Abstract

The main issue of this research is how the political law on coal mining to manifest the people's prosperity in Indonesia based on the sustainable development principle. Using normative research with interdisciplinary research approaches such as law and sociological approach, it gains some results: firstly, in the legal issue, Indonesian government should comply with the Article 33 of the 1945 Constitution, as an economic system aimed in realizing people's sovereignty in the economic field. Secondly, some regulations related to coal mining still have some loopholes. As a result, it needs evaluation in the field of legal structure to enforce the rule of law based on the communities’ existing values as the reflection of Pancasila and the 1945 Constitution. Thirdly, the control of the state in the coal utilization and a new balancing in national policy management based on the sustainable development are necessary where the objectives of coal exploitations in mining are not only to pursue economic gain but also to have equal responsibilities to the social and the environment

Highlights

  • The State of Indonesia is a unitary state which has the form of Republic.1 As a state of law, the government power in this country is based on a constitutional

  • Implement corporate social responsibility; 13 The mining company's activities based on the Law on PT, require mining companies to have Corporate Social Responsibility (CSR) activities, which are budgeted at a maximum of 4% of the annual profits of state-owned enterprises

  • Coal as a natural resource within is the unrenewable natural resources, in its management must be done optimally, efficiently, transparently, sustainably and environmentally friendly and equitable in order to advance the maximum benefit for the welfare of the people of Indonesia in a sustainable manner

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Summary

INTRODUCTION

The State of Indonesia is a unitary state which has the form of Republic. As a state of law, the government power in this country is based on a constitutional. As a state of law, the government power in this country is based on a constitutional. That within the State of law, the "sense of people justice" should not ignore. In the Constitution, the use of the earth, water and natural resources contained therein, shall be arranged that the public may utilize or obtain the greatest results for the welfare of the people. The Constitution inexplicitly mention of what kind of mining activities that can result the proper prosperity and welfare. In some province of Indonesia, the problem of mining continues with various complexities. For Instant there are same problems in South Sumatera which indicate, and Sriwijaya Law Review Vol 3 Issue 1, January (2019). The area of SUMSEL which approximately from totally 8.7 million hectares allocated for mining and plantations almost 5 million hectares.

Coal Mining
Procedure
Article 1 verse 2
Article 1 point 3
Findings
CONCLUSION
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