Abstract
Minerals and coal are two elements of natural wealth owned by the Indonesian people and managed according to the country's economic system as regulated in Article 33 of the 1945 Constitution of the Republic of Indonesia. This paper examines the criticism of the birth of mineral and coal mining legal products amid the Corona Virus Pandemic Disease (Covid-19) that is deadly and afflicts most countries in the world including Indonesia, namely Law Number 3 of 2020 on Amendments to Law Number 4 of 2009 on Mineral and Coal Mining thus the regulations of mineral and coal mining creates problems. The approach method was used a socio legal approach. The results of the study show that problems that arise in the regulations of mineral and coal mining in terms from the political law and responsive law perspectives due to two factors between: (1) Contrary with establishment of legislation principles related discussion the draft Law on Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining. (2) Contrary with responsive law because participations of community low in establishment the draft Law on Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining.
Highlights
In United State of Republik Indonesia (NKRI), there are national ideals and goals that need to be realized in a sustainable manner, which are contained in the Preamble of the 1945 Constitution of the Republic of Indonesia which mention that To form an Indonesian State Government which to protect the entire Indonesian nation and all the blood of Indonesia and to promote public welfare, to educate the nation's life, and to participate in implementing world order based on independence, eternal peace and social justice
This socio legal approach focus on the study and analysis of the political configuration in political law perspective and participations of community in responsive law perspective related with establishment of draft Law on Amendments to Law Number 4 of 2009 which was legalized into Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009
From a political law perspective, establishment of Draft Law on Amendments to Law Number 4 of 2009 through a mechanism regulated in Law Number 12 of 2011 concerning Establishment of Legislations in a responsive law perspective, participations of community is the main principle in establishment of draft Law on Amendments to Law Number 4 of 2009 which should not be ignored
Summary
In United State of Republik Indonesia (NKRI), there are national ideals and goals that need to be realized in a sustainable manner, which are contained in the Preamble of the 1945 Constitution of the Republic of Indonesia which mention that To form an Indonesian State Government which to protect the entire Indonesian nation and all the blood of Indonesia and to promote public welfare, to educate the nation's life, and to participate in implementing world order based on independence, eternal peace and social justice. 2) The Development of Regulations of Mineral and Coal Mining in Indonesia Political Law Perspective Based on the definition of political law explained by several experts, according to the author, the political law of mineral and coal mining is an official state policy to establisment, implementation, and enforcement a law products that aims to regulate mineral and coal mining in order to realize national ideals and goals, namely realizing social welfare for all Indonesian people. 3) The Problems in Mineral and Coal Mining Regulations Political Law and Responsive Law. According to author, establisment the Law Number 3 of 2020 concerning Amendments to. Invitation for more details can be seen in the table below:
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