The Role of The Community and Entrepreneurs to the Implementation of Regional Authority as a State Administrative Officer to Avoid Overlapping Permits in Indonesia

Abstraksi

Talk about harvesting the profit of the earth in Indonesia, cannot be separated from the legality of permits that must be owned by the legal subjects in order to carry out its mining activities based on the law. Since the enactment of the Law on Regional Government, the Regional Head is authorized to issue mining permits. Although there have been corridors as a benchmark for the Head of Region in exercising its authority especially in issuing permits, in fact around 2009 there is still overlapping permits issues issued by the Head of District, where on the same land there are 2 (two) different permits (mining activity permits and plantation permits) for 2 (two) different company. One of the caused of permits overlapping is because the Head of the Region did not listen to entrepreneurs objections over the issuance of mining exploration permits. In addition, in his defense, even the Regional Head reacts that based on Presidential Instruction No. 1 of 1976 whereas in fact such Presidential Instruction is no longer valid. To protect the legal rights and interests of each party, this case brought to the State Administrative Court, in which such decision of the case finally become the object of this research. This research was conducted to create innovation in solving the problems of overlapping the permit by involving local community and entrepreneurs elements as a counterweight to the Head of Region as State Administration Officer in carrying out his authority.