Research Article
Analysis of the Application of Prevailing Law Principle and Nailed Down Principle in Mining Contract of Work (Comparison Between Act Number 4 of 2009 and 3 of 2020)
@INPROCEEDINGS{10.4108/eai.26-9-2020.2302560, author={Ledy Famulia and Tian Terina}, title={Analysis of the Application of Prevailing Law Principle and Nailed Down Principle in Mining Contract of Work (Comparison Between Act Number 4 of 2009 and 3 of 2020)}, proceedings={Proceedings of The International Conference on Environmental and Technology of Law, Business and Education on Post Covid 19, ICETLAWBE 2020, 26 September 2020, Bandar Lampung, Indonesia}, publisher={EAI}, proceedings_a={ICETLAWBE}, year={2020}, month={12}, keywords={contract of work nailed down prevailing law}, doi={10.4108/eai.26-9-2020.2302560} }- Ledy Famulia
Tian Terina
Year: 2020
Analysis of the Application of Prevailing Law Principle and Nailed Down Principle in Mining Contract of Work (Comparison Between Act Number 4 of 2009 and 3 of 2020)
ICETLAWBE
EAI
DOI: 10.4108/eai.26-9-2020.2302560
Abstract
After the mining converted into the law number 4 2009, provisions on contract of work is not applied return except for existing before this act is promulgated. One of the reasons, not to apply the work of contract is implementation of nailed down and prevailing law principles. As a function of time, law number 4 2009 changed into law number 3 2020 including article is to apply the principle of both. Methods used in research is a qualitative methodology by approach juridical normative. The technique of data collection is done through the library research. Furthermore, the data will be analyzed deductive through method. The result of this research shows that there is the transition the base used in law number 4 2009 and law number 3 2020, about state income. The nailed down principle in law number 4 2009 was change to prevailing law principles in the law 3 2020.
