Balancing Act: Aligning Mineral and Coal Mining Regulations With Constitutional Mandates for Local Welfare Enhancement in Indonesia

Abstract

The governance of mineral and coal mining has constantly presented complex difficulties for the well-being of local communities, covering economic, social, and environmental aspects. In light of this situation, this study examines the congruence between the regulatory frameworks that control the administration of mineral and coal mining and the constitutional requirements specified in the 1945 Constitution of the Republic of Indonesia. This study utilizes a normative legal research approach to examine this debate's relevant legal and philosophical components. Analyzing specific legislation and theoretical frameworks clarifies the inconsistencies between current rules and constitutional requirements. Specifically, it highlights the differences between the existing legal structure and the constitutional guidelines outlined in Articles 18A (2), 33 (3), and 33 (4) of the 1945 Constitution. After the Constitutional Court's ruling in Case Number 91/PUU-XVIII/2020, the regulation of mineral and coal mining has been dealt with by implementing Law Number 3 of 2020. Nevertheless, the report highlights the urgent need for a complete restructuring of power allocation between the central and regional governments. This change should be based on the constitutional requirements and aimed at promoting long-lasting improvements in the welfare of local communities.