Pengawasan Pemerintah Daerah terhadap Usaha Pertambangan Mineral dan Batubara Berdasarkan Undang Undang Nomor 3 Tahun 2020 tentang Perubahan Undang-Undang Nomor 4 tahun 2009 tentang Pertambangan Mineral dan Batubara

Tomboelu, Valencia Euaggelion (2020) Pengawasan Pemerintah Daerah terhadap Usaha Pertambangan Mineral dan Batubara Berdasarkan Undang Undang Nomor 3 Tahun 2020 tentang Perubahan Undang-Undang Nomor 4 tahun 2009 tentang Pertambangan Mineral dan Batubara. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Mineral and Coal Mining is a form of natural resource management in Indonesia with the aim of maximizing the welfare of the people. Mineral and coal mining business is regulated by Law Number (No) 3 of 2020 concerning Amendments to Law Number. 4 of 2009 concerning Mineral and Coal Mining (Law No.3 of 2020). Provisions in Law no. 3 of 2020 has handed over all control functions over the state to the central government, even though Law Number 23 of 2014 concerning Regional Government (Law No. 23 of 2014) still clearly states the authority of the provincial government based on the principle of regional autonomy in managing minerals resources which include the management of mineral and coal mining. legal research with the title "Regional Government Supervision of Mineral and Coal Mining Businesses based on Law No. 3 of 2020 ", has a formulation of the problem what the implications of Law No. 3 of 2020 on the supervisory authority of local governments over mineral and coal mining business activities. The purpose of this study was to determine the implications of Law No. 3 of 2020 on the supervisory authority of local governments over mineral and coal mining business activities. Legal writing is structured with a normative research type that focuses on legal norms or regulations. The legal materials used are primary legal materials consisting of statutory regulations and secondary legal materials which are generally in the form of legal books containing teachings or doctrines or teratises. Collecting data using literature study that studies primary legal materials and secondary legal materials, and conducted interviews with the DIY Provincial Licensing and Investment Office. The thought process used is deductive, which is a thought process that starts from a general proposition and ends at a specific conclusion. Based on the analysis and discussion in the writing of this law, it is concluded that the utilization of natural resources including mineral and coal mining is carried out by the central and regional governments in a fair and harmonious manner. However, with the issuance of Law No. 3 of 2020, control of minerals and coal by the state is carried out by the central government and this control is carried out through the functions of policy, regulation, administration, management, and supervision. Provisions of Law no. 3 of 2020 which regulates mineral and coal mining explicitly does not require the principle of regional autonomy that applies in Indonesia

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