Weak Regulations and Application of Mining Laws that Are Not Profitable for Countries or Locations of Community Mining

Napitupulu, Diana R. W. and Hermawan, Bambang Ery anto (2018) Weak Regulations and Application of Mining Laws that Are Not Profitable for Countries or Locations of Community Mining. Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018). pp. 77-80. ISSN 2352-5428

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Abstract

In mineral and coal mining businesses have an important role in providing significant added value to national economic growth and sustainable regional development, whose implementation is still constrained authority between central and local government, licensing, processing and refining, protection of affected communities, data and information mining supervision, and sanctions, so that the implementation of mineral and coal mining is less effective and has not been able to provide optimal added value. Where in the regulation concerning mineral and coal mining which is currently regulated in Law Number 4 Year 2009 regarding Mineral and Coal Mining still need to be clarified First, the issue of obligation to increase the added value of minerals; Second, adjustment of work contracts (COW) and coal mining concession works (PKP2B); Third, the adjustment with Law no. 23 of 2014 on Regional Government; Fourth, related to the decision of the Constitutional Court which covers the determination of mining areas. In order for the new Minerals and Coal Act functions to regulate fiscal and non-fiscal incentives for companies to develop smelter scrubbers and improvement of mining land (reclamation), due to the occurrence of Degradation on ex-mining land include changes in soil physical and chemical properties, both the flora, fauna and soil microorganisms, the formation of canopy (cover area) which causes a fast dry land and the occurrence of soil microorganism changes, so the environment grows less pleasant. In other words, that degraded land conditions have low fertility rates and poor soil structures. Keywords Weak Regulation and Application Of Law In Law Number 4 Year 2009

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