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Jurnal Bestuur Vol Jurnal Bestuur Vol. 8, Issue 2, December, 2020 E-ISSN 2722-4708 P-ISSN 2302-3783 DOI: 10.20961/bestuur.42830 This work is licensed under a Creative Commons Attribution 4.0 International License (cc-by) Reconstruction of Mining Policies on Justice in Lampung Province Erina Panea Adam Muhammad Yanisb aFaculty of Sharia, Universitas Islam Negeri Raden Intan Lampung, Indonesia bFaculty of Law, Universitas Indonesia, Indonesia Email Coresponden: [email protected] Abstract The purpose of research is to examine the mining potentials and policies that have been implemented in Lampung Province and to reformulate mining policies in Lampung Province, which on the one hand can improve the regional economy, on the other hand while maintaining environmental sustainability. Mining resources are a source of prosperity for the region, but it requires commitment from local governments, public institutions, the private sector and the community to conduct sustainable mining management. Sustainable management is able to meet the needs of the present, in the future and improve the health, prosperity of the environment and surrounding communities. Policies that can be carried out starting from licensing, monitoring post-mining land management, managing mine waste and compiling regulations that can support the realization of green mining and environmental conservation activities. The results of this study indicate that mining management in Lampung Province provides economic value to increase local revenue. However, it must be supported by environment-based policies, because mining activities have the possibility of an environment that becomes uncontrollably damaged. Efforts that can be done by local governments are by paying attention to licensing for managers, providing guidance, supervision, so that mining activities can be controlled and not damage the environment Keywords: Reformulation; Policy; Mining. Abstrak Tujuan penelitian ini adalah untuk menelaah potensi dan kebijakan pertambangan yang telah dilaksanakan di Provinsi Lampung dan mereformulasi kebijakan pertambangan di Provinsi Lampung, yang di satu sisi dapat meningkatkan perekonomian daerah, di sisi yang lain tetap menjaga keberlanjutan lingkungan. Sumber daya tambang merupakan sumber kemakmuran bagi daerah, namun perlu komitmen dari pemerintah daerah, institusi publik, sektor swasta dan masyarakat untuk melakukan pengelolaan pertambangan yang berkelanjutan. Pengelolaan yang berkelanjutan mampu memenuhi kebutuhan di masa sekarang, di masa depan serta meningkatkan kesehatan, kemakmuran lingkungan dan masyarakat sekitarnya. Kebijakan yang dapat dilakukan di mulai dari perijinan, pengawasan pengelolaan lahan pasca tambang, pengelolaan limbah tambang dan menyusun regulasi yang dapat mendukung terwujudnya green mining dan aktivitas -aktivitas konservasi lingkungan. Hasil penelitian ini menunjukan Pengelolaan pertambangan di Propinsi Lampung memberikan nilai ekonomi untuk meningkatkan pendapatan asli daerah. Namun, harus didukung dengan kebijakan yang berbasis lingkungan, karena aktivitas pertambangan memiliki kemungkinan adanya lingkungan yang menjadi rusak tak terkendali. Upaya yang dapat dilakukan pemerintah daerah adalah dengan memperhatikan perizinan bagi pengelola, melakukan pembinaan, supervisi, sehingga aktivitas penambangan dapat terkontrol dan tidak merusak lingkungan Kata Kunci: Reformulasi; Kebijakan; Pertambangan. J.B. Vol. 8, Issue 2, December, 2020, page: 139-151 | DOI: 10.20961/bestuur.42830 Introduction The Constitution of the Republic of Indonesia Article 33 paragraph (3) stipulates that "The earth and water and the natural resources contained therein shall be controlled by the state and used for the greatest prosperity of the people". Constitutional norms indicate that state control over national natural resources is used for the prosperity of the people. The sentence "controlled by the state" in Article 33 of the 1945 Constitution implies "economic policies that enable the state (government) to participate in the business or determine in the production process." The two principles above are a unity that cannot be separated from each other, the separation of the two will actually be counterproductive to the concept of state control in question and can lead to the monopoly of natural resources by certain parties and enjoyed by a handful of people and not for the people and development of Indonesia (Lego Karjoko, et. All., 2019) The state controls the natural resources contained in the earth (either on the surface or hidden in it), one of which is the result of mining or quarrying in the form of oil and gas, minerals and coal, as part of the natural wealth contained in the earth. Minerals and coal are non-renewable natural resources, so their management needs to be done as optimal as possible. In order to obtain the maximum benefit for the prosperity of the people in a sustainable manner, it is necessary to pay attention to the efficiency of management, transparent, sustainable, environmentally sound, and fair. Mahfud gave an argument, that "the right to control the state over natural resources should actually provide a way for other responsive actions because of these rights the government can take actions in favor of the interests of society". (Moh. Mahfud MD., 1998) The decentralization system in regional autonomy requires the active role of regional governments in maximizing the potential of local resources, one of which is in the mining sector. Law No. 4 of 2009 (hereinafter referred to as the Mining Law), as a legal norm governing mineral and coal mining activities, also emphasizes the control and also the responsibility in the management of mineral and coal mining. The responsibility for managing mineral and coal mining rests with the central and regional governments. The central and regional governments have the authority to manage mineral and coal mining. (Najella Zubaidi., Et.all, 2020) The potential of natural resources can be managed optimally. The results of the management can increase local government revenue. In the management of minerals and coal the government is not monopolized. Mining management has been carried out jointly between the regional government and business operators. As permits are regulated in regulations, business entities, cooperatives, or local communities are given the opportunity to conduct mining business, [140] Reconstruction of Mining Policies...Erina Pane & Adam Muhammad Yanis although in practice there are often obstacles, such as lengthy licensing, to overlapping policies between related sectors. Mining management provides economic and social benefits , so that regional development can be accelerated. From an economic perspective, the existence of mining activities in a certain location will encourage the economic activities of the community / small and medium entrepreneurs and encourage the growth of the mining support industry. (Adrian Sutedi., 2012) Through decentralization mining authority is given to the regions to manage their natural resources in order to contribute to regional development. Mining management must be carried out with due regard to environmental principles, transparency, and community participation. Efforts to utilize natural resources must be accompanied by minimizing damage to environmental functions, so that sustainable development can be realized. As with environmental cases, whether given permission from the local government or mining without permits, excavation of mining goods at the same time water and air pollution, deforestation, landslides, destruction of land functions, to conflicts in the community. In Lampung Province, economic growth can be enhanced by a series of economic policies to develop a more profitable sectoral and inter-sectoral economy. The success of development in an area is always associated with economic growth as its support. The Regional Government of Lampung Province is trying to develop its territory to encourage high economic growth. In an effort to increase economic growth, managed natural resources and assess the economic potential that can be developed, especially development in sectors that can be superior in performance and competitiveness that have the potential to increase economic growth. Mining and quarrying is one sector that can contribute to economic growth in the province. The mineral and coal mining management policy began in 2009, with the legal basis of Law Number 4 of 2009. The mining governance policy adheres to the principle of decentralization to the district / city level, meaning that the regent / mayor has the authority to issue permits, including supervision for certain types of permits and certain territorial boundaries, both on land and at sea. After the issuance of Law Number 23 of 2014 concerning Regional Government, there has been a change in mining governance, particularly regarding authority in the district / city, all of which have been withdrawn to the provinces. This mining policy reformulation has an impact on mining licensing patterns in the regions, because the issuance of mining permits that originally became the authority of districts / cities is now a province. Initially the regent / mayor had the authority to regulate, issue permits and supervise mining in his area, now no longer and turn to the governor. [141] J.B. Vol. 8, Issue 2, December, 2020, page: 139-151 | DOI: 10.20961/bestuur.42830 Limited decentralization is used in mining governance. Local governments can receive their share of mining management. Therefore regions
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