The Model Of Mineral And Coal (Minerba) Authority Arrangement In Realizing Ecological Justice

Abstract

This study aims to explore whether the regulation of mineral and coal authority has been able to realize ecological justice and how the regulation of mineral and coal authority can realize ecological justice. This research method includes normative juridical legal research with a statutory approach and a conceptual approach. Based on the research results on the conflict in this issue governing the Minerba Act No. 4 of 2009 and the legislation, Article 33 paragraph (3) of the 1945 Constitution. The results of the analysis in realizing ecological justice explained the Minerba Act's problem is the superiority mining industry. This law does not provide an opportunity for the public to get justice. There is no general complaint and resolution mechanism. In the Minerba Law, article 145 of this protection is limited only to the community directly affected by the harmful mining activities in this case, only limited to the surrounding community or mining concession area. Then regarding how the arrangement of mineral and coal authority that can realize ecological justice based on Law Number 4 of 2009 has handed over mining management authority to the regional government. Article 33 paragraph (3) of the 1945 Constitution, described that the State has the right to control over land, earth, water, and natural resources which contained therein including the use of space, state authority in the form of regulation and administration is intended for the greatest prosperity of the people.