| dc.description.abstract | MINERAL AND COAL-BASED MINING MANAGEMENT
Dr, Suryaningsi., M.H.
Suryaningsih.kmd@gmail.com
Abstract
Article 33 of the NRI-1945 Constitution states that the Earth, Water and natural resources contained therein are controlled by the State and used for the greatest prosperity of the people. The article is often interpreted that the benefits of natural resources (in this case the mineral and coal resources) should be enjoyed by the people directly. UU no. 4 of 2009 on the basic provisions of mining. Set about mining permits and supervision. In reality, however, it is contrary to the normative provisions as follows: a mining business permit is granted by the regent / mayor if the mine area is within a regency / municipality. But it is the act of arbitrariness in the granting of permits. The number of problems caused by the mining business permit made the government finally conduct a moratorium (temporary suspension) permit for new mines. In addition to the problem of supervision of the Corruption Eradication Commission (KPK) found irregularities in the Ministry of Energy and Mineral Resources c.q.Direktorat General of mineral and coal against the functional position of supervision and supervision by the Mining Inspector (IT). Audit KPK found that the number of IT candidates throughout Indonesia who have passed the training of 899 people. There are 102 people already designated as functional IT officials. A small sample in East Kalimantan that has passed the training of 81 people however, which was appointed only 18 people. While the government has targeted IT personnel to reach 1000 people throughout Indonesia. The KPK audit results are the findings of irregularities in the implementation of the appointment of mining inspectors. This is ultimately the reason for the law number 32 of 2004, should be revised.
The objective of the research is to know and analyze the implementation of mineral and coal mining management based on populist; And to know and analyze the supervisory function in the optimal management of mineral and coal mining. The theory used is the theory of welfarestate based on state objectives in the fourth aline to IV of the 1945 Constitution, utilities by Benthan and Justice jeremy according to John Rowl. The research type is qualitative description, by interviewing the Mining Energy and Mineral Resources Department of East Kalimantan Province. Data were analyzed by data reduction, data display and data verification.
Research findings that the management of mineral and coal mining is done by performing licensing and supervision functionally but not optimally. Through the enactment of Law no. 32 year 2014 procedure permit submission changes the authority from region to center with a centralized configuration. Ongoing licensing arrangements through the provision of Clear and Clean (CnC) letters and moratpriun for new permits. Not harmonious rules that apply both horizontally and vertically so it needs to be re-arranged, including the umbrella law.
Recommendation: Regulations on mining governance that is, the PMB-2009 law should be amended to the management and utilization of minerba minerals requiring strong rules that are capable of passing the regime's limits and clarifying which one is wrong and which one should be able to be a solid foundation as well as an umbrella The law in long-term management and utilization activities must also regulate the institutional and bureaucratic structures in the management of minerba covering general policy setting, licensing, supervision and regulation of the use oriented for the prosperity and welfare of the people and no longer management for the benefit of a group of people as well Submission to foreign capital compared to the interests of the general public and the purpose of the state.
Management and utilization of minerals Mining Need to involve supervision and coaching so that activities take place optimally. So that the results of mining can be enjoyed by the people. Enjoying does not have to do mining directly, considering the risks to be faced greater if mining activities conducted directly by the people. Mining products can also be enjoyed by the people in the form of derivative products such as the availability of available and affordable electricity, transportation facilities and infrastructure that connects the other areas more smoothly. Achieving prosperity and prosperity is aimed at creating a process of changing society from a certain level towards a better life. The current momentum of coal mining management can be used as a means of social change or social transformation, since the nature of coal mining is very limited or depends on the amount of potential excavated, the speed of social transformation depends on the acceleration of mineral reserve depletion, the smaller the mineral rate of Depletion will be more time for the ongoing social transformation. As functional officers of the mine inspector are really empowered by the power of the government so that no longer found poor mining management and have a significant impact on the survival of the community, especially people around the circumference of the mine.
Key Work: Democracy, Justice, Management, Mining, Utilities, Welfarestate | |
