Transparency of Regulatory and Public Participation of Law Number 4 Year 2009 of Mineral and Coal Mining in Indonesia

Abstract

Mineral and coal contained in the Indonesian mining jurisdiction is a non-renewable natural resources as a gift of God Almighty who has an important role in fulfilling the lives of many people. If it is not managed properly, it  will keep the ideals for the greater prosperity of the people. as mandated in Article 33 paragraph (3) of the Constitution of NRI 1945. One of the principles in the management of mineral and coal mining in Indonesia is the principle of transparency and participatory. Based on this background, the formulation of the problem in this research is what legal considerations so that transparency and participatory been a principle in the management of mineral and coal and how the settings in Law No. 4 Year 2009 on Mineral and Coal Mining. The type of this research is normative juridical analysis by using qualitative methods. The research found that the legal consideration that the transparency and participatory have been a principle in the management of mineral and coal mining is because Indonesia is a democratic constitutional state, where the fundamental principle of the pillars of the country's main law one of which is to observe the principles of transparency and public participation, so that the management objectives mining and coal for the prosperity and welfare equitably be realized. the setting of transparency and public participation contained in Article 2, Article 10 and Article 64 of Law No. 4 Year 2009 on Mineral and Coal Mining.

Keywords: Transparency, Public Participation, Mineral and Coal Mining