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

Research Article

Legal Position Analysis of Regional Regulations Regarding the Zero-Mining Zone Over Mining Business License Areas (Case Study in East Belitung Regency)

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  • @INPROCEEDINGS{10.4108/eai.21-10-2023.2343529,
        author={Yuli  Restu},
        title={Legal Position Analysis of Regional Regulations Regarding the Zero-Mining Zone Over Mining Business License Areas  (Case Study in East Belitung Regency)},
        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={rzwp3k mining area mining business permit regional   regulations},
        doi={10.4108/eai.21-10-2023.2343529}
    }
    
  • Yuli Restu
    Year: 2024
    Legal Position Analysis of Regional Regulations Regarding the Zero-Mining Zone Over Mining Business License Areas (Case Study in East Belitung Regency)
    ICTA II-MIL
    EAI
    DOI: 10.4108/eai.21-10-2023.2343529
Yuli Restu1,*
  • 1: Magister of Law, Bangka Belitung University, Indonesia
*Contact email: restuwardi@gmail.com

Abstract

This research focuses on the implementation of Regional Regulation no. 3 of 2020 concerning Zone Plans for Coastal Areas and Small Islands regarding the determination of mining zone areas that do not accommodate the East Belitung Regency area in granting mining business permits. In fact, East Belitung is included in the mining zone or mining business area and has a mining business permit belonging to the stackholder PT. Timah. which has been outlined in the provisions for determining mining areas according to applicable law. This research uses normative research methods. The results of this research are the implementation of PERDA RZWP3K as outlined in PERDA No. 3 of 2020, the Bangka Belitung Islands Province has been harmonized with higher regulatory provisions, namely Law no. Number 1 of 2014 concerning Management of Coastal Areas and Small Islands and Law no. 3 of 2020 concerning Mineral and Coal Mining as well as ministerial regulations governing mining zones. In this case, inappropriate regional regulations need to be tested and amended and the regulations revoked if the nuances presented hinder the growth of economic development for national and regional development purposes.