Proceedings of the International Conference on Environmental and Energy Policy (ICEEP 2021)

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Constitutional Development on Mineral and Coal Governance in Indonesia

Authors
Sinta Ana Pramita, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko
Corresponding Author
Sinta Ana Pramita
Available Online 16 October 2021.
DOI
10.2991/assehr.k.211014.031How to use a DOI?
Keywords
Development, Constitutions, Mineral and Coal Governance
Abstract

This study aims to determine the constitutionality development on mineral and coal governance based on constitutions. Normative legal research with statutory and conceptual approaches is carried out in this study. The findings are in line with mineral and coal governance on Government Regulation (PP) Number 1, 2017, on the fourth amendment on Government Regulation (PP) Number 23, 2010 concerning the operational activity of mineral and coal mining. Contradicts to Law of Republic Indonesia Number 4, 2004 concerning Mineral and Coal mining, this is related to whether or not a mineral and coal governance in Indonesia has met the constitutions based. Carry-over requirements as a formality in Mineral and Coal Law formation has a potential problem. Mineral and Coal Law did not meet the carry-over procedure following Law of Republic Indonesia Number 12, 2011 concerning legislation making. Besides, the Central Leadership Council (DPP) did not play a role in the Law-making process. Those factors occurred in the Law-making process, which the problematic legal norms to appear in their formation and caused implementation problems. The problematic legal norms are (1) non-operational legal norms in mineral and coal law (2) conflict of norms in Mineral and Coal Law and Regional Government Law.

Copyright
© 2021, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the International Conference on Environmental and Energy Policy (ICEEP 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
16 October 2021
ISBN
10.2991/assehr.k.211014.031
ISSN
2352-5398
DOI
10.2991/assehr.k.211014.031How to use a DOI?
Copyright
© 2021, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

risenwbib
TY  - CONF
AU  - Sinta Ana Pramita
AU  - I Gusti Ayu Ketut Rachmi Handayani
AU  - Lego Karjoko
PY  - 2021
DA  - 2021/10/16
TI  - Constitutional Development on Mineral and Coal Governance in Indonesia
BT  - Proceedings of the International Conference on Environmental and Energy Policy (ICEEP 2021)
PB  - Atlantis Press
SP  - 141
EP  - 145
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211014.031
DO  - 10.2991/assehr.k.211014.031
ID  - Pramita2021
ER  -