Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)

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Reconstruction of Minerals and Coal Mining Management Policies in Indonesia

Authors
Setyo Utomo1, *, Adhytia Nugraha1, Sri Ayu Septinawati1, Temmy Hastian1, Siswadi Siswadi1
1Faculty of Law, Panca Bhakti University, Kalimantan, Indonesia
*Corresponding author. Email: setyoutomo@upb.ac.id
Corresponding Author
Setyo Utomo
Available Online 31 December 2023.
DOI
10.2991/978-2-38476-180-7_144How to use a DOI?
Keywords
Reconstruction; Regulation; Mining; Mineral; and Coal
Abstract

Article 33 paragraph (3) of the Republic of Indonesia 1945 Constitution sets forth guidelines for the development of natural resources inside the country, which are under governmental control for the benefit of the populace. These two ideas are complementary to one another. In fact, separating the two would be detrimental to the idea of state control and might allow capital owners or foreign parties to monopolize the use of natural resources. The benefits from this would only go overseas, benefiting a small number of people rather than Indonesia’s development and society as a whole. Regulations in the mining sector in Indonesia, in the Old Order era were regulated in Act Number 11 of 1967 concerning Basic Mining Provisions which had a centralized character and limited people’s access to minerals. In the post-reform era, there are demands for legal reform of Act Number 11 of 1967 with the issuance of Act Number 4 of 2009 concerning Mineral and Coal Mining, and finally Act Number 3 of 2020 concerning changes to Act Number 4 of 2009 which has a decentralized character and opens access to the public for minerals. The implementation of these new regulations is not always as expected and is even considered to be contrary to the Constitution of 1945. Therefore it is felt necessary to reconstruct regulations in the mining sector.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
31 December 2023
ISBN
10.2991/978-2-38476-180-7_144
ISSN
2352-5398
DOI
10.2991/978-2-38476-180-7_144How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Setyo Utomo
AU  - Adhytia Nugraha
AU  - Sri Ayu Septinawati
AU  - Temmy Hastian
AU  - Siswadi Siswadi
PY  - 2023
DA  - 2023/12/31
TI  - Reconstruction of Minerals and Coal Mining Management Policies in Indonesia
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 1416
EP  - 1423
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_144
DO  - 10.2991/978-2-38476-180-7_144
ID  - Utomo2023
ER  -