Mining Business License Research Articles

The Law Enforcement of Environmental Law against Illegal Mining

The purpose of this study is to identify and analyze law enforcement against illegal mining in Indonesia. Based on the results of the study, it can be concluded that illegal mining law enforcement is an unlawful act, regulated by Act No. 4 of 2009 concerning Mineral and Coal Mining, the threat of punishment is regulated from Articles 158 to 165. Administrative law enforcement in illegal mining crimes by the authority law enforcement is carried out in a preventive manner. Supervision in law enforcement of mining administration in a limited manner has been regulated as stipulated in the provisions of Article 39, Article 78 and Article 79 concerning Mining Business Permits (IUP) or Special Mining Business Permits (IUPK). The signs contained in the Mining Business Permit (IUP) or Special Mining Business Permit (IUPK), are obligations that must be carried out by the recipient of the Mining Business Permit (IUP) or Special Mining Business Permit (IUPK), and if a violation is committed, the official who issuing the permit has the right to impose sanctions. Based on this suggestion, it is hoped that there will be coordination and integration between relevant agencies, in particular to carry out socialization activities for legal counseling regarding Act No. 4 of 2009.

The Study of Land Conflict of Mining Activities in the Forest Areas in Morowali Regency

This research aims to describe the chronologies of land conflicts of mining activities in the forest (Borrow- to- Use Permit for Forest Area of PT. Mahligai Artha Sejahtera), identify the dominant factors that cause conflict, and provide an overview of conflict resolution efforts. This research was conducted by collecting information from the public, the permit holder, in this case, PT. Mahligai Artha Sejahtera and related parties. This research was a qualitative descriptive method in terms of subject and history study and facts of the field. The data of this research was collected from August to October 2020. Based on the decree of the Minister of Forestry and Plantation No. SK.757 / Kpts-II/ 1999 on September 23, about the designation map of Forest and Territorial Waters in Central Sulawesi Province, the land location of Buleleng communities was an area for other use but in 2013 (No. SK.635 / Menhut-II / 2013 on September 24, 2013) and 2014 (SK.869 / Menhut-II / 2014 on September 29, 2014) turned into Forest Areas. However, PT Mahligai Artha Sejahtera has an approval license, an environmental feasibility license, an Increase Exploration Mining Business to a Production Operation Mining Business License, and a borrow-to-use permit from the local Government and the Ministry of Environment and Forestry. The function change of the areas in Buleleng village has resulted in conflicts. It is necessary to resolve land disputes by revising the RTRWP/K and establishing forests. Keywords: Conflict, the Function Change of Areas, Land Conflict, Mining Activities, Forest Areas.

Legal Certainty Special Mining Business License (Study: IUPK as a Continuation of Contract of Work and Work Agreement for Coal Mining Exploitation in the Minerba Law)

After the promulgation of Law Number 3 of 2020 many people highlighted the addition of Article 169A which explains the guarantee of extension through special mining business license (IUPK) for holders of the contract of work (KK) and work agreement for coal mining exploitation (PKP2B) which will expire. However on the other hand this Article also creates unrest for KK and PKP2B holders because the granting of extensions through the IUPK is not automatically granted but with considerations that have been explained in the law. The formulation of the problem raised in this study is about the legal certainty of granting IUPK and legal protection for KK and PKP2B holders if the application for extension through IUPK is rejected by the Ministry of Energy and Mineral Resources. This study uses a normative juridical research method namely through a literature study with a statutory approach. The results indicate that there was no legal certainty from the IUPK as a Continuation of Contract/Agreement Operations and no legal protection for KK and PKP2B holders if the extension through IUPK is rejected by the relevant Minister. The provisions regarding these rules in the current Minerba Law must be explained more clearly in the Government Regulation regarding Minerba in order to provide legal certainty and protection for mining business actors.

ANALISIS PUTUSAN HAKIM TERHADAP TINDAK PIDANA MEMBERI KESEMPATAN PADA ORANG LAIN UNTUK MENGANGKUT MENJUAL BATU BARA

The company must have a Mining Business Permit,a Special Mining Business Permit (IUPK),and Business Permit to Transport and Sell Coal.One of the decisions regarding the criminal act of abusing mining business permits is in the decision Number:550/Pid.B/LH/2020/PN.Tjk.The problems in this study are what are the factors causing and how judges consider criminal acts to provide opportunities for other people to use Mining Business Permits (IUP),IUPK and Business Permits to transport and sell coal.Decision Study Number:550/Pid.B/LH /2020/PN.Tjk).This study using secondary data sources and primary data.Factors causing the crime to provide opportunities for other people to use IUP,IUPK,and Business Permits to transport and sell coal were carried out by the Defendant because the Defendant was a worker who was ordered by his superior named Limanto to submit documents on behalf of PT.Prisma Jaya to the truck driver for transport and deliver coal.The judge's consideration of criminal act provides an opportunity for other people to use the IUP,IUPK and business permits to transport and sell coal where the Judge gives a verdict that the defendant is subject to imprisonment for 10 months and the Defendant remains detained and determines that the Defendant is burdened with paying court fees in amount of Rp.5,000.00.

ANALISIS PUTUSAN HAKIM TERHADAP TINDAK PIDANA MEMBERI KESEMPATAN PADA ORANG LAIN UNTUK MENGANGKUT MENJUAL BATU BARA

The company must have a Mining Business Permit,a Special Mining Business Permit (IUPK),and Business Permit to Transport and Sell Coal.One of the decisions regarding the criminal act of abusing mining business permits is in the decision Number:550/Pid.B/LH/2020/PN.Tjk.The problems in this study are what are the factors causing and how judges consider criminal acts to provide opportunities for other people to use Mining Business Permits (IUP),IUPK and Business Permits to transport and sell coal.Decision Study Number:550/Pid.B/LH /2020/PN.Tjk).This study using secondary data sources and primary data.Factors causing the crime to provide opportunities for other people to use IUP,IUPK,and Business Permits to transport and sell coal were carried out by the Defendant because the Defendant was a worker who was ordered by his superior named Limanto to submit documents on behalf of PT.Prisma Jaya to the truck driver for transport and deliver coal.The judge's consideration of criminal act provides an opportunity for other people to use the IUP,IUPK and business permits to transport and sell coal where the Judge gives a verdict that the defendant is subject to imprisonment for 10 months and the Defendant remains detained and determines that the Defendant is burdened with paying court fees in amount of Rp.5,000.00

PENYALAHGUNAAN WEWENANG PEMERINTAH DALAM PEMBERIAN IZIN USAHA PERTAMBANGAN (IUP) PADA PERUSAHAAN PT TAMBANG MAS SANGIHE (TMS) DI KABUPATEN KEPULAUAN SANGIHE

cases among the public is the ease of granting a mining business permit for PT Tambang Mas Sangihe (TMS) based on Decree Number 163.K/MB.04/DJB/2021 concerning Mining Business Permits (IUP) for the use of production operations, where the substance granting this permit is contrary to Law No. 27 of 2007 on Management of Coastal Zone and Small Islands as a binding legal norm for the public. This research examines the legal consequences and legal remedies and categorizes acts of abuse of authority over the issuance of the permit using normative research. The results of this study are Decree Number 163.K/MB.04/DJB/2021 concerning Mining Business Permits (IUP), which have legal consequences for revoking or cancelling through legal remedies in the form of revocation, postponement, and cancellation by authorized officials, officials who issue permits. It categorizes as an act of abuse of authority, namely exceeding the authority because the action has violated the provisions of the legislation

Implementation of Mining Business License and Intergenerational Justice in Indonesia

Regulation on Mining Business license the revision of Law no. 4 of 2009 concerning Mining still sets aside many counter-productive problems to realize a comfortable, productive, sustainable, and just living space for the community as a form of the goal of utilizing natural resources for the greatest prosperity of the people as stipulated in Article 33 paragraph (3) of the 1945 Constitution. However, the implementation of Business license Indonesia still shows an exploitative paradigm, in which the granting of Mining Business licenses tends to facilitate all requirements for investors or mining companies. Business licenses granted to investors or mining companies are more likely to ignore the requirements of environmental protection and protection of community rights and empowerment of local communities. They tend to control an extensive mining area for a very long period. So, this tends to limit the opportunity for the next generation to enjoy the natural mineral and coal resources in their area.

Penggalian Tambang Ilegal yang Terjadi di Kecamatan Sukatani Kabupaten Purwakarta Dihubungkan dengan Peraturan Daerah Kabupaten Purwakarta Nomor 6.A Tahun 2009 Tentang Pengelolaan Pertambangan Umum

In mining exploitation in Indonesia, every business actor is required to have a Mining Business License prior to carrying out such mining activities and / or businesses. This permit can be obtained from the government, because a permit is a one-sided government act based on statutory regulations to be applied to concrete events according to certain procedures and conditions. However, in fact there are many mining business actors who carry out mining activities without obtaining a permit, so the author is interested in knowing the factors that cause illegal mining to occur. And the research method used in this writing is using the juridical-normative method, where the data collection techniques are researched through literature studies, law books, and other literature. In addition, the authors also use primary data, namely by conducting interviews with parties who are aware of the illegal mining case. The factor that led to illegal mining excavation in Sukatani Subdistrict, Purwakarta Regency, was the demand for a national project for the Jakarta - Cikampek Toll Road, so this project was used as a justification for mining entrepreneurs to carry out mining activities without having an official permit from the government.

E-GOVERNMENT IN OPTIMIZING NON-TAX REVENUE OF THE MINING SECTOR IN INDONESIA

This research purpose to analyze the strategic and technical to encourage the potential of Regional Contribution of Non-Tax State Revenues (PNBP) of the mining sector is still not optimal in Indonesia given the existing number of inhibiting factors, such as corruption loophole, non-compliance, and inefficiency throughout the mining cycle. Whereas, several demands have raised by the community in mining governance, such as better government services, the need for flexibility and accuracy in formulating policies, and the need for improving the information technology of the PNBP management system. Based on the literature review using centralization and decentralization theory, two conclusions are produced. First, PNBP governance in the mining sector has not implemented e-government in integrating the central government, regional/local governments, Mining Business Permit holders, and competence stakeholders. Second, the e-government implementation should reflect public participation, transparency, and accountability at every stage of mining activities in overcoming the supervision weaknesses and the existing regulatory gaps that have caused the non-optimal of PNBP of the mining sector.

Effectiveness of The Mining Business License to Protect The Sustainability of The Environment

Mining business permits as a substitute for a work contract as outlined in the Ministerial Regulation and Mineral Resources of the Republic of Indonesia No. 26 of 2018 concerning Implementation of Good Mining Principles and Supervision of Mineral and Coal Mining. This change in form from contract to permit is actually one of the means to ensure that there is government oversight of investors so as not to do things that are detrimental, especially things that can damage the environment. Based on this background, the problem of this paper is the characteristics of the mining business license and its role in preserving the mining. The laws and regulations regarding registration and licensing in investment procedures are already good, it's just that there is a need for tightening in the supervision of investment implementation in the field. In addition, community participation also needs to be increased in preserving this environment.

The Principle of Regulation of Mining Business License

The purpose of this study is to see and analyze the substance of a mining business permit regulation for the government to communities around mining and to find out and analyze the basic principles of a government policy to give birth to the welfare of communities around mining. This research used socio-legal research, which is a type of research whose orientation is focused on legal and non-legal aspects, namely the work of law in society and government. This revealed is that (1) the nature of Mining Business Permit Arrangements in regional autonomy has created euphoria among local governments, one of which is the assumption that mining belongs to the region and the local community; (2). Whereas the basic principle of the birth of a policy that does not pay attention to the welfare and interests of the local community will result in environmental damage, disharmony between residents, and the absence of commitment to building from mining entrepreneurs from the community around the mine.

Post-Mining Reclamation as An Environmental Policy: A Gold Mining Case Study

Gold mining in south-east Sulawesi Bombana is one of the potential natural resources in Indonesia. But nowadays the condition is due to lack of responsibility of the mining business to conduct post-mining reclamation in Bombana area, even though the mining activity has been carrying out mining business license. Post-mining activities are very important and must be done by the mining company, because it can minimize the destruction of natural environment in the mining site. The purpose of this research is to find out the mining conditions in the Bombana area as well as arrangements related to post-mine reclamation in the Bombana area. This study was written using the normative from data obtained by library research. Then related to the implementation of post-mining reclamation in Bombana is currently not carried out maximally, it is due to the uncertainty of regulations related to the post-mine reclamation obligations and the sanctioned rules that will be applied in the future still depend on local government regulations but the implementation is still not able to work effectively. So the steps that need to be taken in this case to avoid damage to the environment surrounding the mining site is necessary cooperation between the Government, the mining business actors and the community using soil conservation technology such as post-mining reclamation, which is regulated in a clear, transparent, accountable legislation.

HUKUM SEBAGAI INSTRUMEN KEBIJAKAN PUBLIK DALAM IZIN USAHA PERTAMBANGAN BATUBARA


 
 
 
 Indonesia is known as an international coal supplier, as in Borneo. The March 2007 abare report (Australian bureau research for agriculture and economic resource) has placed Indonesia as the world's largest coal supplier (about 25%) in the world, followed by Australia, South Africa, China, the Russian, Colombian, and United States. Massive uncontrolled coal deployment, one day it's going to cause big trouble. On the negative side, this actually encourages both national and foreign private companies to achieve even greater coal extinctions. Therefore, governments should actually be working on the redefinition and reorientation of the mining exploitation to be truly beneficial to the people.
 There are two problems that appear: 1) How is the law as a public policy instrument in coal mining business license?, 2) How does the institutional public policy model in mining permissions? To answer the issue is used descriptive research method analysis so that it is concluded that: Mining Problems in Indonesia lies in the exploitation of coal mining that is so great to overlook the interests of local communities and the environment. The role of law as a public policy instrument can be poured through coal mining permissions. This permission policy uses an institutional public policy model where the government is legitimizing licensing. The legitimacy has implications in the sanctions of any violations in the field of coal mining both in the form of criminal sanctions and administrative sanctions. This policy is also universal.
 
 
 

LEGALITAS IZIN USAHA PERTAMBANGAN KHUSUS OPERASI PRODUKSI PT. FREEPORT INDONESIA

This legal research aims to review and analyze to the legality of the Special Mining Business Permit (known as IUPK) of PT. Freeport Indonesia (PT. FI). The research method uses a statute, conceptual and case approach. The legal material used in this research was obtained from the legislation, legal principles, legal concepts, and doctrines related to the legality of the Special Mining Business Permit (IUPK) of PT. Freeport Indonesia as a source of primary material as well as literature (including journals both national and international journals), articles, internet, and scientific papers, contains developments or actual issues regarding the law of certain fields as secondary legal material. The results of this study to explain that the Special Mining Business Permit (IUPK)of PT. FI is the result of an agreement made by the Indonesian government and PT. FI. The Special Mining Business Permit (known as IUPK) of PT. Freeport Indonesia (PT. FI) is contrary to the requirements and procedures established based on Law Number 4 of 2009 on Mineral and Coal Resources (the Minning Law).

The Optimalization of Coal Mining Supervision for the Environmental Law Enforcement on Post-Mining Activities

Many coal mining companies are reluctant to carry out reclamation and post-mining, of course, resulting in environmental, ecological and community losses. Therefore this article tries to parse and explain the role and function of supervision as an effort to enforce administrative law related to the obligation to conduct reclamation by coal mining companies in order to preserve the environment and provide public justice. In addition, it also describes the construction related to withdrawing good post-mining reclamation funds in an effort to overcome the bad faith of the mining company. This research is a type of normative legal research. In this research, it is known that this is a result of the lack of intensity of supervision carried out by the government both before the Mining Business License (IUP) is issued or after the IUP is issued. First, in the case of supervision prior to the issuance of IUPs, it is known that many of the management of IUPs are issued without attaching reclamation and post-mining plans which are actually mandated by Article 99 (1) of Law 02/2009 which should be a reference for supervision of companies in conducting post-mining reclamation. Second, in terms of supervision after the issuance of IUP, it is known that the regulation on supervision, work mechanism, distribution of supervisors in mining areas, action models, is a problem that has never been well formulated to date. Then related to the large number of mining companies that have not provided reclamation and post-mining guarantee funds, it is known as a result of the regulation regarding withdrawal of post-mining Reclamation funds not clearly regulated in mining law in Indonesia.

Good mining practices toward a good mine management: a case of mining business permit issuance

Maladministration fundamentally starts from the misconduct of public officials. It then extends to providing bad service ranging from acceptance, process, and administration execution, which includes the issuance of permit in mining sector. Mining management plays an important role in meeting people’s needs. The management also serves an important function to provide added value to national economic growth and sustainable regional development. This study aims to examine the correct method to find the philosophy of Mining Business Permit (IUP) issuance, norm formulation of government authority to grant IUP, and government authority to issue IUP that carries implication for criminal offense. The methods combine two approaches, namely legal and problem approach. The application of such method can contribute to the formulation of an integrated holistic policy to issue IUP and optimize collective strategic resources for the greater good of human life. This study found that maladministration of mining business permit has engendered complexities and overlapping decisions in both vertical and horizontal levels. In vertical level, conflict of authority and overlapping decisions occuredin central and regional government.

PENERAPAN PRINSIP FIRST COME FIRST SERVED DALAM PENYELESAIAN TUMPANG TINDIH WILAYAH IZIN USAHA PERTAMBANGAN

Indonesian mining industry have undergone impressive pace of development that dispute concerning overlapping on Mining Business License Area which triggers Mining Business License cancellation or revocation. One of such incidents occur between PT Kemakmuran Pertiwi Tambang and PT Wana Kencana Mineral, whereas both companies obtained Mining Business License for the same commodity on the same Mining Business License Area. How can legal certainty be relied upon concerning the Operation Production Mining Business License for holders of Exploration Mining Business License on the overlapped Mining Business License Area based on Mining Law and does the revocation conducted by the Governor of North Maluku has been in accordance with the applicable regulation? To answer both issues above, the author utilized normative qualitative analysis technique and interviews as supporting data. Based on Law No. 4 Th. 2009 concerning mineral and coal mining Article 46, every holder of Exploration Mining Business License shall reserve the right to obtain Operation Production Mining Business License and by using "first come first served" system, PT Kemakmuran Pertiwi Tambang should have the first right to obtain Mining Business License since they have obtained the Exploration Mining Business License in 2005. Meanwhile the revocation conducted by the Governor of North Maluku is clearly against the applicable regulations such as Law No. 30 Th. 2014 concerning Government Administration, Law No. 9 Th. 2015 concerning Regional Regulation, General Principles of Good Governance and Article 119 of Mining Law concerning the terms for Mining Business License revocation.

THE SERVICE QUALITY OF THE MINING BUSINESS PERMIT: STUDY IN THE INTEGRATED BUSINESS PERMIT SERVICE AGENCY OF TASIKMALAYA CITY

In public services, the step that needs to be considered by the government bureaucracy is how to increase awareness of the public interest, and for that the quality of public services by the government bureaucracy that has high dedication and loyalty will certainly be more relevant to current conditions. Government bureaucracy should be a channel of devotion and high loyalty to services that are oriented to the public interest, not vice versa which is abuse of power or authority. In carrying out its duties or functions of the government bureaucracy must be aware of changes both internally and externally. The tendency inherent in the government bureaucracy is the lack of attention to affordability and equity in service to the public interest. Easy, cheap, fast, right safe and comfortable service is fundamental to the public, because it can be seen from the socio-economic conditions that they cannot get expensive services. It is unfortunate that in fact, seeing that there are still many bureaucrats that tend to avoid public interests, that is why the level of the service quality for the public is still low. This study aims to analyze and describe the service quality of the mining business license in the Integrated Licensing Service Agency of Tasikmalaya City. The statement of the problem is that the service quality of the mining business licenses is still not good, while the formulation of the problem is how is the service quality of the mining business license at The Integrated Licensing Service Agency of Tasikmalaya City? The usefulness of this research is generally useful for aspects of scientific development in public administration, and is particularly useful in developing the public service quality . The research method used is a survey. Data collection techniques through primary and secondary data with presentation analysis. The results showed that the quality of public services in the mining business permit services in The Integrated Licensing Service Agencyof Tasikmalaya City was not good.
 Keywords: Government Bureaucracy, Quality of Public Servants

Tanggung Jawab Hukum Terhadap Hilangnya Nyawa Orang Di Lubang Tambang Batu Bara Ditinjau Dari Perspektif Hukum Pidana (Studi Kasus PT. Cahaya Energi Mandiri (CEM), kelurahan Sambutan Kecamatan Samarinda Ilir)

The use of natural resources in coal mining has many positive and negative impacts. The positive impact is increasing economic and social development both for the community in terms of employment and the government of the Province of East Kalimantan and the Regency of the City of the Producer in terms of Regional Original Revenue (ROR). Negative impacts include the destruction of forests in the area around the mine, contamination of the sea, disease outbreaks for people who live in the area around the mine, even the real negative impact on mining that makes the loss of one's life due to ex-mining holes, legally the case of responsibility for loss of life the person in the coal mine pit is not one person responsible, but there are some responsible parties.The object of research is PT. Cahaya Energi Mandiri, and the Government and the police related to the loss of life of people in mining pits or Mining Business License (IUP) of PT. Cahaya Energi Mandiri. So the purpose of this first thesis is to know and analyze the Legal Responsibility to the Loss of People Life at the Coal Mine Hole Judging from the Perspective of Criminal Law, the second to know and analyze the elements of criminal acts associated with the field of coal mining.The research method used is the normative-empirical legal research method that is merging between the approach of normative law with the addition of various empirical element.From the results of the research can be seen that the loss of life of the pit hole people have met the elements in the provisions of criminal law, because the loss of the lives of people perforated mine has met the elements in Article 359 KUHP and article 112 of Law Number 32 the Year 2009 on Protection and Environmental Management. While the criminal law responsibility can be imposed on the holders of IUP and the Government as the party responsible for environmental monitoring by punishment in the form of imprisonment or restitution or compensation for the victim or his family by the perpetrator.

Kajian Produktivitas Alat Gali Muat dan Alat Angkut dari Pit 1 untuk Pengangkutan Batu Granit di PT Aditya Buana Inter Desa Jurung Kecamatan Merawang

The mining industry sector is an important sector for Indonesia's development (Prasetya and Ernest, 2013). PT Aditya Buana Inter, hereinafter abbreviated as PT ABI, is one of the mining companies that utilize natural resources in the form of rock mining (article 34) Law No. 4 (2009), in this case granite and began mining activities in 2002. The main activities in granite mining consist of stripping the overburden, drilling, blasting, dismantling, loading and transporting to the processing unit (crushing plant) with the distance from the mining front to the processing unit namely ± 1.7 km. Area of ​​40 Ha Mining Business Permit is located in Jurung village. The granite mining activities carried out by PT ABI are carried out with an open-pit mining system. Based on the PT ABI work plan for the production target of transporting granite in January 2018 is 13,000 BCM, while the actual production is only 9,085 BCM with unattainable 3,915 BCM. The percentage of granite stone production reaches 69% of the work plan target. The cause of not achieving the production target value set by PT ABI can be influenced by several factors, one of which is the ineffective amount of work time wasted. ncreased work efficiency is done by making improvements to avoidable obstacles so that the working efficiency of the loading and excavating tool has increased from 75% to 78% and transportation equipment from 70% to 77.6% with production to 11,139 BCM. Addition of transportation equipment for 1 unit match factor so that it reaches the target of 13,000 BCM