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description Journal article public Jurnal Mahasiswa Fakultas Hukum Universitas Brawijaya

Eksistensi Pemerintah Daerah Dalam Pengelolaan Pertambangan Mineral Dan Batubara Dalam Mencapai Good Governance

Michele Fransiska Senduk
Diterbitkan 2016

Abstrak

The promulgation of Law No. 23 of 2014 as amended by Law No. 9 Year 2015 on Regional Government, suffered a decline-pull between the management authority of the central government, provincial government and municipality. The problems are: 1. What is the position of local governments in the management of mineral and coal, according to Law No. 23 Year 2014 on Regional Government? 2. Why does the local government must have the authority to manage mineral and coal mining? This research uses normative legal research, with Statute Approach and Conceptual Approach. This research aims to create a management of mineral and coal mines in the municipal based on the principles of good governance with emphasis on environmental aspects. The results of this research are, the first notch local governments do not participate in the stage determine the mineral mining permits determination of coal (preventive measures), but problem solving that arising (repressive efforts), this obviously negates the rights and responsibilities of municipality as an autonomous region. Second: The emptiness of local government authority in the mineral and coal mining will arising some legal implications, those are: 1. Local Government: with the enactment of Law No. 23 Year 2014 on Regional Government, the municipality does not have a fixed and binding legal basic to manage the mineral and coal mining passive in running his administration to achieve good governance. 2. Environment: lead helpless municipality controlling the growth of mining in the prevention of damage to the ecosystem and to control the mining region.

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