Model of Mining and Mineral Mining Exploitation in the Pancasila Perspective and Indonesian Constitution UUD 1945

Marfungah, Luthfi and Sudiro, Amad and Redi, Ahmad and Gunardi, Gunardi Model of Mining and Mineral Mining Exploitation in the Pancasila Perspective and Indonesian Constitution UUD 1945. Model of Mining and Mineral Mining Exploitation in the Pancasila Perspective and Indonesian Constitution UUD 1945.

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Abstract

Indonesia has a model of the mineral
and
coal mining system before independence until now.
The arrangement of the mineral and coal mining
concession
system model was regulated prior to
independence with the issuance of Indische Mijnwet
Staatsblad of 1899 Number
214 with a concession / permit concession system
model. After independence, regulation of minerals and
coal is
regulated through Law No. 11 of 1969 with the
KK / PK2B business model. The KK / PK2B business
model is considered detrimental to the Indonesian
economy, social welfare and social justice. To face the
challenges and answer a number of problems, the
paradigm of the business
concept of Law No. 11 of
1967 was changed to Law No. 4 of 2009 with the
concession system model permits. To strengthen the
model of the mineral and coal mining system, the
Government issued Law No. 27 of 2007 in
conjunction with Law No. 1 of 2014 with the
concession model. If viewed in terms of position,
environmental aspects, economic
aspects, and social
aspects, the existence of Law No. 4 of 2009 and Law
No. 27 of 2007 in conjunction with Law No.
1 of 2014 concerning the licensing and rights
exploitation system model has not been able to create the
fifth Sila "Social
Justice for the entire Indonesian
people" and Article 33 paragraph (3) Indonesia
Constitution UUD 1945 concerning the substance
"earth, water, and natural wealth controlled by the
state the greatest prosperity of the people ".
Through
this research will be examined how the model of
mining mineral and coal exploitation in the perspective
of the
Pancasila and Indonesia Constitution UUD 1945?
The method used is normative juridical. Based on the
analysis of the author, the KK / PK2B concession
system, permits and rights
contradicted Pancasila and
Indonesia Constitution UUD 1945. In the final part of
the study, there were suggestions
that the legislative
body, especially The Ministry of Energy and Mineral
Resources the Republic of Indonesia, apply a licesing
system for companies toact directly as operator, with the
strengthening of State-Owned Enterprises

Item Type:	Article
Subjects:	Penelitian > Fakultas Hukum
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	Puskom untar untar
Date Deposited:	16 Dec 2020 18:47
Last Modified:	16 Dec 2020 18:47
URI:	https://repotest.untar.ac.id/id/eprint/13513

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