Implementation of the Right’s Management of State Over Natural Resources of Mining in Paniai Regency

Abstract

Article 33 paragraph (3) of the Indonesian Constitition 1945 (hereinafter referred to UUD 1945) states that “the land, the waters and the natural resources within shall be under the powers of the State and shall be used to the maximum benefit of the People and the mining products are managed to increase People’s welfare”. The explanatory of Article 33 of UUD 1945 states that State has the authority to control, manage and supervise the management or control of the minerals. Authorization of the State in Article 33 paragraph (3) implicates to the State responsibility to regulate, control and supervise the natural resource management for the prosperity of the people. In the context of the right’s management of state over the mining sector as referred to in Article 33 paragraph (3) of 1945 Constitution, there is no provision in the legislation, whether in the Law Number 11 of 1967 or in the Law Number 4 of 2009 that explains the definition and the scope of the purpose of the right’s management of state. The definition of the right’s management of state is found in the Basic Agrarian Law.

Keywords: The Right of Management of State; Mining; Paniai Regency