Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpinang, Bangka Belitung, Indonesia

Research Article

Centralization of Authority for Mineral and Coal Mining Business Permits in the Context of the Power Relationship Between Central and Regional Governments

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  • @INPROCEEDINGS{10.4108/eai.21-10-2023.2343502,
        author={Abrillioga  Abrillioga},
        title={Centralization of Authority for Mineral and Coal Mining Business Permits in the Context of the Power Relationship Between Central and Regional Governments},
        proceedings={Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpinang, Bangka Belitung, Indonesia},
        publisher={EAI},
        proceedings_a={ICTA II-MIL},
        year={2024},
        month={3},
        keywords={power relations central government local government regional autonomy mining permit},
        doi={10.4108/eai.21-10-2023.2343502}
    }
    
  • Abrillioga Abrillioga
    Year: 2024
    Centralization of Authority for Mineral and Coal Mining Business Permits in the Context of the Power Relationship Between Central and Regional Governments
    ICTA II-MIL
    EAI
    DOI: 10.4108/eai.21-10-2023.2343502
Abrillioga Abrillioga1,*
  • 1: Magister of Law, Bangka Belitung University, Indonesia
*Contact email: abrielrumi9@gmail.com

Abstract

The relationship between the central and regional governments regarding mining permits for minerals and coal is complex and marked by conflicts of interest. This is due to the central government taking over the authority of local governments in managing forestry, marine, and mineral energy sources affairs, which were originally under the jurisdiction of local governments according to local government regulations. As a result, local governments have lost most of their authority in this area. The control authority in charge of forestry, marine, and mineral energy sources experienced a nuanced dynamic centralism then decentralization through the concept of regional autonomy then switched back to the authority of the central government centrally. As a result of this situation, there will be friction in the rule of law that is disharmonious because the legal rules of authority for mineral and coal mining permits are regulated in two different characteristics of laws and regulations. Holistically, this change in the rule of law is also colored by legal politics in the formation of mineral and coal laws and regulations.