Authority Dynamic Law of Central and Regional Governments in Managing Natural Resources

Abstract

The dialectic of central and regional authority has been going on for a long time, even before this state was formed, the debate between the form of a unitary state and the federalism colored the discussion of constitutional formulation. Soekarna represents unitary ideology while Moh Hatta is Federalist. But then, it narrowed to a compromise by choosing to become a unified state (article 1 paragraph 1 UUD 1945) on the principle of decentralization (article 18 paragraph 2 UUD 1945). The principle of decentralization in its implementation has experienced ups and downs. In the reformation era, this principle was very visible but not felt because nowadays the government was busy with political matters, then in the old era, it was weak, the government tended to be centralized. Since the reformation, the new face of decentralization has been very visible and clear. Regional governments have found a bright spot by having several powers, with the division of governmental affairs between the central and regional governments. However, this did not last long, after a long journey, in 2014 the authority of the regional government was slowly returned to the central government, where the regional government did not have the authority to manage natural resources related to the livelihoods of many people, the authority to manage natural resources was given to the province as a representative of the central government in regional and central government itself. Even worse after the existence of Law number 3 of 2020 concerning Mineral and Coal Mining, this Law adds the dark spot of the principle of decentralization as a mandate of reformation and Constitution.