Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)

A State Steps in the Market of Sovereign Mining on the Problem of Without Permission (PETI)

Authors
Alpius Sarumaha
Corresponding Author
Alpius Sarumaha
Available Online September 2018.
DOI
10.2991/iceml-18.2018.7How to use a DOI?
Keywords
unlicensed mining (PETI), state mining sovereignty, mastery of mining materials of the people's economy
Abstract

Unlicensed mining (PETI) can be defined as a mining business on all types of excavated materials with the implementation of its activities without based on the rules / rules of mining law authorized by the Central or Regional Government. Natural resource management is the right of the state to manage and control it which will be used for the benefit and prosperity of the community. One of them is about mining activities, this mining activity is regulated in Law Number 4 Year 2009 regarding Mineral and Coal Mining. Every mining business of strategic excavation and vital quarrying groups according to the Mining and Minerals Act can only be done if it has previously obtained mining permit. Those who violate the provisions of the law may be subject to criminal sanction as provided in Article 158 of Law No. 4 of 2009 Mineral and Coal Mining Initially illegal mining (PETI) in most of the territory of the State of Indonesia was undertaken by an individual or groups of people, as an additional / side effort in areas believed to potentially contain diamond, gold and tin. Increasing economic needs and expected mining operations result in better life expectancy, allowing mining actors to turn this secondary business into a major undertaking. There are several factors that are likely to affect the growth of PETI, among others, the business has been running for generations long enough, giving rise to the assumption that mining land is a legacy that does not require a business license. the business capital is relatively small and the execution of mining is done simply / traditionally without the use of high-tech equipment. the limited expertise of business actors and the limited employment opportunities, causing the mining business to be the main choice. However, any strategic mining mining business and the class of vital mining material under the Mining and Minerals Law can only be implemented if it has previously obtained mining permit these illegal activities of PETI become issues that will be discussed and become a thought in providing a way out, between the State that controls the mining materials in this case the management for the prosperity of the people of Indonesia as a whole.

Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

Volume Title
Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
Series
Advances in Economics, Business and Management Research
Publication Date
September 2018
ISBN
10.2991/iceml-18.2018.7
ISSN
2352-5428
DOI
10.2991/iceml-18.2018.7How to use a DOI?
Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Alpius Sarumaha
PY  - 2018/09
DA  - 2018/09
TI  - A State Steps in the Market of Sovereign Mining on the Problem of Without Permission (PETI)
BT  - Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
PB  - Atlantis Press
SP  - 22
EP  - 25
SN  - 2352-5428
UR  - https://doi.org/10.2991/iceml-18.2018.7
DO  - 10.2991/iceml-18.2018.7
ID  - Sarumaha2018/09
ER  -