtikelKI.pdf; http://repository.upnvj.ac.id/10766/2/pdf
• Keywords: K Law (General)

Law Number 3 of 2020 is a new chapter in the development of mining law politics in Indonesia. The latest Minerba Law brings a number of major changes, one of which is the regulation of the authority to issue mining permits which has been transferred entirely to the central government. These changes caused controversy because the were considered contrary to constitutional values and the spirit of reform by eliminating the role of local governments in mineral and coal mining activities. The purpose of this study is to determine the legal politics of transferring mining permits to the central government and its implications for local government authority. This research is quantitative study using a normative juridical method through a statue approach and conceptual approach. This research finds that the legal politics of transferring mining permits to the central government is aimed at solving mining permit problems that facilitate investment activities so as to increase the country's economic growth. However, the implications of this transfer of authority make regional governments no longer have attributive authority to issue mining permits. The current mining law should move to create synergy between governments, not by placing the central government and local governments on different paths for the sustainability of future development.