Mineral Business Permits and its Legal Implications to Improve Welfare of Indonesian People

DOI

10.2991/iceml-18.2018.76How to use a DOI?

Keywords

mining business permits, implications, people's welfare

Abstract

Permission terminology is distinguished by the terminology of mining power. This terminology changes in line with the issuance of Law No. 4 of 2009 on Mineral and Coal Mining which replaces Law Number 11 Year 1967 on Basic Provisions of Mining. The implication is that the licensor can no longer easily to issue a mining business permit, because it has to pay attention to the consequences on every license made. Therefore, implicitly, the licensor will in the beginning of the permit application consistent with the purpose of mineral and coal legislation in an effort to improve the welfare for the people of Indonesia. This research is a normative legal research with philosophical and conceptual approach. The purpose of this research was to philosophically analyze the management of mining activities in Indonesia. The result of the research revealed that the change of nature and form of the concession poured one of them in the form of mining authority, it becomes a form of permit resulting in institutional strengthening in the realization of Article 33 paragraph (3) and paragraph (4) of the 1945 Constitution of the Republic of Indonesia as the legal basis implementation of the principle of corporate social responsibility. Nevertheless, Law No. 4 of 2009 on Mineral and Coal Mining does not explain explicitly about what is meant by a business entity, whether in the form of Limited Liability Company (PT), CommanditeireVennotcshap (CV) or Firma. Since it is related to the implementation of corporate social responsibility principle related to the provision of Article 74 of Law Number 14 Year 2007 regarding Limited Company, CV and Firma. They have no obligation to implement the principles of corporate social responsibility.

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/).

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TY  - CONF
AU  - Mr Untoro
AU  - Ms Farhana
AU  - Hamdan Azhar Siregar
PY  - 2018/09
DA  - 2018/09
TI  - Mineral Business Permits and its Legal Implications to Improve Welfare of Indonesian People
BT  - Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
PB  - Atlantis Press
SP  - 347
EP  - 349
SN  - 2352-5428
UR  - https://doi.org/10.2991/iceml-18.2018.76
DO  - 10.2991/iceml-18.2018.76
ID  - Untoro2018/09
ER  -