IMPLIKASI BERLAKUNYA UNDANG-UNDANG NOMOR 3 TAHUN 2020 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 4 TAHUN 2009 TENTANG PERTAMBANGANMINERAL DAN BATUBARA DALAM PENGAWASAN PERTAMBANGAN RAKYAT GALIAN BATUAN

Abstract

A state or government exists to ensure the welfare of its people, so it is necessary to
supervise the management of natural resources. Supervision in the natural resource
management sector is important in Indonesia, this is in accordance with the mandate in Article
33 paragraph 3 of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945).
Supervision of the mining natural resource sector, especially community mining of rock
excavation, is the authority of the state as control over mining and the government as the
executor of the supervisory authority. Supervision of mining has undergone many changes in
accordance with the issuance of regulations in new regulations, the latest Law, namely Law
Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and
Coal Mining, reinstating the authority of the provincial government by revoke the authority
over the concurrent affairs of the regional government over mining, so that the authority over
mining is carried out or regulated directly by the central government.
This type of legal research can be categorized as normative-empirical legal research
with the live case study category, the live case study approach is an approach to a legal event
that is still in progress or has not ended. The data sources used are secondary data consisting
of primary legal materials, secondary legal materials and tertiary legal materials. The data
collection technique comes from the literature study method, after the data is collected,
conclusions are drawn.
From the results of the study obtained 2 (two) main things, namely first the central
government wishes to build a licensing system in the mining sector as well as possible with the
new Mining Law, secondly the changing authority system which in accordance with the
applicable regulations causes many problems in terms of supervision and licensing in the
mining sector. The researcher's suggestions are first to improve Human Resources who play an
important role in the mining sector so that the desired system can be achieved, secondly to
coordinate in terms of mining supervision with local governments in regional regulations.
Keywords: People's Mining Rock Quarry – Supervision -Authority