HARMONISASI KEBIJAKAN PENERBITAN IZIN USAHA PERTAMBANGAN MINERAL DI KABUPATEN KETAPANG-KALIMANTAN BARAT DALAM RANGKA MENJAMIN KEPASTIAN HUKUM

Daika, Feri Hyang (2012) HARMONISASI KEBIJAKAN PENERBITAN IZIN USAHA PERTAMBANGAN MINERAL DI KABUPATEN KETAPANG-KALIMANTAN BARAT DALAM RANGKA MENJAMIN KEPASTIAN HUKUM. S2 thesis, UAJY.

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Abstract

This research aims to find, analyze and evaluate the harmonization of the issuance of mineral mining license in Ketapang Regency stipulated in Law No. 4 of 2009 on Mineral and Coal, in relation to issues overlapping with the location permit oil palm plantation business are regulated in Law No. 18 Year 2004 on Plantations. In addition, this study also aims to find, analyze and evaluate the constraints in policy harmonization mineral mining license issuance, as well as analyzing and evaluating legal solution in the harmonization of policy issuance mineral mining license in Ketapang Regency. This study uses the theory of authority, planning theory and the theory of public policy as the basis for the theory is used to analyze the harmonization of mineral mining license issuance in Ketapang. This research is normative research, and using the approach of regulatory Regency, legal and political approaches. The rule of law in cultivation and utilization of natural resources is very complex and run for each potential overlaps in land tenure in the field. In addition, the potential overlap has been started from its own constitutional foundation that opens up opportunities for overlapping. The rule of law governing each sector without having to refer to one another obstacle in realizing the harmonization of mineral mining license issuance in Ketapang Regency. On the other hand, the overlap between sectors suggests that the absence of a plan, wellplanned development of the concept of local development plans set out in the Spatial Plan, and Regional Medium-term Development Plan (RPJMD) and Regional Long-term Development Plan (RPJPD) in Ketapang. Steps to be taken by the government is reviewing the sectoral legislation about to produce a new legislation for the creation of harmonization at the level of regulation and implementation of the issuance of a business license and business permit mining of minerals, such as oil palm plantation in Ketapang.

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