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

Lia Pujiastuti


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


Mining; Authority; Damage; Cipta Kerja Law

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Anggraini Dewi et al., Transfer of Authority in the Mineral and Coal Mining Sector and Its Implications for the Implementation of Good Mining Practice in West Sumatra Province After Law No. 23 of 2014 concerning Regional Government, Journal of Nagari Development, Vol.2, No.2 (December 2017), p.127.

Abdul Kholiq Azhari. Abdul Haris Suryo Negoro, Decentralization and Regional Autonomy in the Unitary State of the Republic of Indonesia, (Malang: Intrans Publishing, 2019), p. 29 Basthotan Milka Gumilang, Sherly Oktariani and Tari Suswinda. 2022. Analysis of Law No. 3 of 2020 which has the potential to harm society and the environment based on the principles of sustainable development goals. Lex Generalis Law Journal. Vol.3. No.11

Baura, L., Saptenno, M., & Pietersz, J. (2022). Regional Government Authority in Managing Coal Mineral Mining. PATTIMURA Legal Journal, 1(3),

F.X. Sumarja, Muhammad Akib, Self Desman Satriawan. Legal Politics of Mining Management Based on the Job Creation Law. Fh Unila, Bandar Lampung

Friskilia Darongke Dientje Rumimpunu, Sarah Roeroe. 2022. Effectiveness of Law Number 3 of 2020 in Granting Mineral Mining Business Licenses in Indonesia. Lex Private Vol. 10 No. 3 (2022)

Jailani, Siti Fatimah. 2023. Transfer of Mining Business Licensing Authority in the Mineral and Coal Law with a Decentralization Perspective. Journal of Tana Mana Vol. 4, No. 1

Christian Hido. 2022. Dientje Rumimpunu, Reymen M. Rewah. The Authority of the Provincial Government in Granting Mining Business Permits (Iup) After the Entry into force of Law No. 3 of 2020. Lex Administratum Vol. 10 No. 4 (2022)

Lusie Stella Anjeli Simbolon, Audi Pondaag, Carlo Gerungan the influence of Law Number 11 of 2020 Concerning Job Creation on Regional Government Authorities in Spatial Planning. Lex Administrator Vol. 11 No.(2023

Irwan Hafid Mahrus Ali, 2022. “Human Rights-Based Criminalization in the Environmental Sector Law,” USM Law Review 5(1): 1–15,

Muhammad Aib. 2009. Legal Politics of Environmental Management and Its Reflection in Regional Autonomy Legal Products. Legal Media Journal. 16(3):572- 584

Tri Sulistianing Astuti. Luthfi Widagdo Eddyono. Dynamics of Regulatory and Legal Certainty on the Authority of the Central Government for the Management of Geothermal Indirect Utilization. Journal of Rechts Vinding: Media 11(3)

Risenly Faturahman Tapada, J. Ronald Mawuntu, Maarthen Y. Tampanguma. 2022 Legal Consequences of Implementing Law Number 3 of 2020 Concerning Amendments to Law Number 4 of 2009 Concerning Mineral and Coal Mining Against Increasing Mining Added Value. Lex Private 10(4):1-15

Yusdianto. Relations between Central and Regional Authorities According to Law Number 23 of 2014 concerning Regional Government. PADJADJARAN Journal of Law, Volume 2 Number 3 of 2015:483- 504

Yokotani, 2019. “Unlawful Acts Committed by the Government Related to Misuse of Mining Permits by Permit Recipients in Bangka Belitung Province,” Jurnal Ius Constituendum 4(2): 146

Article, “Governor Controls Mining Permits,”, 2014,

Rusdi, Farisatul Amanah: Planning, Key Points of Reclamation and Postmining, accessed from

fita Consultant, Post Mining Reclamation, accessed from,



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