ANALISIS PERPANJANGAN KONTRAK KARYA (KK)/PERJANJIAN KARYA PENGUSAHAAN PERTAMBANGAN BATUBARA (PKP2B) DITELAAH DARI KONSEPSI HAK MENGUASAI NEGARA

Abstract

Provisions for the extension of the Contract of Work (KK)/Coal Mining Exploitation Work Agreement (PKP2B) which have been stipulated in the amendment of Law Number 3 of 2020 concerning Mineral and Coal Mining in Article 169A are problematic because they have the opportunity to provide a large degree of scope to entrepreneurs (contractors) of KK/PKP2B in mining exploitation, which on the other hand, reduces the priority role of BUMN/BUMD as a company of the state in managing natural resources, in this case minerals and coal. The analysis of the provisions of the article extension of KK/PKP2B is not fully based on the legal principles of natural resource management in accordance with Article 33 paragraphs 2 and 3 and/or is not in line with the constitutional conception of the right to control of the state instructing the state's control over natural resources to be greater and more effective than those of the others parties with first rank/priority for exploitation through direct management by BUMN/BUMD. In addition, the extension of KK/PKP2B has not provided significant benefits to the state as mandated by the constitution for the greatest prosperity of the people.