Constitutionality of State Control Meaning on Mineral and Coal Mining Field

Abstract

The constitutionality of state control meaning is the regulatory concept contained in Article 33 of the 1945 Constitution of the Republic of Indonesia. In this case, the context of control concerns on mineral and coal mining which will be further regulated by the laws and regulations. Act No. 4 of 2009 on Mineral and Coal Mining in Article 92 gives authority in the form of rights for the holders of Mining License (hereinafter referred to as ML) and Special Mining License (hereinafter referred to as SML) to own minerals, including associated minerals, or coal that has been produced if they have fulfilled exploration fees or production fees except for radioactive minerals. Such an arrangement shows that the authority of the ML/SML holder is a form of freedom to trade these mining materials so that it has the potential to obscure the constitutional rights of the state to control, and causes the position of the state is subordinated to business actors. Through normative juridical research types with various approaches, this research was conducted in dealing with legal issues, especially on examining the philosophical meaning of state control and the consistency of the constitutionality of the rights of ML/SML holders to the 1945 Constitution of the Republic of Indonesia. The result has disclosed that the actual meaning of the right of state control is the embodiment of positioning the people as subjects to gain prosperity. Meanwhile, the regulation giving the ML/SML holder the authority to legally own minerals and coal is contrary to the constitution.

Keywords: constitutionality, state control, authority, sub-ordination

DOI: 10.7176/JLPG/111-02

Publication date:July 31^st 2021