Komparasi Hukum Perijinan Pertambangan Di Indonesia Dalam Perspektif Welfare State

IRMAWAN, ACHMAT and -, Prof. Dr. Absori, S.H., M.H. and -, Prof. Dr. Harun, S.H., M.H. (2020) Komparasi Hukum Perijinan Pertambangan Di Indonesia Dalam Perspektif Welfare State. Thesis thesis, Universitas Muhammadiyah Surakarta.

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Abstract

Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia is interpreted as the right of control by the state over natural assets. The government, as the right hand of the state, from the central to regional levels, has a direct involvement in the management of natural resources. this includes mining affairs which are concurrent affairs in terms of regulating, managing scope and supervising scope. This study aims to describe the mining licensing arrangements in Indonesia as well as to compare the mining licensing laws in Indonesia from the perspective of self-regency. This research is a normative research. The types of data used are primary data and secondary data. Data collection techniques used library research. The method of analysis is done qualitatively. The results of research and discussion show that the mining licensing arrangement is in Law No.3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining (Minerba) and Law Number 11 of 2020 concerning Job Creation and there are the difference in these two laws, in Law Number 11 of 2020 concerning Job Creation, which shows that the entire licensing process is in the hands of the central government while the role of coordination is in the hands of local governments. Meanwhile, if Law number 3 of 2020 concerning Minerals and Coal actually assigns additional authority to the regional government, namely in the form of authority to determine mining areas even before the permit is issued. So in this case Law No. 3 of 2020 concerning Mineral and Coal which is more dominant with the theory of the welfare state, where the concept of a welfare state previously required the expansion of state responsibility into community and market affairs.

Item Type:	Karya ilmiah (Thesis)
Uncontrolled Keywords:	Licensing Law, Mining, Central Government, Local Government
Subjects:	L Education > L Education (General)
Divisions:	Fakultas Pasca Sarjana > Magister Hukum
Depositing User:	ACHMAT IRMAWAN
Date Deposited:	19 Jan 2021 09:32
Last Modified:	23 Jan 2021 03:32
URI:	http://eprints.ums.ac.id/id/eprint/88487

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