Sentralisasi Terhadap Kewenangan Pemerintah Daerah Dalam Perizinan Tambang Pasca Pemberlakuan Undang-Undang Mineral Dan Batubara

Abstract

After the enactment of Law Number 3 of 2020 on Minerals and Coal, there was a 'tug-of-war' over the authority of local and regional governments, resulting in centralized policies that resulted in a perceived lack of involvement of regional governments and community participation, which gave rise to controversy regarding mining permits. This research examines two problem formulations: First, how will regional government authority change in mining licensing after the enactment of Law Number 3 of 2020 on Minerals and Coal? Second, what is the impact post the enactment of Law Number 3 of 2020 on Minerals and Coal on society? The research method used is normative law by applying literature study. The results of the research concluded that: the existence of several articles that are considered centralistic is the main problem for regional governments because they eliminate articles containing the authority of regional governments, resulting in disharmony between centralization in Mining and Coal policies with regional autonomy and decentralization and these policies weaken the welfare of regional communities but are profitable for mining entrepreneurs.