ARTICLE
TITLE

Unconstitutional Article 173A Law Number 3 of 2020 Concerning Mineral and Coal Against Asymmetric Local Governments in Indonesia

SUMMARY

Article 18A of the 1945 Constitution recognizes an asymmetric regional government unit, but the existence of article 173A of Law no. 3 of 2020 concerning Mineral and Coal does not reflect the state's recognition of the legality of asymmetric regional government, of course it raises problems both in the concept of asymmetric autonomy, regional authority and impact on the environment. This research uses a normative juridical research method with a statutory and conceptual approach. The results of the study show that the position of article 173A of the Minerban Law is contrary to the 1945 Constitution which heeds Article 18A of the 1945 Constitution and eliminates the authority of the asymmetric regional government in the management of mineral and coal. As well as having an impact on creating a gap in the relationship between the central and regional governments as well as oversight of management, as well as environmental impacts in the mineral and coal mining area.

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Revista: Granì