
Mineral Business Permits and its Legal Implications to Improve Welfare of Indonesian People
Author(s):
Untoro . Farhana. Hamdan Azhar Siregar
Tahun:
2018
Item Type:
Seminar
Keyword(s):
mining business permits, implications, people's
welfare
Permission terminology is distinguished by the
terminology of mining power. This terminology changes in line
with the issuance of Law No. 4 of 2009 on Mineral and Coal
Mining which replaces Law Number 11 Year 1967 on Basic
Provisions of Mining. The implication is that the licensor can
no longer... (selengkapnya)
terminology of mining power. This terminology changes in line
with the issuance of Law No. 4 of 2009 on Mineral and Coal
Mining which replaces Law Number 11 Year 1967 on Basic
Provisions of Mining. The implication is that the licensor can
no longer... (selengkapnya)
DESKRIPSI
Permission terminology is distinguished by the
terminology of mining power. This terminology changes in line
with the issuance of Law No. 4 of 2009 on Mineral and Coal
Mining which replaces Law Number 11 Year 1967 on Basic
Provisions of Mining. The implication is that the licensor can
no longer easily to issue a mining business permit, because it
has to pay attention to the consequences on every license made.
Therefore, implicitly, the licensor will in the beginning of the
permit application consistent with the purpose of mineral and
coal legislation in an effort to improve the welfare for the
people of Indonesia. This research is a normative legal
research with philosophical and conceptual approach. The
purpose of this research was to philosophically analyze the
management of mining activities in Indonesia. The result of the
research revealed that the change of nature and form of the
concession poured one of them in the form of mining authority,
it becomes a form of permit resulting in institutional
strengthening in the realization of Article 33 paragraph (3) and
paragraph (4) of the 1945 Constitution of the Republic of
Indonesia as the legal basis implementation of the principle of
corporate social responsibility. Nevertheless, Law No. 4 of 2009
on Mineral and Coal Mining does not explain explicitly about
what is meant by a business entity, whether in the form of
Limited Liability Company (PT), CommanditeireVennotcshap
(CV) or Firma. Since it is related to the implementation of
corporate social responsibility principle related to the
provision of Article 74 of Law Number 14 Year 2007 regarding
Limited Company, CV and Firma. They have no obligation to
implement the principles of corporate social responsibility.
terminology of mining power. This terminology changes in line
with the issuance of Law No. 4 of 2009 on Mineral and Coal
Mining which replaces Law Number 11 Year 1967 on Basic
Provisions of Mining. The implication is that the licensor can
no longer easily to issue a mining business permit, because it
has to pay attention to the consequences on every license made.
Therefore, implicitly, the licensor will in the beginning of the
permit application consistent with the purpose of mineral and
coal legislation in an effort to improve the welfare for the
people of Indonesia. This research is a normative legal
research with philosophical and conceptual approach. The
purpose of this research was to philosophically analyze the
management of mining activities in Indonesia. The result of the
research revealed that the change of nature and form of the
concession poured one of them in the form of mining authority,
it becomes a form of permit resulting in institutional
strengthening in the realization of Article 33 paragraph (3) and
paragraph (4) of the 1945 Constitution of the Republic of
Indonesia as the legal basis implementation of the principle of
corporate social responsibility. Nevertheless, Law No. 4 of 2009
on Mineral and Coal Mining does not explain explicitly about
what is meant by a business entity, whether in the form of
Limited Liability Company (PT), CommanditeireVennotcshap
(CV) or Firma. Since it is related to the implementation of
corporate social responsibility principle related to the
provision of Article 74 of Law Number 14 Year 2007 regarding
Limited Company, CV and Firma. They have no obligation to
implement the principles of corporate social responsibility.