The management of mineral and coal mining in Indonesia is regulated by Law No. 3 of 2020 concerning Amendments to Law No. 4 of 2009 concerning Mineral and Coal Mining (hereinafter referred to as the Mining Law). Following the amendments to this law, the authority for regions to manage mines in their areas and oversee companies operating in those areas has been removed. This change is reflected in Article 8 of the Mining Law.
Both the Central Government and Local Governments have the authority to handle and manage natural resources. As a region with special autonomy, the province of Aceh already has written regulations under Law No. 11 of 2006 concerning the Governance of Aceh (Aceh Governance Law). In this law, there is a provision in Article 156 titled “Management of natural resources” which grants authority to the Government of Aceh.
As a region with specific regulations under the Aceh Governance Law governing Natural Resources in Aceh, in accordance with Article 173A of the Mining Law:
“The provisions of this Law shall also apply to the Special Region of Yogyakarta Province, the Jakarta Capital City Province, Aceh Province, West Papua Province, and Papua Province insofar as they are not specifically regulated in the Law governing the special characteristics of those regions.”
This means that the regulations in the Mining Law do not apply to Aceh, which has its own specific provisions.
The province of Aceh holds the dual status of a regional government unit with specific characteristics based on the Aceh Governance Law, and also holds the status of a regional government unit with special characteristics according to Law No. 44 of 1999 concerning the Implementation of the Special Status of the Province of Aceh.
he province of Aceh has authority granted by the central government as written in the Aceh Governance Law (UUPA), clearly stated in Article 1 paragraph 2 which reads: “Aceh is a provincial
region that is a legal entity with special characteristics and is granted special authority to regulate and manage its own governance affairs and the interests of the local community in accordance with the laws and regulations within the system and principles of the Unitary State of the Republic of Indonesia based on the Constitution of the Republic of Indonesia Year 1945, led by a Governor.”
In the UUPA, Article 156 regulates the management of natural resources in the province of Aceh, which explains that Aceh has the authority to manage natural resources both on land and at sea within the Aceh region according to its jurisdiction, and this authority also includes the mining sector consisting of mineral mining, coal, geothermal, forestry, agriculture, fisheries, and maritime affairs.
However, in its implementation, the Minister of Energy and Mineral Resources (ESDM) has written to the Governor of Aceh No: T125/MB.05/SJN.H/2023 dated January 19, 2023, regarding the
Management of Coal and Mineral Mines in Aceh. In this letter, the Ministry of ESDM stated that the issuance of Mining Business Licenses in Aceh does not comply with the procedures and regulations as per the Mining Law, such as not going through a bidding process. Therefore, the registration of these Mining Business Licenses as Registered Mining Business Licenses (IUJP) cannot be done according to regulations, meaning that the Mining Business Licenses issued by the Government of Aceh cannot be valid.
Prof. Dr. Faisal A. Rani, S.H., M.Hum., a Professor at the Faculty of Law, Syiah Kuala University, stated that “In the case of a Special/Unique Regional Law that is Lex Spesialis in nature and specifically regulates the management of natural resources including the mining sector, then Article 173A of Law No. 3 of 2020 grants its authority based on the legal principle of Lex Spesialis derogate legi generalis (special provisions override general provisions).”
The Government of Aceh issued Governor’s Instruction No. 12 of 2020 regarding the Authority to Manage Mineral and Coal Mining in Aceh, in carrying out the mineral and coal mining
sector post the enactment of the Mining Law, guided by Article 173A of the Mining Law, as well as Article 156 of the UUPA, Article 5 and Article 6 of Government Regulation No. 3 of 2015 concerning
the National Government’s authority in Aceh, and Aceh Qanun No. 15 of 2013 concerning Amendments to Aceh Qanun No. 15 of 2013 concerning the Management of Minerals and Coal. This is intended to regulate according to duties, functions, and to support the authority of managing mineral and coal mining, while also stating that the authority for regulating mineral and coal mining in Aceh is jointly exercised by the Provincial Regional Government and the District/City Regional Governments according to their respective authorities. Thus, regarding licensing and all matters related to the above, the previous procedures used remain applicable.
Writer : Yanma Aditya Pratama
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