Constitutional Framework for Mining Regulation: Regional Autonomy and State Authority

This study discusses policy reform in mining management in Indonesia, particularly regarding the offering of Special Mining Business License Areas (WIUPK) to Religious Organization-Owned Enterprises. Although existing regulations aim to improve governance in the mining sector, the enforcement of Article 83A in Government Regulation No. 25 of 2024 has instead resulted in ambiguity and legal uncertainty, as it is inconsistent with higher laws. This research recommends the need for regulatory revisions to create legal certainty, enhance the capacity of resource management by Religious Organizations, and adopt an inclusive approach in decision-making to ensure that mining management can be conducted responsibly and sustainably, providing optimal benefits for society and the environment

This paper is a review of Italy's stuttering progress towards regional autonomy. At the unification of Italy in 1860, a centralised administrative structure was adopted, as prescribed by the Piedmontese Constitution of 1848. Centralisation of political power reached its apogee during the Fascist period. Regionalist sentiment resurfaced strongly after the last war and gained formal expression in the 1948 Republican Constitution, which provided for the creation of five ‘special’ and fourteen (later fifteen) ‘ordinary’ regions. The special regions—regions of special linguistic or political sensitivity (Valle d'Aosta, Trentino-Alto Adige, Friuli-Venezia Giulia, Sicily and Sardinia)—were established between 1948 and 1963, but delays orchestrated by the Christian Democrat-dominated central government, reluctant to relinquish its power, postponed the establishment of the ordinary regions until the 1970s, when pressure from the Socialist Party prevailed. The legislative powers of the regions are of three forms: Exclusive (available only to the special regions), complementary, and integrative, the order representing progressively diminishing elements of decisionmaking autonomy. Several regions in central Italy have elected Communist regional governments. However, hopes that the regional governments would be instrumental in ending corrupt and inept government and eradicating regional disequilibria, have mostly been misplaced, although some progress has been made, especially in the northern regions, in the fields of administrative reform, social service organisation, and regional economic planning. The principal reason for lack of progress is the continuing central government control over regional government funds. In many regions considerable amounts of unspent funds have accumulated owing to a combination of political stalemate at the regional level and central government veto. Special attention is given in this paper to the relationship between regional autonomy and (1) local government, and (2) regional planning. To conclude, the present state of play represents an uneasy compromise between the two contradictory historical forces of centralism and regionalism, present since unification. Although there has been a significant departure from the rigid centralisation of the past, the retention of most of the important powers by the central government frustrates the ambitions of the regions to really organise their own affairs.

Mining potential in Maluku Province is the largest contributor to nickel mining in Indonesia with nickel reserves of 39% and copper of 92.48% of the national total. Even though nickel and copper are potential resources in this region, they do not yet have production results that have added value and are highly competitive. Now various investors from China are investing in North Maluku with the above potential mining resources. In fact, China is now interested in building a nickel factory in North Maluku, specifically in North Halmahera. The issuance of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining is a transformation of mineral and coal policy relating to the management and utilization of mineral and coal in Indonesia. The consequence of the amendment to Law Number 4 of 2009, namely the elimination of regional government authority over the management of mineral and coal mining, was taken over by the central government, which applies nationally. The method used in this research is the Hybrid Method as an applied method. The limitation of this research is that it does not technically examine the ecological, economic and social modeling of mining studies in North Maluku. The recommendation of this research is that further in-depth review is needed from a legal, social, ecological and economic perspective to map and review Law No. 3 of 2020, the formation of a cross-sectoral task force to monitor the impact of the implementation of Law No. 3 of 2020 on the environmental and social sectors. and economics.

Writing this scientific article is a research with normative (doctrinal) research method which aims to find out the legal review of the regulation of revenue sharing of petroleum mining between the central government and regional governments. This study uses an analysis of secondary data that the authors obtained from various literatures using the law approach, conceptual approach and case approach that occurs in everyday life regarding petroleum. The difference in the mechanism of distribution of funds and profit sharing between the central government and local governments results in imbalances in economic growth between all regions in Indonesia. The results of the research and analysis carried out by the authors indicate that the regulation of mintak mining revenue sharing funds between the central government and local governments through general allocation funds, special allocation funds and revenue sharing funds is in line with the objectives of regional autonomy, but lack of attention from the central the regions that have the highest natural resource income and lack of attention to development will lead to inequality between revenue sharing funds from the central government and regional governments. Supposedly with equal distribution between central government and regional government through policies in the form of natural resource priorities, it will create a main goal of the law, namely legal certainty, justice for some people and the last is to provide benefits to the community.

The region has the authority to manage and regulate its territory independently based on the mandate of Article 18 paragraph (2) of the 1945 Constitution. One such authority is to manage natural resources in this case conducting coal mining. The management of coal mining under the Minerba Act places the district/city government in authority in its management. Meanwhile, the Local Government Law places the provincial government also in possession of this management authority. This gave birth to the dualism of regulation in terms of the authority to manage coal, giving rise to a contradiction between one rule and another. The problem in this study is First, how is the condition of coal mining management by local governments in the perspective of regional autonomy? Second, what are the implications of the current coal mining arrangements by the regional government? The results of the study showed that coal mining authority from the district/municipal government under the Minerba Act then was transferred to the provincial government based on the Regional Government Law was reasonable because of various problems that arose from the authority of the district/city government. However, this fact puts the authority of coal mining management in dualism and disharmony in its regulation. This dualism has implications for the disruption of the pattern of authority relations between the central and regional governments, financial management between the central and regional governments, and the division of supervisory authorities between the central and regional governments.

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.

The promulgation of Law Number 23 of 2014 concerning Regional Government, revoked the authority of City/Regency Regional Governments in granting Mining Business Permits (IUP) and henceforth this authority was given by the Central Government to Provincial Governments. However, in practice, the implementation of this policy is still faced with many obstacles, including a lot of overlap in the granting of IUPs before the new policy was adopted. Therefore, it is important to offer a policy model for granting IUPs that provides more legal certainty and makes it easier to invest in the mining sector in Indonesia.

The wage protection in Indonesian positive law is still not provide legal certainty for the weaker party in the aspect of social economic. In every anniversary of May Day, labor union always demanded to abolish the wage cost, which the Government Regulation No. 78 Year 2015 leanihg to the interests of investors. The principle of legal certainty in the norm of wage protection needs to be realized with respect to: the concept of wage protection, lack of certainty purpose of law, established by the competent authorities, accepted by society, legal materials in accordance with the legal hierarchy, the company's obligation to make books wages, and avoid multiple interpretations in legal norms.Key words: protection of wages, labor, legal certainty.

Introduction: Communal Intellectual Property can be used to support the development of Intellectual Property-based Tourism.Purposes of the Research: The purpose of this study is to examine the effectiveness of the law in implementing the Identification and Inventory of Communal Intellectual Property as a form of preventive legal protection for Communal Intellectual Property (IPR) and government efforts in implementing the Identification and Inventory of Communal Intellectual Property to support Intellectual Property-based Tourism Development.Methods of the Research: The research method used in this study is a socio-legal approach. The data analysis technique used is a qualitative descriptive analysis technique.Results of the Research: The implementation of the Identification and Inventory of Communal Intellectual Property in Central Lombok Regency has not been effective. This is because the identification and inventory of Communal Intellectual Property (CIP) has not been implemented in an orderly manner by the local government/community so that legal certainty and justice are achieved for CIP owners/Communal communities. The Government Regulation has not been complied with and enforced. There is a discrepancy between the rules and their implementation. In addition, the level of community compliance, Law enforcement by law enforcement officers also has a major influence on the effectiveness of the law. Government efforts to overcome the ineffective implementation of Identification and Inventory, include making Regional Regulations that require each Village to identify and inventory Communal Intellectual Property, establishing Partnerships and Cooperation with third parties or managers in utilizing Communal Intellectual Property for the development of Intellectual Property-based tourism, Regional Governments must encourage investors to invest their capital in building Infrastructure and Facilities for Tourism Destinations based on Intellectual Property, Utilizing Technology and Digital Marketing for the development of Intellectual Property-based Tourism, and Regional Governments must focus and pay special attention to the Intellectual Property-based tourism industry.

Proportional distribution of authority arrangements in the management of Oil and Gas mining based on decentralization is needed to be able to optimize results and be of maximum benefit to the prosperity and welfare of the people both regionally and nationally. This research aims to: analyze the reasons for regulating mining authority for oil and gas management given to the Central Government Article 14 paragraph (3) of Law no. 23 of 2014 concerning Regional Government. The approach used is the statutory approach, the conceptual approach, and the philosophical approach. The results of this study show that there is no proportional distribution of authority in the management of decentralized oil and gas mining. Therefore, it is necessary to arrange the proportional distribution of authority between the central government and regional governments producing oil and gas.The act no. 23 of 2014 concerning Regional Government divides government affairs into 3 namely, absolute government affairs, concurrent government affairs, and general government affairs. Based on the Regional Autonomy Theory, the fields of energy and mineral resources are concurrent government affairs. Thus the affairs of energy and mineral resources including oil and gas mining are essentially authority which must be shared between the central government, provincial and district/city governments. Keywords: concurrent, proportional, central government, provincial and district/city governments. DOI: 10.7176/JLPG/94-09 Publication date: February 29 th 2020

The position of the customary rights of the customary law community in the Toba Batak community, namely the rights owned by a clan (State land), controlled, managed, utilized, the land and its contents for the needs of the citizens / descendants of the partnership as collective property that can be passed down from generation to generation (geneological) based on customary law. The UUPA recognizes the position of the ulayat rights of the customary law community in a formal juridical manner with discussion if in reality it still exists and does not conflict with the interests of the national, nation and state. The 1945 Constitution of the Republic of Indonesia Article 18-B paragraph (2), Article 28-I paragraph (3) The State recognizes and respects the customary public and their traditional rights as long as they are still alive. The cultural identity of traditional community rights is respected in accordance with the times and civilizations. The position of the customary rights of the Batak Toba community (land marga) in this study is still not as expected, in regulating and protecting laws from the past to the present, regulation and protection are still based on local customary laws. In Law No. 23/2014/9/2015 concerning Regional Government grants the authority of rights and responsibilities to provincial, regency / city governments to regulate and manage their own regions, one of the areas of defense based on the widest possible regional autonomy. The authority, rights and responsibilities of regional governments in regulating and protecting, managing their own ulayat rights (clan land) in certain areas are also in line with Presidential Decree No. 34 regarding policies in the defense sector, one of which is stipulation and is also in line with the government regulation of the Republic of Indonesia No. 38 Year 20007 concerning the Division of Government Affairs between the government and the Provincial Government of the Regency / City Government as a government affair which becomes the authority of the regional government towards the position of the ulayat rights of the customary law community in certain areas. In this study, in the Daily District of Samosir Regency. The authority, rights and obligations of Regional Government through stipulation in the form of Regional regulations have not been implemented, especially regarding local clan lands (ulayat rights of indigenous peoples). Therefore, this problem needs to be researched to get a true picture of the status of customary community rights in relation to regional autonomy in the Daily District of Samosir Regency. The results of this study, in the Samosir Kewenagan Regency Daily sub-district, the rights and obligations of regional government, it turns out that Tanah Marga (Hak Ulayat) is still regulated by local customary law, in fact the local government has the authority, rights and obligations to regulate and protect Ulayat Rights (Tanah Marga). certain by stipulation in the form of regional regulations, with the aim of providing legal certainty and benefits for the customary law community. Based on the research, it shows that the Land of Marga / Ulayat Rights of Indigenous Peoples in Harian District, generally in Samosir Regency, both horizontally and vertically until this research was conducted, there has been no settlement of certain customary rights of customary communities, in other words conflict resolution is still stagnant. The government needs to immediately establish the customary rights of customary communities in the form of a law. To ensure legal certainty / benefit and justice for all certain Customary law communities. Because ulayat rights are basically still found and still live according to the civilization of the Batak Toba people in the Daily District of Samosir Regency, which does not conflict with the development and interests of the Nation and the State.

The position of the customary rights of the customary law community in the Toba Batak community, namely the rights owned by a clan (State land), controlled, managed, utilized, the land and its contents for the needs of the citizens / descendants of the partnership as collective property that can be passed down from generation to generation (geneological) based on customary law. The UUPA recognizes the position of the ulayat rights of the customary law community in a formal juridical manner with discussion if in reality it still exists and does not conflict with the interests of the national, nation and state. The 1945 Constitution of the Republic of Indonesia Article 18-B paragraph (2), Article 28-I paragraph (3) The State recognizes and respects the customary public and their traditional rights as long as they are still alive. The cultural identity of traditional community rights is respected in accordance with the times and civilizations. The position of the customary rights of the Batak Toba community (land marga) in this study is still not as expected, in regulating and protecting laws from the past to the present, regulation and protection are still based on local customary laws. In Law No. 23/2014/9/2015 concerning Regional Government grants the authority of rights and responsibilities to provincial, regency / city governments to regulate and manage their own regions, one of the areas of defense based on the widest possible regional autonomy. The authority, rights and responsibilities of regional governments in regulating and protecting, managing their own ulayat rights (clan land) in certain areas are also in line with Presidential Decree No. 34 regarding policies in the defense sector, one of which is stipulation and is also in line with the government regulation of the Republic of Indonesia No. 38 Year 20007 concerning the Division of Government Affairs between the government and the Provincial Government of the Regency / City Government as a government affair which becomes the authority of the regional government towards the position of the ulayat rights of the customary law community in certain areas. In this study, in the Daily District of Samosir Regency. The authority, rights and obligations of Regional Government through stipulation in the form of Regional regulations have not been implemented, especially regarding local clan lands (ulayat rights of indigenous peoples). Therefore, this problem needs to be researched to get a true picture of the status of customary community rights in relation to regional autonomy in the Daily District of Samosir Regency. The results of this study, in the Samosir Kewenagan Regency Daily sub-district, the rights and obligations of regional government, it turns out that Tanah Marga (Hak Ulayat) is still regulated by local customary law, in fact the local government has the authority, rights and obligations to regulate and protect Ulayat Rights (Tanah Marga). certain by stipulation in the form of regional regulations, with the aim of providing legal certainty and benefits for the customary law community. Based on the research, it shows that the Land of Marga / Ulayat Rights of Indigenous Peoples in Harian District, generally in Samosir Regency, both horizontally and vertically until this research was conducted, there has been no settlement of certain customary rights of customary communities, in other words conflict resolution is still stagnant. The government needs to immediately establish the customary rights of customary communities in the form of a law. To ensure legal certainty / benefit and justice for all certain Customary law communities. Because ulayat rights are basically still found and still live according to the civilization of the Batak Toba people in the Daily District of Samosir Regency, which does not conflict with the development and interests of the Nation and the State.

The threat to disruption of food security due to rampant conversion of agricultural land is very significantagainst land use change according to Government Regulation No. 1 of 2011 concerning the Designation and Transfer of Function of Sustainable Food Agricultural Land in article 35 has regulated limitatively that land that has been designated as Sustainable Food Agricultural Land is protected and prohibited from being converted. The purpose of this study is to determine the implementation of land use change according to Government Regulation No. 1 of 2011 and to find out the legal consequences of the conversion of agricultural land into industrial areas. The method used in this research is sociological juridical method, the specification in this research is descriptive analysis, data used are primary data and secondary data, using data collection by interview and literature study, qualitative data analysis, problems analyzed by theory, legal certainty, and Justice Theory. The results of this study indicate that transfer of function in Government Regulation No. 1 of 2011 concerning the Designation and Transfer of Function of Sustainable Food Agricultural Land in article 35 regulates that land that has been designated as Sustainable Food Agricultural Land is protected and prohibited from being converted. The local government can carry out the conversion of land functions in the context of land acquisition for the public interest or a disaster occurs. Industry is not included in the public interest, which is allowed to use paddy fields for conversion. Regarding law enforcement on the conversion of agricultural land functions, the central and regional governments still consider that development is merely encouraging the improvement of physical infrastructure, which often sacrifices productive agricultural land. The conversion of agricultural land to residential areas, the development of public infrastructure and industrial facilities is quite alarming so that it will have an impact on the national and regional food crisis if not handled seriously. In the midst of the food self-sufficiency target, there needs to be serious steps in law enforcement and maximum protection of productive agricultural land.

The threat to disruption of food security due to rampant conversion of agricultural land is very significant against land use change according to Government Regulation No. 1 of 2011 concerning the Designation and Transfer of Function of Sustainable Food Agricultural Land in article 35 has regulated limitatively that land that has been designated as Sustainable Food Agricultural Land is protected and prohibited from being converted. The purpose of this study is to determine the implementation of land use change according to Government Regulation No. 1 of 2011 and to find out the legal consequences of the conversion of agricultural land into industrial areas. The method used in this research is sociological juridical method, the specification in this research is descriptive analysis, data used are primary data and secondary data, using data collection by interview and literature study, qualitative data analysis, problems analyzed by theory, legal certainty, and Justice Theory. The results of this study indicate that transfer of function in Government Regulation No. 1 of 2011 concerning the Designation and Transfer of Function of Sustainable Food Agricultural Land in article 35 regulates that land that has been designated as Sustainable Food Agricultural Land is protected and prohibited from being converted. The local government can carry out the conversion of land functions in the context of land acquisition for the public interest or a disaster occurs. Industry is not included in the public interest, which is allowed to use paddy fields for conversion. Regarding law enforcement on the conversion of agricultural land functions, the central and regional governments still consider that development is merely encouraging the improvement of physical infrastructure, which often sacrifices productive agricultural land. The conversion of agricultural land to residential areas, the development of public infrastructure and industrial facilities is quite alarming so that it will have an impact on the national and regional food crisis if not handled seriously. In the midst of the food self-sufficiency target, there needs to be serious steps in law enforcement and maximum protection of productive agricultural land.

With the enactment of Law Number 11 of 2020 concerning Job Creation, it has become a positive turning point in the Government's efforts to increase the number and value of investment in Indonesia while at the same time responding to challenges according to current developments with the method of resolving investment disputes by prioritizing deliberation and consensus up to the court mechanism. The purpose of this legal research is to analyze the legal certainty regarding the settlement of disputes between investors and indigenous peoples and to analyze the policies taken by the Government and Regional Governments in the context of resolving disputes in the perspective of legal pluralism. The research method used in this research is the normative legal method. According to the author, this is needed in order to provide guarantees for the basis of legal certainty, namely legal certainty and strengthening as well as the presence of the State in providing policy directions, commitments and joint responsibilities of the Government, Regional Governments in supporting and carrying out the process of forming laws and regulations that are in harmony and balance so that ensure the existence of public law and order in providing legal certainty in investing for investors, the community and the Government as well as the Regional Government in the context of improving regional economic development and community welfare in a fair and equitable manner.