The Connection of Authority between Central Government and Regional Government in Managing Mining and Forestry in Papua

Abstract

Mining and forestry must be protected for the sake of benefit of the people. The protection of it can be seen in some regulation such as in Article 33 (3) of the 1945 Constitution of the Republic of Indonesia, the Law No. 11 Year 1967 concerning Basic Provisions of Mining has been replaced to the Law No. 4 Year 2009 concerning Mineral Mining and Coal, the Law No. 41 year 1999 concerning Forestry, the Law No 32 Year 2009 concerning Protection and Management Environment, the Law No. 23 Year 2014 concerning the Regional Government, and the Government Regulation No. 25 Year 2000 concerning Government and Province Authority as Autonomous Region. This research is categorized as empirical legal research or non-doctrinal legal research. It uses a juridical socio-cultural approach. It is conducted in the Province of Papua, primarily Jayapura, Kerom, Sarmi, Mimika, and Nabire Regency. Mineral mining and coals are non-renewable natural resources and they are national wealth that are controlled by the state for the greatest benefit of the people. Control upon mines by the state is conducted by the government and/or regional government. Government has the authority to determine the amount of production of every commodity per year in each province. The connection of authority between Central Government and Regional Government often overlaps jurisdiction in terms of their policies. To deal with such overlapping law icluding overlapping between the Law No. 21 Year 2001 concerning Special Autonomous of Papua and the Law No. 4 Year 2009 Governor of papua has issued the Governor Regulation No. 41 Year 2011 concerning Mineral, Metals, and Coal Mining Business to counterbalance the licensing act and mineral natural resources management even though eventually such regulation is not admitted by the central government. In the context of foresty, Licensing issues and authorities related with forest are regulated by the central government. The central government has not provided a room to regional government, and only a particular group of people with sufficient capital that could obtain license. After reform era, there are not any Regional Office in the province because currently it is handled in Forestry Department directly or Governor.

Keywords: Connection of Authority, Central Government, Regional Governemnt, Mining and Forestry