Analisis Yuridis Implementasi Perizinan Pertambangan Mineral dan Batubar Pasca Berlakunya Peraturan Presiden Nomor 55 Tahun 2022 Tentang Pendelegasian Pemberian Perizinan Berusaha di Bidang Pertambangan Mineral dan Batubara

Abstract

Exploration of mineral and coal mining materials in Indonesia can only be carried out by companies that have Mining Business Permits, whereby with these permits companies can carry out mining activities in accordance with applicable regulations in Indonesia. The development of the mining industry has also encouraged the development of mining business licensing in Indonesia, which regulates the procedure for submitting mining permits to the arrangements of parties authorized to grant mining permits. This study aims to describe and analyze Mining Management and Licensing Authorities, analyze the implications for granting mineral and coal mining permits, and the effectiveness of granting mineral and coal mining permits after the issuance of Presidential Regulation No. 55 of 2022. The type of research used in this study is juridical normative. Data collection techniques were carried out through literature studies and field studies. In this study using qualitative analysis methods. The results of the study show that the provisions contained in Law 3/2020 resulted in a shift in the leading sector in granting business permits for non-metal mineral and rock mining from the Governor to the Central Government, including firstly the authority to determine WIUP and grant IUP, both of which are carried out based on business permits. The second authority is in fostering and supervising the implementation of mining activities. Perpres 55/2022 delegates this authority to the Provincial Government. The delegation of authority for mineral and coal mining business licensing in Law Number 3 of 2020 concerning Minerals and Coal, through a system of delegating authority from the Central Government to the Provincial Governments based on Presidential Decree 55 of 2022 resulted in a change in the authority possessed by the Regional Government which was originally attributive to the authority which is delegated in nature, so that the Province only exercises the authority that has been delegated by the central government. In its application in the community, Law Number 3 of 2020 and Presidential Regulation Number 55 of 2022 have not been effective and efficient in resolving problems that occur in the field related to mining activities.