The Effectiveness in the Implementation of Mining License Business in Indonesia (Based on Law Number 23 of 2014 Regarding Region Government)

Abstract

— Mining has gained strong popularity in recent years due to the increase in global demand for metals and other industrial raw material derived from the ground. Therefore, mining is the part of natural recources based on humanity, proved in Article 33 Paragraph Republic case, mining suffered a decline-pull between the management authority of the central government and provincial government. to Law No. Year on Regional Government, the central government determines the areas that can be mined and then provincial government have the authority to grant mining business licences within these predetermined areas. This impact to negatesthe rights and responsibilities of the regional government as an antonomous region, that according to Law No. 4 Year 2009[3] on Mineral and Coal Mining gives authority not only to the central or provincial government, but also to the regional government. The problems of this article are to analyze the reason of changes in the authority to grant mining business licences in Indonesia and find the impact of amendment that gives provincial government to grant mining business licences. This research uses normative legal research, with statute Approach and conceptual Approach that aims to create a management of mineral and coal mines based on the principles of good governance in Indonesia.