INVESTOR PROTECTION IN MINING LAW IN INDONESIA

Abstract

The mining business sector is one of the business sectors that gets top priority from the government before and after the issuance of the Investment Law, both for foreign parties and domestic parties. The problem faced is how to authorize the issuance of coal mineral mining business licenses based on Law Number 23 of 2014 concerning Local Government and how investor protection is in mining law in Indonesia. The research method used in this study is normative legal research. The results showed that based on the principle of lex specialist dergoat lex generali, the provisions in Law Number 4 of 2009 concerning Mineral and Coal Mining should be applied, in which City Government has the authority to issue mining business permits and mining business permit areas located at district / city area. The mining industry requires consistency, legal certainty and legal protection from the government. Therefore, changing regulations, have negative implications on the world of investment. Business actors including Indonesian companies that work with foreign investors must continue to provide ideas and suggestions and help foreign investors do the right thing in accordance with regulations.The originality of the research is the government at various levels has to be careful in dealing with companies, especially those with foreign parties. Local governments must be able to detect problems as early as possible by providing complete information to investors and warning investors about the importance of investments in accordance with regulations.