Mining Business License Research Articles

Pengalihan Kewenangan Pemberian Izin Usaha Pertambangan Mineral-Batubara Oleh Pemerintah Daerah

With the enactment of Law Number 23 of 2014 on Regional Government, there is a change of authority between the central government, provincial and district governments. Article 4 paragraph (1) of the Law says that "the administration of the forestry affair, marine and mineral resources energy is divided between government and government province". When viewed from the matrix of division of authority between the central government, provincial government and thedistrict (kabupaten)/ city (kota) government it will be very clear that the district government does not have the authority, as under the previous Law on Regional Government. The problem will cause disputes between the provincial and district governments in issuing permit in mining because mining has been the source of income for the regions. In the Law Number r23 of 2014 on the Regional Government of the district / City Government does not have the authority to issue IUP (Mining Business License). Article 37 of Law Numberr 4 of 2009 concerning Mineral and Coal Mining states that the Regency / City Government has the authority to issue Mining Permit or IUP. This regulation then becomes an obstacle in its application, especially at the regional level as does the province of Western Sumatra, because there is no technical rule that can then become the base of rights for the provincial government to take over the authority of the district government as mandated by Law Number 23  of 2014 on Regional Government. Under such conditions the Ministry of Home Affairs issued a Circular Letter of the Minister of Home Affairs No.120 / 253 / SJ on the Implementation of Government Affairs After the enactment of Undang-Undang Nomor 23 Tahun 2014

Community Involvement in Preparation of EIA Documents as Implementation of Participatory Principles In Law No.32 Year 2009 About Protection and Environmental Management (Study at PT Mandiri Mining Corporindo)

PT.Mandiri Mining Corporindo (MMC) adalah perusahaan tambang Mangan di Desa Bonehau, Kecamatan Bonehau Kabupaten Mamuju, Provinsi Sulawesi Barat dengan surat izin eksplorasi nomor 418 Tahun 2009 dan izin operasi produksi nomor 333 tahun 2010, dimana proses produksi telah dimulai sejak bulan oktober 2010, adapun luas ijin usaha pertambangan yang dimiliki oleh PT.MMC adalah 178 ha yang meliputi kawasan 178 ha yang meliputi kawasan hutan produksi 125 ha dan perkebunan masyarakat 53 ha, namun areal yang dikelola baru sekitar 30 persen. Sejak awal pembukaan perusahaan tambang di Desa ini telah menimbulkan kekhawatiran akan dampak negatif berupa kerusakan lingkungan, mengingat lokasi tambang berbatas langsung dengan perkebunan dan persawahan masyarakat setempat. Hal ini menjadi masalah yang menarik dikaji dari aspek hukum perizinan, khususnya perizinan lingkungan sehingga permasalahan dalam penilitian ini yaitu; Pertama bagaimanakah kedudukan AMDAL dalam perizinan lingkungan PT.MMC? Kedua, bagaimana pelaksanaan AMDAL PT.MMC. hasil penelitian ini menunjukkan bahwa kedudukan AMDAL dalam perizinan lingkungan merupakan kewajiban dan prasyarat mutlak, jika suatu perusahaan melanggar izin lingkungan maka izin usaha atau kegiatan dapat dibatalkan. Dan prosedur penerbitan AMDAL PT.MMC telah sesuai dengan peraturan perundang-undangan namun dalam pelaksanaannya tidak sesuai dengan perencanaan.

Economic Analysis of Law Pada Perubahan Kebijakan Kontrak Karya Menjadi Ijin Usaha Pertambangan Khusus (IUPK): Studi Kasus Pt. Freeport Indonesia

<p>Freeport Indonesia is the first Indonesian PMA company in the field of mineral mining which has been operating its business activities since 1968, at the time of enactment of Law no. 1 Year 1967 about PMA. Political turmoil and economic instability, low exchange rate and social conflicts are a burden to the government and demand a swift step to overcome them. As a potential economic sector deemed capable of sustaining state revenues to be distributed to the public and ultimately improving the welfare of the people, the mining sector receives serious attention. Based on author literature search, PT. Freeport Indonesia is the first Indonesian PMA company in the field of mineral mining which has been operating its business activities since 1968, at the time of enactment of Law no. 1 Year 1967 about PMA. Based on the economic analysis of law according to Richard A. Postner, the change of the mining concession policy from contract-based in the form of Contract of Work (KK) to license-based through a Special Mining Business License (IUPK) is in accordance with the economic approach to the law. Government of Indonesia gradually over its attitude that the renewal of mining concession mechanism that is more oriented to the greatest prosperity of the people.<br /><strong>Keywords:</strong> Economic Analysis Of Law, Contract of Work, Freeport</p>

Spatial Conflict of Mining Land in Tolitoli District -Province of Central Sulawesi

Spatial planning is supposed to be applied in the use of space, so there will be no overlapping space utilization. In fact, there are still overlapping uses of land, between the area of mining and plantation, as well as with forest areas. The purpose of this study was to find out the conflicts that occured due to overlapping permits given to mining and plantation companies, and also to forest status. The method used was by overlaying the maps of Mining Business Permit with that of Plantation Business Permit, and also with Forest Area Map. In Tolitoli District there were 23 mining business permit holders with 7 types of mining commodities, covering total areaof 81,503.54 Hectare. In addition, there were 5 companies holding plantation business permits, mostly on palm oil, and only 2 companies with rubber and sengon wood business commodities, with a total area of 80,005.35 Hectare. From the result of spatial analysis, it was found that there was an overlapping area of 22,869.70 Hectare, while the area of 118,072.93 Hectare did not overlap. The Mining Business Permit overlapped with the Plantation Business Permit covering an area of 18,853.32 Hectare, and 4,301.77 Hectare were located in Forest Protected Area and Nature Reserve.

Investment estimation and acceptance of State Tax Instead of coal mining business license Clear and Clean in West Sumatra Province

This research conceptual measurement simulation for financial component which is needed for investment and benefit simulation held by stated that taken from company obligation categorized as non tax for mining activities predicated with cnc at West Sumatera Province. This simulation connected with capital investment and operational activities that influenced by coal getting stripping ratio, coal hauling and other financial related. This simulation only values stated income non tax and royalty. Analysis methods using from several document feasibiliy study from coal company has already operated, and also estimation for all investment component and components of income stated non tax. Accuracy data accepted for this research at least 30% from all investment. Estimation starting from deciding production target, life mining period, investment needs, financial operation and other financial activities, and comparison with theoritical measurement. The comparison result then used to make another financial model simulation. At the last, this research will present economy simulation model created from mining operational activities in west sumatera province to estimate stated income non tax from mining production operational. Using sensitivity analysis, shows that the change of coal selling prices will gives significant influence to NPV project and stated incomen non tax.

Steep Road Towards Regulating for Success of Implementation of Reclamation and Post Mining of Mineral and Coal

Coal and Mineral mining activities have a high risk of ecosystem changesthat affect the environment, let alone the mining is carried out openly. In order torestore the condition of the land in such a way that it can function and to be effectivein line with its allocation, the ex-mining area must be restored. Reclamation andpost-mining activities shall be conducted by every holder of Mining Business Permit(IUP) Exploration and IUP Production. Holders of IUP Exploration must firstlyprepare reclamation and post-mining plans in the permit process. The implementationof reclamation and post-mining activities by holders of IUP Production Operationand Special Mining Business Permit (IUPK) Production Operation must complywith the principles of : (1)protection and management of mining environment; (2)working safety and health; and (3) mineral and coal conservation. To determinethe success of the land that has been reclaimed and the post-mining activities havebeen complied, if an evaluation has been made by the competent officials and it isstated that the reclamation and post-mining activitie shave been performed well inaccordance with prevailing regulations.

Steep Road Towards Regulating for Success of Implementation of Reclamation and Post Mining of Mineral and Coal

Coal and Mineral mining activities have a high risk of ecosystem changes that affect the environment, let alone the mining is carried out openly. In order to restore the condition of the land in such a way that it can function and to be effective in line with its allocation, the ex-mining area must be restored. Reclamation and post-mining activities shall be conducted by every holder of Mining Business Permit (IUP) Exploration and IUP Production. Holders of IUP Exploration must firstly prepare reclamation and post-mining plans in the permit process. The implementation of reclamation and post-mining activities by holders of IUP Production Operation and Special Mining Business Permit (IUPK) Production Operation must comply with the principles of : (1)protection and management of mining environment; (2) working safety and health; and (3) mineral and coal conservation. To determine the success of the land that has been reclaimed and the post-mining activities have been complied, if an evaluation has been made by the competent officials and it is stated that the reclamation and post-mining activitie shave been performed well in accordance with prevailing regulations.

STEEP ROAD TOWARDS REGULATING FOR SUCCESS OF IMPLEMENTATION OF RECLAMATION AND POST MINING OF MINERAL AND COAL

Coal and Mineral mining activities have a high risk of ecosystem changesthat affect the environment, let alone the mining is carried out openly. In order torestore the condition of the land in such a way that it can function and to be effectivein line with its allocation, the ex-mining area must be restored. Reclamation andpost-mining activities shall be conducted by every holder of Mining Business Permit(IUP) Exploration and IUP Production. Holders of IUP Exploration must firstlyprepare reclamation and post-mining plans in the permit process. The implementationof reclamation and post-mining activities by holders of IUP Production Operationand Special Mining Business Permit (IUPK) Production Operation must complywith the principles of : (1)protection and management of mining environment; (2)working safety and health; and (3) mineral and coal conservation. To determinethe success of the land that has been reclaimed and the post-mining activities havebeen complied, if an evaluation has been made by the competent officials and it isstated that the reclamation and post-mining activitie shave been performed well in accordance with prevailing regulations.

Government Policy of Mining Business License (Iup) Production Operations for Social Justice Community around Realized

This study aims to explain the Government's policy on Mining Production Operation IUP mining on surrounding communities, and to identify and analyze how government policy on IUP production of mining on the environment as a life support communities, as well as to analyze the extent of mining entrepreneur attitude creates benefits for the surrounding community in efforts to achieve social justice. This study uses data collection methods with two approaches, namely: literature research and field research methodology. Implementation of Government Policy on the preparation of Production Operation IUP Mining in Southeast Sulawesi by using equipment Participatory Rural Appraisals (PRA) is modified according to the needs of the field. The results of the analysis of this study found that the Government Policy on Production Operation IUP Mining in Southeast Sulawesi, showed that the enactment of Law No. 4 of 2009 on Mineral and Coal are still far from achieving the community prosper because management of mining is still dominated by a few indicators which are enriching themselves Entrepreneur and the group itself, while granting permission to the entrepreneurs in the field of environmental management and AMDAL was still there irregularities acquisition, as well as business entrepreneurs in creating benefits for the surrounding community mining community has not been able to prosper.