JURNAL LITIGASI (e-Journal)
Vol 21 No 1 (2020)

REFORMULASI KEBIJAKAN PERTAMBANGAN ATAS KEWENANGAN DAERAH

Yuwono Prianto (Unknown)
Rasji Rasji (Unknown)
Benny Djaja (Unknown)
Narumi Bungas Gazali (Unknown)



Article Info

Publish Date
14 Jul 2020

Abstract

This study of natural resource management under the Article 33 of the 1945 Constitution is more motivated by economic justice where the management of natural resource always ignores the environmental aspects as such that the state fails to protect the community. The state should significantly increase the prosperity and welfare of the people. Environmental aspects become the last criteria in promulgating economic policies and production processes at macro and micro scale in the mining sector. The existence of PETI is generated by internal and external triggering factors. Community believes that mining commodities in the surrounding area can stimulate prosperity while the quality of human resources is generally low and financial capacity is limited. This eventually triggered the emergence of illegal people's mining practices. Technical requirements for granting IPR mentioned in the Article 48 Paragraph 2 letter b of Governmental Regulation No. 23, 2010 is difficult to meet by community miners. Under Article 9 Paragraph (3) jis Article 11 Paragraph (1), Article 13 Paragraph (3) letter (e) of Law No. 23, 2014 regarding Regional Government, energy and mineral resource issues is included in concurrent Administration affairs. Central Government, in passing its policy should consider local wisdom while paying attention to national interests. Keyword : Mining, People, Policy.

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Journal Info

Abbrev

litigasi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher ...