Open AccessREFORMULASI KEBIJAKAN PERTAMBANGAN ATAS KEWENANGAN DAERAH
Author(s) -
Yuwono Prianto,
Rasji Rasji,
Benny Djaja,
Narumi Bungas Gazali
Publication year - 2020
Publication title -
jurnal litigasi
Language(s) - English
Resource type - Journals
ISSN - 2442-2274
DOI - 10.23969/litigasi.v21i1.1789
Subject(s) - paragraph , prosperity , constitution , natural resource , government (linguistics) , business , state (computer science) , political science , resource (disambiguation) , public administration , law , philosophy , computer network , linguistics , algorithm , computer science
Thisstudy of natural resource management under the Article 33 of the 1945 Constitution ismore motivated by economic justice where the management of natural resource always ignores the environmental aspects as such that the state fails to protect the community. The state should significantly increasethe prosperity and welfare of the people. Environmental aspects become the last criteria in promulgatingeconomic policies and production processes atmacro and micro scale in the mining sector. The existence of PETI is generated by internal and external triggering factors. Community believes that mining commodities in the surrounding area can stimulateprosperitywhile the quality of human resources is generally low and financial capacity is limited. This eventually triggered the emergence of illegal people's mining practices. Technical requirements for granting IPRmentioned in the Article 48 Paragraph 2 letter b of Governmental Regulation No. 23, 2010 is difficult to meet by community miners. Under Article 9 Paragraph (3) jis Article 11 Paragraph (1), Article 13 Paragraph (3) letter (e)of Law No. 23, 2014 regarding Regional Government, energy and mineral resource issues is included inconcurrent Administrationaffairs. Central Government, in passing its policy shouldconsiderlocal wisdom while paying attention to national interests