Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Degradation of Authority Local Governments in Coal Mining Licenses and Environmental Management in Indonesia

Author(s): Muhammad Bagus Adi Wicaksono, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko

This study aims to describe the implications of the enactment of Law Number 11 of 2020 concerning Job Creation (UU Omnibus Law) related to Regional Powers in environmental management as regulated in Law Number 32 of 2009 concerning Environmental Protection and Management (UU 32/2009). This study also seeks to describe the impact of the enactment of Law Number 3 of 2020 concerning Mineral and Coal Mining on the authority of coal mining permits for local governments. In an effort to find the answer, the research uses normative research methods. From the results of the study it was found that there are several articles that have the potential to threaten and degrade the power of local governments in terms of environmental management and protection which previously according to Law 32/2009 these powers were jointly accepted by the central government in the form of coordination, while in the Omnibus Law there are options whether the permit from the management of environmental utilization will be carried out through the central government or local government. The degradation of the authority of local governments in mineral and coal mining permits can be seen where the removal of the authority for mineral and coal mining permits by the regions in Law No. 3 of 2020 concerning Mineral and Coal Mining.

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