eprintid: 61849
rev_number: 10
eprint_status: archive
userid: 12460
dir: disk0/00/06/18/49
datestamp: 2023-10-26 03:04:03
lastmod: 2023-10-26 03:04:03
status_changed: 2023-10-26 03:04:03
type: thesis
metadata_visibility: show
contact_email: muh.khabib@uin-suka.ac.id
creators_name: Jailani, S.H., NIM.: 21203011043
title: TELAAH SIYASAH DUSTURIYAH TERHADAP KEWENANGAN DAERAH DALAM PERIZINAN USAHA PERTAMBANGAN BERDASARKAN UNDANG-UNDANG NOMOR 3 TAHUN 2020 TENTANG MINERAL DAN BATUBARA
ispublished: pub
subjects: il_huk
divisions: ilmu_sya
full_text_status: restricted
keywords: Kewenangan Daerah, Mineral dan Batubara, Siyasah Dusturiyah
note: Pembimbing: Prof. Dr. H. Kamsi, M.A.
abstract: Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining, has changed the permits for controlling minerals and coal to become the authority of the Central Government, different from the previous permits which were also issued to the Regional Government, even though the existence the mine is in the area. This is what then becomes a problem and needs to be studied further in this study. On what basis is this policy implemented in the latest Mineral and Coal Law, what are the basic principles in the transfer of licensing authority, and how is the transfer of permits from the perspective of siyāsah dustūriyāh
This research uses a type of library research (Library Research) which is descriptive-analytical with a juridical-normative approach. Data collection is carried out by means of library research through tracing and reviewing legal materials in the form of books, scientific journals, statutory regulatory documents, and so on. Data sources consist of primary data in the form of laws and regulations, and secondary data obtained from books/journals/other scientific articles, then analyzed with qualitative analysis.
The research results show that; First, the transfer of mining licensing authority basically aims to improve licensing arrangements by Regency/City Governments which have many problems, but instead creates a detrimental impact on the people in the region, and is not in line with the principle of autonomy which implies the decentralization of authority in Regional Government. This transfer of authority is still far from the principle of jalb al-maṣālih wa dār al-mafāsid (taking benefit and rejecting harm), and taking into account the social situation and conditions of society. The year 2020 is delegative, while the Regency/City Governments, which are the starting point for implementing regional autonomy, have not been given any authority at all. The substance of delegative authority is the application of the principle of deconcentration which incidentally is classified as centralized, in contrast to attributive authority. Third, in the constitutional practice of an Islamic state, delegation and division of powers have been practiced since the Prophet's lifetime. In order for the implementation of state tasks to be more effective, it was also carried out by the caliphs afterwards by granting autonomy rights to the regions in several levels of autonomy. The centralization of central government authority in mineral and coal mining business permits in Law Number 3 of 2020 has neglected the essential nature of the existence of Regency/City Governments as the locus of mining business, and the determinant of whether or not a symbiotic relationship between the Government and its people lives. , as well as the level of community participation in the management and supervision of mineral and coal mining businesses
date: 2023-08-25
date_type: published
pages: 215
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARI’AH DAN HUKUM
thesis_type: masters
thesis_name: other
citation:   Jailani, S.H., NIM.: 21203011043  (2023) TELAAH SIYASAH DUSTURIYAH TERHADAP KEWENANGAN DAERAH DALAM PERIZINAN USAHA PERTAMBANGAN BERDASARKAN UNDANG-UNDANG NOMOR 3 TAHUN 2020 TENTANG MINERAL DAN BATUBARA.  Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/61849/1/21203011043_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/61849/2/21203011043_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf