ANALYSIS OF LAW ENFORCEMENT AGAINST COAL MINING BUSINESSES IN INDONESIA IN THE CONDITION OF THE COVID-19 PANDEMIC

Abstract

Mining is a natural resource with great potential in Indonesia, which in addition to having economic value is also closely related to environmental ecosystems and people's lives. In terms of economic value, mining supports the entry of funds into the APBN and APBD which are used to finance state expenditures and local government funding, especially during the Covid-19 Pandemic, which requires very large financing. In terms of ecosystems, because mining is an element in the ecosystem to support the environment.

In relation to people's lives, mining maintains stability and safety from environmental damage and improves welfare. With such an important role, of course, in carrying out a mining business, it must be carried out carefully, as determined by the law. The general public or entrepreneurs are allowed to carry out mining businesses with license from authorized officials and pay attention to good mining principles (good mining principles), to avoid illegal mining businesses. Based on Law No. 3 of 2020 concerning Amendments to Law No. 4 of 2009 concerning Mineral and Coal Mining, Article 35 paragraph (3) regulates business license which include IUP (permanent business license), IUPK (special mining business license), IUPK as a continuation of Contract/Agreement Operations, IPR (people mining license), SIPB, Assignment license, Transportation and Sales license, IUJP, and IUP for Sales.

In the provisions of Article 35 Paragraph (1) of Law no. 3 of 2020 states that: the authority to grant license in the mining sector is granted based on business license from the Central Government. Furthermore, the Central Government may delegate the authority to grant Business Licensing to the Provincial Government in accordance with the laws and regulations.

In today's reality, there are many violations in various license in Indonesia, both regarding illegal businesses, the validity of the license owned and in relation to legal rules concerning the validity of these license. Besides that, there are still many overlap license cases. Under these conditions, law enforcement is very much needed to overcome the juridical problems caused by the illegal mining business. The government as the official or agency authorized to issue decisions on mining permit/license must be responsible for the granting of these mining license and their law enforcement in the event of a violation.