IMPLIKASI PERALIHAN URUSAN PEMERINTAH DAERAH KABUPATEN/KOTA KEPADA PEMERINTAH DAERAH PROVINSI DALAM PENGUSAHAAN PERTAMBANGAN RAKYAT DI SEKTOR PERTAMBANGAN MINERAL LOGAM (EMAS) BERDASARKAN UNDANG - UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH

Abstract

After the issuance of National Constitution 23 on 2014 about Regional
Government substitute for National Constitution 32 on 2004 about Regional
Government it has implications for changes in the authority of the management of
Minerals and Coal based on National Constitution 4 on 2009 about Minerals and
Coal, problems arising from transfer of authority from Regency / City to Province
after the issuance of National Constitution 23 on 2014 and community mining
permits in the metal mineral (gold) mining sector which is still a polemic of the
Provincial Government in carrying out its duties so that disharmony occurs
between the two laws.
The purpose of this thesis is to find out the regulation of metal mineral
gold mining under National Constitution 23 on 2014 about Regional Government
to find out the implications of the transition of Regency / City Regional
Government affairs to Provincial Governments in the exploitation of community
mining in the metal mineral mining sector (gold) based on National Constitution
23 on 2014 about Regional Government.
the regulation of mining business was not in accordance with the laws and
regulations that governed previously, namely the mining permit so that legal
disharmony occurred between the two laws, the difference being related to the
authority to grant mining permits in the province or district / the city thus
inconsistencies towards the dualism of the same law. As well as the transitional
implications, it requires the Provincial Government to be able to accommodate
mining licenses with uncomplicated bureaucracy with the existence of derivative
regulations from National Constitution 23 on 2014 about Regional Government.
Keywords: Regional Government, People's Mining, Metal Minerals (Gold)