Arrangement on Authority Permits Issuance of Mineral and Coal Mining in The Era of Entry of The Act No. 23 Year 2014 on Local Government

Abstract

The authority of mineral and coal mining permit had been a take-and-reject among the central government, local government, and districts/ cities. With the promulgation of the Act No. 23 Year 2014 as amended by the Act No. 9 Year 2015 about local governance, the authority of districts/ cities on mineral and coal mining permit was removed.

The discussed issues are (1) Why does the Act No. 23 Year 2014 as amended by the Act No. 9 Year 2015 on local government authorize the mineral and coal mining to the central government and the provincial government? (2) What are the implications of law that can emerge without districts/ cities authority in mineral and coal mining permit? (3) How is the arrangement of the authority mineral and coal mining permit consistent with the principles of autonomy?

This study employed the normative research with statute and conceptual approaches.

The results of this study are, first, the mineral and coal mining authority, based on the Act No. 23 Year 2014 on local governance, is in the central and provincial government because of the tendency on centralized government system. In concrete terms, this can be seen in the Discussion of the Draft Academic Paper which is now become the Act No. 23 Year 2014 on Regional Governments of which did not include a discussion about mining but in Session Minutes of the Special Committee to discuss the authority to issue mining permit. Thus, the authority setting for issuance of mineral and coal mining licenses in the era of the enactment of the Act No. 23 Year 2014 on Regional Government does not seem democratic.

Second, implications of law that can be emerged out of no districts/ cities authority in mineral and coal mining permit are:

Third, the arrangement on authority permits issuance of the mineral and coal mining should be consistent with the autonomy principle.

Keyword: Authority, Autonomy, Permit