#Peer Review: Legal Certainty Of Mining Management After The Enactment Of Indonesian Law On Local Government No. 23 Of 2014

Abstract

: The purpose of this research is to find out and analyze the legal certainty of mining management after the statement of Indonesian law on local government No. 23 of 2014 in East Kalimantan. The research process used several steps called the normative legal research with descriptive analytic approach. The study was conducted in East Kalimantan Province in three research locations in the Kutai Kartanegara Regency represented by the PT. Anugera Bara Kaltim, PT. Indominco (East Kutai), PT. Nuansa Cipta Coal (Samarinda), Department of Mining and Energy of the Province of East Kalimantan (this was the term they used in 2017, now it is called the Department of Energy and Mineral Resources) as respondents to the Head of Department and Mining Inspector. The approach the researcher had taken was Purposive Sampling, with the following considerations: that the Head of Department understands the policies that should be implemented as a form of implementing regulations, and is implementing the policies from the center to the regions. The variables in this study which included indicators as part of scientific tracking efforts that would be described and analyzed by using the philosophical approach to determine the impact of government policies on the mining sector. The conceptual approach is an approach which moved by views and doctrines that have been developed in the science of law so that new ideas and principles that are relevant to the problem in a study can be found. The result of this research showed the effect of the legal certainty in mining management in East Kalimantan which was to revoke the role of district and city governments in mining management. The revocation of the role of local government had a negative impact, especially in good mining management. Good mining is certainly based on the principles of good mining practice, this condition was greatly influenced by a Good Governance system. In addition, many illegal mines were found in regencies and cities because the regulatory conditions that organized the authority of district / city governments had shifted to the Central Government and was implemented in the Provincial Government. As a result, illegal mining increased and the impact of not giving the authority to the local government seemingly viewed as an omission because the central and provincial governments were not aware of the incident immediately.