Implementation of Mining Business License and Intergenerational Justice in Indonesia

Abstract

Regulation on Mining Business license the revision of Law no. 4 of 2009 concerning Mining still sets aside many counter-productive problems to realize a comfortable, productive, sustainable, and just living space for the community as a form of the goal of utilizing natural resources for the greatest prosperity of the people as stipulated in Article 33 paragraph (3) of the 1945 Constitution. However, the implementation of Business license Indonesia still shows an exploitative paradigm, in which the granting of Mining Business licenses tends to facilitate all requirements for investors or mining companies. Business licenses granted to investors or mining companies are more likely to ignore the requirements of environmental protection and protection of community rights and empowerment of local communities. They tend to control an extensive mining area for a very long period. So, this tends to limit the opportunity for the next generation to enjoy the natural mineral and coal resources in their area.