Model of Mining and Mineral Mining Exploitation in the Pancasila Perspective and Indonesian Constitution UUD 1945

Abstract

Indonesia has a model of the mineral and coal mining system before independence until now. The arrangement of the mineral and coal mining concession system model was regulated prior to independence with the issuance of Indische Mijnwet Staatsblad of 1899 Number 214 with a concession / permit concession system model. After independence, regulation of minerals and coal is regulated through Law No. 11 of 1969 with the KK / PK2B business model. The KK / PK2B business model is considered detrimental to the Indonesian economy, social welfare and social justice. To face the challenges and answer a number of problems, the paradigm of the business concept of Law No. 11 of 1967 was changed to Law No. 4 of 2009 with the concession system model permits. To strengthen the model of the mineral and coal mining system, the Government issued Law No. 27 of 2007 in conjunction with Law No. 1 of 2014 with the concession model. If viewed in terms of position, environmental aspects, economic aspects, and social aspects, the existence of Law No. 4 of 2009 and Law No. 27 of 2007 in conjunction with Law No. 1 of 2014 concerning the licensing and rights exploitation system model has not been able to create the fifth Sila "Social Justice for the entire Indonesian people" and Article 33 paragraph (3) Indonesia Constitution UUD 1945 concerning the substance "earth, water, and natural wealth controlled by the state the greatest prosperity of the people ". Through this research will be examined how the model of mining mineral and coal exploitation in the perspective of the Pancasila and Indonesia Constitution UUD 1945? The method used is normative juridical. Based on the analysis of the author, the KK / PK2B concession system, permits and rights contradicted Pancasila and Indonesia Constitution UUD 1945. In the final part of the study, there were suggestions that the legislative body, especially The Ministry of Energy and Mineral Resources the Republic of Indonesia, apply a licesing system for companies toact directly as operator, with the strengthening of State-Owned Enterprises