The Lost Role of Local Government Post the Work Creation Law in the Mining Field Which Caused Environmental Damage

Abstract

It is considered that the issuance of the Job Creation Law still ignores environmental aspects. In fact, it is believed that the issuance of this law will further increase environmental violations and pollution by corporations in the natural resources sector. The research formulation in this study is the implementation of the withdrawal of regional authority by the central government in the field of mining. (2) Limitations of Local Government Authorities in the Mining Sector. The method used is descriptive qualitative method, with data sources from books, journals and articles related to the research being carried out. The presence of Law Number 11 of 2020 concerning Job Creation presents new problems, there are at least 4 (four) first issues. All mining authority and authority is now under the authority of the second central government. can again report to the local government. Third, if you follow the rules of Law no. 4 of 2009, mining companies are required to carry out all reclamation and post-mining activities as well as deposit reclamation and post-mining guarantee funds. Then fourth, there is a 0% royalty guarantee. all regional government authority arrangements, both provincial and district/city, regarding mineral and coal mining are revoked and transferred to the central government. Based on Article 169 letter c, it is also regulated that there is local government authority related to the management of non-metal mineral and rock mining. Regional government authorities that are still granted in accordance with Law Number 3 of 2020 include: Article 35 paragraph (4) amendments stipulate that the Central Government can delegate authority Article 128 paragraph (1) amendments provide authority for regional governments to collect regional income from IUP, IUPK, IPR or SIPB