Authority Regulation of Mining Business Permit Based on Law No. 23 Of 2014

Abstract

Act No. 23 of 2014 concerns about the local regional government which was ratified on 2 October 2014 shows that the Regent / Mayor no longer has the authority to issue and give permits for mining management. The purpose of this study is to analyze the authority of mining business permit which is submitted to the Provincial Government or local government and to find solutions for the Legislature in formulating the legislation related to the authority of mining permit. The authority regulation of mining business permit (IUP) within the framework of regional autonomy based on Act No. 23 of 2014 is not in accordance with the mandate of the constitution (Constitution of the Republic of Indonesia 1945), even though in the Constitutional Court decision, it has been stated that there is no juridical aspect (Act Number 23 of 2014 concerns about the Regional Government) which is contrary to the constitution. The transfer of authority for handling or managing natural resources to the province can be categorized as the takeover of authority that should be carried out by the government in the region

Keywords: government authority, mining business permit, regional autonomy