Construction of the Principle of Partisanship to the Interests of the Nation on Mineral and Coal Mining Law
- DOI
- 10.2991/iceml-18.2018.29How to use a DOI?
- Keywords
- law politics, coal, mineral and mining act, partiality for nation interest
- Abstract
Law politics is a legal policy on regulation that will be put into effect by writing new regulations or replacing the old ones in order to achieve national goals. Law politics on coal, mineral and mining act supporting nation interest may impel different interpretation on prevailing regulation of coal, mineral and mining which in the end result in different implications. Paradigm of land occupation right by the state should be made as new paradigm in land reform. Therefore, there should be re-interpretation on the concept of land occupation by the state which is in line with the development of Coal, Mineral and Mining Act based on the spirit of chapter 33 of 1945 National Law of Indonesia as philosophical foundation for Coal, Mineral and Mining Act supporting nation interest. Partiality aspect for nation interest is the principle of Coal, Mineral and Mining Act. The principle for supporting nation interest requires that in the implementation of the act, either central government or regional government should emphasize on nation interest. It means that nation interest should be prioritized more than those of investors. Still, the state should take the investors’ interest into account.
- 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 - Hudriyah Mundzir AU - Prof Sudarsono AU - Rachmad Safa'at AU - Dr. Istislam PY - 2018/09 DA - 2018/09 TI - Construction of the Principle of Partisanship to the Interests of the Nation on Mineral and Coal Mining Law BT - Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018) PB - Atlantis Press SP - 124 EP - 129 SN - 2352-5428 UR - https://doi.org/10.2991/iceml-18.2018.29 DO - 10.2991/iceml-18.2018.29 ID - Mundzir2018/09 ER -