The State’s Right to Control and Local Government Authority in the Mining Sector: A Legal-Policy Research

The principle of autonomy is generally intended to accelerate the advancement and bring equal prosperity to all Indonesians in accordance with the needs and capabilities of each region. This advancement and prosperities were a result of determination and the decision-making as the local government authorities, which are considered to be most familiar with the condition of its own local societies and regions. This article discusses the good governance and its role in regional autonomy as well as its correlation with other stakeholder's good governance. What is the role of local government? What is the action that should be taken by local governments to address the new role? And what is the relationship between the local government and other stakeholders' good governance? The policy of decentralization and local autonomy are generally believed to be able to provide positive benefits in the realization of the goal namely improving the well-being and service to the community as well as economic empowerment of the region. Government decentralization is believed to ensure an effective accomplishment of aspirations and the needs of local communities for centralized designs community programs.

A Study of Local Government in Africa through Participatory Action Research (PAR)

Local governance historically revolved around chiefs. However, colonialism witnessed the transfer of the powers and functions of chiefs to local government authorities. Current local government legislations failed to provide the needed formalised process of collaboration between the two actors resulting in conflict and tensions between them. This notwithstanding, chiefs have exhibited their preparedness to collaborate with developmental partners including local government authorities. The study examined the processes and activities that chiefs and local government authorities collaborated for the purpose of community development. Simple random and purposive sampling techniques were used to select forty-nine participants from New Juaben, Ghana. Multiple qualitative methods including participant observation, in-depth and key informant interviews were used to collect data. The study revealed that chiefs and local government authorities collaborated on an ad hoc basis in organising communal labour and sanitation, disaster management, revenue mobilisation and crime prevention. Though chiefs and local government authorities collaborated in diverse activities, the process of collaboration was not formalised. Chiefs are however needed in local governance to aid in the materialisation of the objectives of community development. The study recommends for the formalisation of the process of collaboration between the two actors to enable the former play active roles in local government.
 Keywords: Collaboration, Local Government Authorities, Chiefs, Community Development

Geographies of local government

Local governments have been explicitly recognised in the suite of international agreements, collectively known as the post-2015 Development Agenda. However, in post-conflict, in-conflict or fragile situations, the role of local governments and decentralisation processes more generally becomes even more complex than ‘normal’ development contexts. In the best-case scenario, decentralisation can be a tool to empower local communities, rebuild trust and transform conflicts. At the opposite end of the spectrum, it can be an instrument of domination or a new avenue for extending and firmly entrenching rent-seeking behaviour, eventually exacerbating conflict. This paper applies a practitioner’s lens to the papers included in this collection. It also draws on the author’s own experiences, most recently in Myanmar, which is emerging from international isolation, witnessing a huge and rapid economic and physical transformation, yet battling conflicts on several fronts. The role of local governments in this complex landscape is dynamic and rapidly evolving. The paper concludes by summarising the challenges faced by local governments in conflict, post-conflict and fragile contexts, and acknowledges the remarkable mobilisation and sustained advocacy by several local government associations and networks, many of which also came together under the umbrella of the Global Task Force of Local and Regional Governments.

This paper investigates the local effects of mining on the quality of public services and on people’s optimism about their future living conditions in Africa. Most importantly, it assesses the moderating role of local institutions and local governments’ taxing rights in shaping the proximity-to-mine effects. The empirical framework connects more than 130,000 respondents from the Afrobarometer survey data (2005–2015) to their closest mines based on the geolocation coordinates of the enumeration areas (EA) and data on the mines and their respective status from the SNL Metals & Mining by the S&P. The geo-referenced data are matched with new indicators on local governments’ taxing rights across the African continent. Using a difference-in-differences strategy, the results indicate that citizens living near an active mine are less likely to approve government performance in key public goods and services – including health, job creation and improving living standards of the poor. On the moderating role of local governance and local taxing rights, the findings point to a negative impact of local corruption, yet a positive impact of local authorities’ discretion over tax and revenues. However, the positive impact of local taxing powers tends to reduce in environments with poor quality of local governance, high incidence of bribe payment and low level of trust in local government officials. Residents of mining communities with low corruption and comparatively high-level of raising revenue ability have the highest rate of positive appraisal compared to the other scenarios.

This paper investigates the local effects of mining on the quality of public services and on people’s optimism about their future living conditions in Africa. Most importantly, it assesses the moderating role of local institutions and local governments’ taxing rights in shaping the proximity-to-mine effects. The empirical framework connects more than 130,000 respondents from the Afrobarometer survey data (2005–2015) to their closest mines based on the geolocation coordinates of the enumeration areas (EA) and data on the mines and their respective status from the SNL Metals & Mining by the S&P. The geo-referenced data are matched with new indicators on local governments’ taxing rights across the African continent. Using a difference-in-differences strategy, the results indicate that citizens living near an active mine are less likely to approve government performance in key public goods and services – including health, job creation and improving living standards of the poor. On the moderating role of local governance and local taxing rights, the findings point to a negative impact of local corruption, yet a positive impact of local authorities’ discretion over tax and revenues. However, the positive impact of local taxing powers tends to reduce in environments with poor quality of local governance, high incidence of bribe payment and low level of trust in local government officials. Residents of mining communities with low corruption and comparatively high-level of raising revenue ability have the highest rate of positive appraisal compared to the other scenarios.

This paper explores how budgeting contributes towards governance in the context of local government authorities (LGAs) in Tanzania.The study sought to examine the relationship from the perspectives of the local government stakeholders, namely councilors, local and central government executives and members of the parliamentary committee responsible for LGAs.Hence an interpretive methodology was adopted and grounded theory procedures (Strauss and Corbin, 1998) were employed in gathering and analyzing data.Data was collected in two LGAs through document review, interviews, and passive participant observation over a period of four months.The study revealed interplay between the stakeholders' perceptions of roles in local governance and budgetary practices.Budgeting was considered by all the stakeholders as a mechanism that facilitated discharge of the perceived roles in governance.Also budgetary practices influenced perceptions of their roles in governance.Such interplay is mainly shaped by the stakeholders' perspectives on governance and the nature of power relationship among these groups.Also of importance were the stakeholders' perceptions of governance, organizational arrangement, knowledge possessed by the groups of participants, policies and regulations, dependence on central government funding, availability of local revenue, interests of the stakeholders in the budgeting process, and availability of reliable and understandable budget information.Emergent findings also show that the interplay generates preferences for different budgetary practices amongst the local government stakeholders as well as development in such practices.The study makes theoretical, practical and policy contributions.

Particularly in rural areas, where agriculture is a predominant livelihood activity and land use planning is either non-existent or poorly understood, local governments are unable to generate information for policy decisions in the mining sector. This makes local governments planning ineffective at addressing mining and agriculture land use displacement issues. This study quantifies the potential displacement of the agriculture industry activities by the activities of the mining industry on rural space. It also discusses the role of local governments planning and management strategies for mining related land use conflicts in rural areas. For this purpose, a case study has been conducted in the emerging Ghana's north-west gold province. Participatory Rural Appraisal (PRA) tools, the economic base model, and geospatial tools have been integrated and used in GIS. The study finds that agricultural production in the districts just suffices local demand and insufficient for export. Apart from the potential displacement of cultivable lands and pastures by exploration and mining activities, the evidence also suggests a potential displacement of crop farmers and livestock in affected communities. In the wake of mining and exploration activities, district assemblies are expected to extend their coordinating role between economic diversification, food security and land use conflicts. The study's findings will enhance benchmark indicators for removing tensions and risk uncertainties associated with mining and exploration activities in the districts.

In Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies, it is stated that, Companies that carry out their business activities in the field and / or related to natural resources are required to carry out social and environmental responsibility, these obligations are budgeted and calculated as the company's costs. carried out with due regard to appropriateness and reasonableness and if the obligation is not carried out, then it will be subject to sanctions in accordance with the provisions of the prevailing laws and regulations. Referring to this provision, this authority is the authority of the central government. However, if we refer to Law Number 23 of 2014 concerning Regional Government, it also has authority in the social and environmental fields. So that in this paper we will examine the extent of regional authority in terms of corporate social and environmental responsibility in the regions. The research method used is normative juridical legal research. The results of the study show that the authority of local governments regarding corporate social and environmental responsibility is not clearly stated in Law Number 23 of 2014 concerning Regional Government. However, based on the principle of regional autonomy, local governments can exercise powers that are not absolutely the authority of the central government. Therefore, in the future, the regional government authority has a strong legal basis so that the authority regarding corporate social and environmental responsibility is contained in statutory regulations. Keywords: Responsibility, Social, Company, Local Government. In Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies, it is stated that, Companies that carry out their business activities in the field and / or related to natural resources are required to carry out social and environmental responsibility, these obligations are budgeted and calculated as the company's costs. carried out with due regard to appropriateness and reasonableness and if the obligation is not carried out, then it will be subject to sanctions in accordance with the provisions of the prevailing laws and regulations. Referring to this provision, this authority is the authority of the central government. However, if we refer to Law Number 23 of 2014 concerning Regional Government, it also has authority in the social and environmental fields. So that in this paper we will examine the extent of regional authority in terms of corporate social and environmental responsibility in the regions. The research method used is normative juridical legal research. The results of the study show that the authority of local governments regarding corporate social and environmental responsibility is not clearly stated in Law Number 23 of 2014 concerning Regional Government. However, based on the principle of regional autonomy, local governments can exercise powers that are not absolutely the authority of the central government. Therefore, in the future, the regional government authority has a strong legal basis so that the authority regarding corporate social and environmental responsibility is contained in statutory regulations. Keywords: Responsibility, Social, Company, Local Government.

PurposeThe purpose of this paper is to analyze and examine the influence of the role of the central government, the role of local government, community participation, governance on the success of post-COVID-19 food security policies.Design/methodology/approachThis study conducted a quantification study related to phenomena related to the success of post-COVID-19 food security policies. The data used are primary data with a research instrument in the form of a questionnaire. Data analysis using the measurement model Structural Equation Model (SEM). The population in this study was all people in the city of Bandung, Indonesia.FindingsThe role of the Central Government (X1), the role of the Local Government (X2) and Public Participation (X3) is very important for improving Governance (Y1) and Food Defense Policy (Y2). Thus, the conditions of the role of the Central Government (X1), the role of the Local Government (X2) and Public Participation (X3) must always be maintained. Efforts to maintain the role of the Central Government (X1) and the role of the Local Government (X2) can be done by paying attention to the organizing aspect. This indicator is known to have a very important influence in reflecting the role of the Central Government (X1) and the role of the Local Government (X2). On the other hand, efforts to increase Public Participation (X3) can be done by paying attention to the Psychological indicators (X31).Originality/valueThe government must take steps to prevent a food crisis. Apart from that, the government is also deemed necessary to map existing agricultural potentials, stabilize food prices, carry out consolidation related to agricultural land and also make regulations related to existing food problems. Apart from the role of the government, the public can also take part in maintaining food security to avoid a food crisis. Communities have the opportunity to build food sovereignty and self-sufficiency. During a pandemic like this, people tend to be more creative and can be creative to outsmart existing situations. This includes maintaining access to food. The community is expected to have the awareness to undertake at least independent planting to meet their own food needs.

Improvement and access to quality healthcare are a global agenda. Sustainable Development Goal (SDG-3) is committed to ensuring good health and well-being of the people by 2030. However, this commitment heavily depends on joint efforts by local authorities and the immediate service providers to communities. This paper is set to inform the status of health service provision in local authorities in Tanzania using the determinants for quality health services in Dodoma City and Bahi District. A cross-sectional research design was employed to collect data from 400 households in the Local Government Authorities. The five-service quality (SERVQUAL) dimensions of Parasuraman were adopted to gauge the quality of service in public healthcare facilities. Descriptive statistics were used to compute the frequency and mean of the demographic information and the quality of health services, respectively. A binary logistic regression model was used to establish the influence of the demographic dimensions on the quality of health services. The findings revealed that quality health services have not been realised for healthcare seekers. Further, the area of residence, education, and occupation are significantly associated with the perceived quality of health service delivery in the Local Government Authorities. The healthcare facilities under the LGAs offer services whose quality is below the healthcare seekers' expectations. The study recommends that the Local Government Authorities in Tanzania strengthen the monitoring and evaluation of health service delivery in public healthcare facilities.

Background: The aim of the study was to investigate the role of local government and selfgovernment and their role in population health. In this article I have tried to analyze the role of local government and self-government. The study was conducted in a pandemic and was conducted through a google form. There were both open and closed questions, with a minimum of 2 questions per question; an environmental survey was also conducted among the population. Want more greenery, treadmills squares, etc. The recommendations will be it would be good to conduct a survey, for a certain period of time, both on site and online and be confidential; Conduct a large-scale study in Georgia The role of local self-government and governance The role of local governance and self-government in the health care scheme of the population; Find appropriate resources (financial, human) for training and further supportive supervision.

Local government together with the Regional Perwakuilan Rakyat (DPRD) held local government and assisted by elements of regional tools related to the implementation of the affairs that become the authority of local government. In the implementation of regional government elements of local government together with the Regional People's Legislative Assembly to organize local government and assisted by elements of regional tools related to the implementation of the affairs that become the authority of local government. In certain matters, the local government is assisted by other elements such as vertical institutions in the region, in the form of the administration of public affairs and other residual matters. In this regard, in Law No. 23 of 2014 on Regional Government, a forum called the Coordination Forum for Regional Leaders or shortened with FORKOPIMDA should be established. FORKOPIMDA formerly called this element of deliberation of regional leadership or abbreviated with MUSPIDA. in carrying out its function FORKOPIMDA still find various problems, such as budgetary sources, management FORKOPIMDA, organizational structure, and so forth. The Regional Leadership Coordination Forum was established based on Law Number 23 of 2014 on Regional Government. Historically the Regional Leadership Coordination Forum was in the form of a Regional Leadership Council or abbreviated as MUSPIDA, the function of Forkopimda is to support the implementation of general government affairs by local governments Activities associated with FORKOPIMDA are funded through the State Budget and Expenditure Budget. It is suggested to the government to immediately issue a government regulation on FORKOPIMDA. It is recommended to Provincial and District / City region to take initiative in tackling the cost of organizing general government affairs. It is advisable to the government to immediately issue a government regulation on FORKOPIMDA and to Provincial and District / City Offices.

The transformation of countries in Eastern Europe involves sweeping changes in the scope and roles of national and local governments. The reallocation of economic activities between the public and private sectors and decentralization from national to local governments are complex and difficult processes. This article explores the role of local governments in privatizing the social infrastructure assets of state-owned enterprises, especially housing complexes. Two case studies are used to compare approaches used by local governments to assume responsibility for these facilities. The Polish experience suggests that nations undertaking privatization of social assets should give greater consideration to the role of local governments in the process. The local governments are more flexible in their approach than the central government and can tailor the transformation to local conditions.