Deep anti-corruption blueprint mining, mineral, and coal sector in Indonesia

Abstract Changes in mining, minerals, and coal regulations through Law Number 3 of 2020 concerning Mineral and Coal Mining have drawn critical notes from many parties. One of the controversial norms examined is many normative substances contrary to anti-corruption principles. So the focus of this study is on How the Problems of Norms in the Minerba Law are considered to hinder efforts to eradicate corruption in the Mineral and Coal Mining sector. Second, designing the blueprint for the Minerba Law so that anti-corruption principles can be appropriately adopted, this study uses normative legal research methods with descriptive research specifications. The results of this study are as follows. The Minerba Law regulation dramatically hinders efforts to eradicate corruption, as it centralizes the mineral and coal management authorities and is full of conflicts of interest. The blueprint design for the Minerba Law on Mineral and Coal Mining rearranges norms that are considered to ignore anti-corruption principles in the Minerba Law.


Background
The discourse on the exploration and exploitation of mining, minerals, and coal (Minerba) is one thing that is always widely discussed by the public. This is because this sector is a strategic sector with promising economic benefits. (Jing et al., 2022) Moreover, Indonesia is a country with an abundance of mining and mineral and coal resources, causing activities in this sector to continue to thrive. In practice, activities in this sector always cause friction between the community, businessmen, and the Government as the licensee. (Yusyanti, 2016) Therefore, business activities in the mining and Minerba sector must be supported by adequate regulations to not harm the community. (Mol, 2008) Another important aspect in the mining and Minerba sector is the aspect of human rights to the environment. (Verchagina et al., 2020) The expectation of respect for the human right to the environment becomes an essential and fundamental aspect because the environment has all its limitations, so controlling human behavior over the environment becomes absolute. To achieve a balance, one of these controls is through instruments, mechanisms, and policies, both at the local, national, and international levels. (Mol, 2008) However, this hope seems to have been hampered since the issuance of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining, from now on referred to as the Minerba Law. (Septia Rona Puspitaa, 2020) This is because the revision of norms governing mining, minerals, and coal is considered controversial and creates inequality in social life, especially in the environmental sector. In the midst of the increasingly endemic Corona Virus Disease 2019 (COVID-19) pandemic, the Government and the DPR then passed Law Number 3 of 2020 concerning Mineral and Coal Mining which incidentally turned out to be the process of forming the regulation and the content of the regulated material contradicting the rules and values. The value so far. If traced from the aspect of the formation of laws and regulations, the pattern of behavior of legislators, if using a critical norm approach both formally and materially, then the norms of change as a whole contradict the legal aspects. (Alder, 1998) Because actually making legal norms using the interpretation of shows that legal norms must produce a balance between the values of certainty, justice, and usefulness. (Asshiddiqie, 2006) Materially, the new Minerba Law has complex problems. If you use the optics of state administrative law, it has at least 4 (four) problem dimensions. The first problem is about the dimensions of the transfer of government authority. If we examine the historical trajectory, the distribution of government authority in the management of minerals and coal has changed. Previously, Law Number 4 of 1999 concerning Mineral and Coal had given the central Government the authority to manage Mineral and Coal without interference from the regional Government. (Hartana, 2017) The second dimension, which is in the spotlight, is the question of government immunity in granting mining permits. The immunity to power seems to have always been a priority for legislators lately. (Maskun et al., 2021) The Government does not want to be blamed and takes refuge under the umbrella of norms. It is proven that the provisions of Article 165 of the Minerba Law are related to criminal sanctions that ensnare the Government for abusing the authority to issue mining Business Permits, People's Mining Permits, and Special Mining Business Permits are abolished by the new Minerba Law. Of course, this norm will become a source of corruption and a conflict of interest for the Government in issuing permits to mining tycoons who want to make it easier to obtain permits.
Then, the third dimension that is very controversial is the issue of environmental and community threats to mining activities. (Maskun et al., 2021) Changes to the Minerba Law no longer seem to care about the impacts of taking people's lives. For example, the provisions of Article 1, paragraph 28 a, which regulates that the Mining Legal Area is the entire land space, sea space, including space within the Earth as one territorial unit, namely the Indonesian archipelago, land underwaters, and the continental shelf. This means that mineral and coal mining activities will cover the community's living space. Likewise, Article 162 and Article 164, where this Article opens up opportunities for criminalization for people who fight against mining activities. Of course, indirectly, this norm has been disharmony with Article 28 H paragraph (1) of the 1945 Constitution and Law 32 of 2009 concerning the Environment because it is considered an environmental destroyer norm.
Furthermore, the fourth dimension that is highly considered dangerous is the issue of privileges for mining tycoons in-licensing and carrying out mining activities. This dimension is the entrance to the oligarchy of power and companies. For example, Article 42 of the Minerba Law, regarding land tenure, which was previously given only two years ago with the new Minerba Law, large-scale land tenure by mining entrepreneurs is at least eight years. It can be extended for one year each time.
Keep in mind that the mining sector is a strategic sector targeted by investors, so the Government's role is needed to make a regulator in exploiting this mining sector. (Neil Gunningham & Kagan, 2003) The Constitutional mandate has been embodied through Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945), firmly stating that: "Earth and water and the natural resources contained therein are controlled by the state and used for the greatest benefit of all, " the prosperity of the people" (Zon et al., 2017).
The Constitutional Court has also interpreted the constitutional formulation in its decision constitutional Court Number 01-021-022/PUU-I/2003 which is the clause "controlled by the state" which includes the meaning of control by the State in a broad sense which originates and is derived from the conception of the sovereignty of the Indonesian people overall sources of wealth "Earth and water and the natural resources contained therein, including the notion of public ownership by the people's collectivity over the sources of wealth in question.
Because of the four dimensions of the problem described above, the impact leads to 2 (two) subjects, namely society, and the environment. If left unchecked, the natural resources so abundant in this republic will be increasingly depleted, the communities around the mines will be increasingly threatened, the environment will also be increasingly damaged, and the results obtained will also not be enjoyed. (Bosko, 2006) As a result, corruption in the natural resources sector is increasingly rampant, the people are increasingly miserable, and the dream of becoming a welfare state has only become a utopia. (Gillanders & Neselevska, 2018) Therefore, if the Law is a tool to legitimize the political economy interests of the maker, then legal reform will not be created without a change in the Government's paradigm in viewing economic development. (Maskun et al., 2021) The Government must be aware that an increase in the investment rate will not always lead to increased welfare, especially if the incoming investment causes conflicts in natural resources and ecological disasters. (Erika, 2018) Companies were still the most involved actors in natural resource conflicts with the community until this year. This figure is sure to increase if the investment is always the estuary in reforms and law enforcement by the Government. On the other hand, government programs and policies will only turn into institutional corruption if they do not meet the community's actual needs. (Weisel & Shalvi, 2022).
The statement is suggesting that there is a need for a deeper understanding of the implications of the Minerba Law on the environment and society. The touchstone for this analysis is the conception of the right to control the state, which involves the state's responsibility to protect and manage the environment. The Minerba Law refers to the Amendment to Law Number 4 of 2009 concerning Mining, Minerals, and Coal. This law has been considered problematic both formally and materially, which means that there are concerns about the way it was passed and its content. The research will analyze the legislative implications of the Minerba Law on the environment and society, particularly in relation to the right to control the state. The study will also explore the potential impact of the Minerba Law on corruption in the mining sector. If the Constitutional Court says no to the request to look at the Minerba Law again, this could have big effects on the environment and on society as a whole.

Research methods
This research is legal research. (Fernando, Pujiyono, Susetyo et al., 2022) According to F. Sugeng Istanto, legal research is applied explicitly to legal science. Legal research is distinguished from normative legal research and empirical legal research. The type used in this research is normative legal research (juridische normative). The reason is that this research was conducted by examining library materials or secondary data. (Waluyo, 2007) In terms of nature, this research is descriptive. Descriptive research is research to describe something in a particular space and time. In legal research, this descriptive research is fundamental to present the existing legal materials appropriately, in which, according to the materials, legal prescriptions are drawn up. (Fernando, Pujiyono, Susetyo et al., 2022) Meanwhile, from the perspective of form, this type of research is prescriptive research. The research aims to provide an overview or formulate a problem by the existing circumstances/ facts. This descriptive nature will be used to analyze and test the values contained in the Law. It is limited to values in the positive legal area and the values that underlie and encourage the birth of the Law. With its descriptive nature and prescriptive form, this research can reveal the Legislation Implications of Law Number 4 of 2020 concerning Mineral and Coal Mining on the Environment and Society Based on the Conception of State Controlling Rights.
The data used in this study is secondary data. In legal research, secondary data include primary, secondary, and tertiary legal materials. Primary legal materials are in the form of the 1945 Constitution before and after the amendment, Law Number 4 of 2020 concerning Mineral and Coal Mining, Law Number 23 of 2014 concerning Regional Government, Law Number 30 of 2014 concerning Government Administration, Law Number 5 of 1960 concerning Agrarian Principles, Law Number 32 of 2009 concerning Environmental Management and other related laws and regulations.
The secondary legal materials are scientific works, books, journals, and printed and electronic information relevant to this research problem. The collection of legal materials is carried out using a literature study. Data collection is carried out by taking an inventory of the norms of the 1945 Constitution and other laws and regulations and the results of previous research or studies. The available legal materials are grouped according to problem groups and analyzed.
In terms of the problem approach, this research uses qualitative analysis. The existing theory is used as an analytical knife to systematically and logically research problems. In conducting the analysis, this research uses three approaches: first, the statutory approach. This approach is used to study the meaning, relationship, consistency, and suitability between statutory regulation and other legislation. (Peter Mahmud Marzuki, 2005) Second, conceptual approach (conceptual approach). By using this approach, various views and doctrines developed in the field of Law, particularly those related to state administrative law, mineral and coal mining law, agrarian law, environmental law, and customary law, will be used to sharpen and deepen this analysis.
Third, the Comparative approach is a method that makes comparisons between two or more objects of investigation to increase and deepen knowledge about the objects under investigation. Using this approach, various constitutional comparisons are made as comparison material to sharpen the analysis in this study, both comparisons with other countries and institutional comparisons.

Conception of the right of state control (environmental protection and management)
The availability of natural resources in quantity or quality is not evenly distributed, while development activities require increasing natural resources. (Nguyen et al., 2021) Development activities also carry the risk of pollution and environmental damage. This condition can cause the carrying capacity, capacity, and productivity of the environment to decrease, which becomes a social burden. Environmental protection and management demand an integrated system in the form of a national environmental protection and management policy, which must be implemented consistently and consistently from the center to the regions. (Alyson & Flournoy et al., 2010) Based on Article 1 of Law Number 32 of 2009 concerning Environmental Protection and Management, the environment are a unitary space with all objects, forces, conditions, and living things, including humans. Their behavior affects nature itself-the continuity of life and the welfare of humans and other living creatures. Environmental protection and management is a systematic and integrated effort to preserve environmental functions and prevents environmental pollution and damage, including planning, utilization, control, maintenance, supervision, and law enforcement. (Varona, 2020) The Indonesian environment must be protected and appropriately managed based on state responsibility, sustainability and sustainability, harmony and balance, and justice. In addition, environmental management must provide economic, social, and cultural benefits that are carried out based on the principles of prudence, environmental democracy, decentralization, and recognition and respect for local wisdom and environmental wisdom. (Pambudhi & Ramadayanti, 2021) Environmental protection and management demand an integrated system in the form of a national environmental protection and management policy, which must be implemented consistently and consistently from the center to the regions. (1) Planning In the context of preserving environmental functions in order to support sustainable development with an environmental perspective, local governments are authorized to stipulate a provincial Environmental Protection and Management Plan (RPPLH) or district/ city RPPLH. RPPLH is a written plan containing plans regarding the use and reserve of natural resources, maintenance and protection of environmental quality and functions, control, monitoring, utilization, and preservation of natural resources, and adaptation and mitigation to climate change. The RPPLH becomes the basis for the preparation and is included in the long-term development plan (RPJP) and the medium-term development plan (RPJM); (2) Utilization The utilization of natural resources and the environment in the province is carried out based on the provincial RPPLH. Utilization of natural resources and the environment in the district/ city is carried out based on the district/city RPPLH. Suppose the provincial RPPLH or regency/ municipal RPPLH has not been compiled. In that case, the utilization of natural resources and the environment in the province or district/city is based on the carrying capacity and capacity of the environment by taking into account the sustainability of environmental processes and functions, sustainability of environmental productivity, and safety. quality of life, and social welfare. Determination of the carrying capacity and carrying capacity of the environment is carried out by the governor or regent/mayor by the guidelines for determining the carrying capacity and capacity of the environment as regulated in-laws and regulations; (3) Control In order to preserve the carrying capacity and capacity of the environment, pollution control and environmental damage control are carried out. In the implementation of controlling pollution and environmental damage, various parties, both local Government, the business world, and the community, can be involved by their respective duties, authorities, and roles.

Control of pollution and control of environmental damage includes: (a) Prevention
Prevention of environmental pollution and damage is carried out before environmental pollution and damage. To prevent pollution and environmental damage, it is carried out through strategic environmental assessment instruments, spatial planning, environmental quality standards, standard criteria for environmental damage, Amdal, UKL-UPL, permits, environmental, economic instruments, environmental-based laws, and regulations. Environment, environmental-based budgeting, environmental risk analysis, environmental audits, and other needs and scientific developments instruments; Management of ongoing pollution and environmental damage is carried out after environmental pollution and damage. Overcoming pollution and environmental damage is an action to stop the source of the impact, reduce and minimize the spread of the impact, and take action to reduce the risk that arises to the environment, including efforts to reduce other losses caused by the impact that occurs from the business and activity. If the person in charge of the business and activity does not implement the countermeasures, the regional Government by its authority may order the person in charge of the business and activity; (c) Recovery Recovery of polluted and damaged environmental conditions is carried out due to environmental pollution and damage. Environmental restoration is an effort and action to improve the quality of the environment that is polluted and damaged so that it returns to its original State according to the carrying capacity, capacity, and productivity of the environment, or the transfer of the function of utilization and relocation of activities of sources of pollution and environmental destruction. If the person in charge of the business and activity does not carry out environmental restoration, the regional Government, by its authority, may order the person in charge of the business and activity.
(4) Maintenance Environmental maintenance is an effort made to preserve environmental functions and prevent environmental degradation or damage caused by human actions. Maintenance of the environment is carried out through efforts to conserve natural resources, preserve natural resources, and preserve the function of the atmosphere; (5) Supervision In general, supervision aims to determine the level of compliance of the person in charge of the business and activity to the requirements and obligations contained in the environmental permit and legislation in the field of environmental protection and management. The official authorized to supervise the province is the Governor, while in the district/city, it is the regent/mayor in the district/city. In order to carry out the supervision, the Governor or regent/mayor, by their authority, shall stipulate the regional environmental supervisory officer as a functional environmental position; (6) Law enforcement In the context of law enforcement against perpetrators of environmental crimes, preventive efforts in controlling environmental impacts need to be implemented by making maximum use of monitoring and licensing instruments. If pollution and environmental damage have occurred, it is necessary to take repressive efforts in the form of effective, consistent, and consistent law enforcement against environmental pollution and damage that has occurred. Environmental criminal law enforcement continues to pay attention to the ultimum remedium principle which requires the application of criminal law enforcement as a last resort after the implementation of administrative law enforcement is deemed unsuccessful. The application of the ultimum remedium principle only applies to certain formal criminal acts, namely punishment of violations of wastewater quality standards, emissions, and disturbances.
Law Number 32 of 2009 concerning Environmental Protection and Management also requires the Government and regional governments to make a strategic environmental study (KLHS) to ensure that the principles of sustainable development have become the basis and are integrated into the development of an area and/or policies plans and/or programs. In other words, the results of the KLHS must be used as the basis for policies, plans, and/or development programs in an area. If the results of the KLHS state that the carrying capacity and capacity have been exceeded, the policy, plan, and/or development program must be improved in accordance with the recommendations of the KLHS and all businesses and/or activities that have exceeded the carrying capacity and capacity of the environment are no longer allowed. (Ibrahim Hasan, 2021) Environmental policies at the national level, which constitutionally contain the principle of sustainable development, coupled with the complexity of structuring environmental Law and a number of sectoral laws in the environmental sector should be translated by stakeholders at the regional level, including the forestry service, mining service, city planning service. And the tourism office as a holistic environmental unit. In this context, environmental institutions in the region and their regional work tools have limited capacity and quantity, compared to the amount of pollution or damage to the regional environment. Progressive Law puts the human factor as a measure of success in enforcing administrative environmental laws at the regional level. All regional apparatus of the city/district government that handles environmental issues or legal institutions in the environmental sector have sensitivity to the surrounding environment, especially the forestry sector and the industrial sector. In addition, the basis of normative provisions is not the only study material to enforce environmental Law through permits, and it is also involved in the legal culture of the surrounding community and the economic, social, and cultural rights of indigenous or local communities who still hold tightly to the values of the local community. Local or local wisdom. (Nugroho, 2019) Article 33 paragraph (3) of the 1945 Constitution explains that the Earth, water, and natural resources contained therein are controlled by the State and used for the greatest prosperity of the people. According to Bagir Manan, the provisions of Article 33 paragraph (3) of the 1945 Constitution are the constitutional basis for the State's Right to Control (HMN) over the Earth, water, and natural resources contained therein. The "right to control the state" based on the Constitution is "used for the greatest prosperity of the people" (Syahuri, 2016).
The two rules cannot be separated from each other both are systematic units. So, the right to control the State is instrumental, while being used for the greatest prosperity of the people is an objective. To that end, the State has the following obligations: (Nugroho, 2019) first, all forms of utilization (Earth and water) as well as the results obtained (natural wealth), must significantly increase the prosperity and welfare of the community; second, protecting and guaranteeing all the rights of the people contained in or on the Earth, water, and certain natural resources that can be produced directly or enjoyed directly by the people; and third, to prevent any action from any party that will cause the people to not have the opportunity or lose their right to enjoy natural resources.
The right to control the State is also stated in Article 2 of the Law No. 5 of 1960 on the Basic Regulation of Agrarian Principles which stipulates as follows: (1) Based on the provisions in Article 33 paragraph (3) of the Constitution in matters referred to in Article 1, the Earth, water, and space, including the natural resources contained therein, are at the highest level controlled by the State, as whole people's organization; (2) The right to control the State as referred to in paragraph (1) of this Article authorizes: (a) Regulate and administer the allocation, use, supply, and maintenance of the said Earth, water, and space; (b) Determine and regulate legal relations between people and the Earth, water, and space; (c) Determine and regulate legal relations between people and legal actions concerning the Earth, water, and space.
(3) The authority stemming from the State's right to control in paragraph (2) of this Article is used to achieve the greatest possible prosperity of the people, in the sense of nationality, welfare, and independence in society and the legal State of the Republic of Indonesia which is independent, sovereign, just and prosperous; (4) The exercise of the State's right of control can be delegated to autonomous regions and customary law communities, as long as it is necessary and does not conflict with national interests, according to the provisions of Government Regulations.
Iman Soetiknyo emphasized that the State's authority to control covers the entire Earth, water, and space in the territory of the Republic of Indonesia, both of which: (1) have individual/family rights on it, whatever the name of those rights; (2) there are still ulayat rights and such rights, whatever the name of the rights; and (3) above it does not have the rights mentioned in sub a and b, and/or there are no holders of these rights, (for example, ex-Swapraja land, ex-Western rights land, no man's land, state forest and so on), other things.
Thus, control by the State, which is called the Right to Control the State, is a legal relationship between the State as a subject and natural resources as an object. This legal relationship gives birth to a "right" to control natural resources and, at the same time, an "obligation" for the State in the use of these natural resources, namely for the greatest prosperity of the people. The right to control the State is an instrument, while its use for the welfare of the people is an objective. (Sembiring, 2015) The State's Right to Control, in principle, authorizes the State to regulate or manage the control and use of these natural resources. This authority is an authority with a public character, meaning that control by the State only authorizes the State to regulate and manage the control and allocation of these natural resources. Then in its development, the concept of state control as referred to in Article 2 paragraph (2) of the BAL underwent an expansion. (Syarif, 2020) Legal considerations of the Constitutional Court's decision in cases of reviewing the Oil and Gas Law, Electricity Law, Water Resources Law, and the Management Law of Coastal Areas and Small Islands interpret that the State's Right to Control does not mean that the State owns, but in the sense that the State formulates policies, regulates, carries out management, manages, and conducts supervision. (Syarif, 2020) Furthermore, so that the exercise of the right to control the State does not cause arbitrariness that results in human rights violations and causes harm to certain people and legal entities, it is necessary to limit the right to control the State. The BAL in the General Elucidation contains 3 (three) restrictions on the right to control the State, namely: (1) by the purpose of the right to control the State itself; (2) by land rights of a person and a legal entity; (3) by the customary rights of customary law communities which in fact still exist.
Regarding the limitation of the right to control the State, Maria Sumardjono stated that in terms of the regulating function of the right to control the State, the authority to regulate it is limited by 2 (two) things: (1) The limitation by the Constitution; (2) Substantive restrictions.
Restrictions by the Constitution mean that regulations by the State must not result in violations of basic human rights should not be biased against the interests of a party, especially if it causes harm to other parties. A person who has to relinquish his land rights is entitled to legal protections and a fair reward for his sacrifice.
The substantive limitation relates to the question of whether the regulations made are relevant to their objectives, namely for the greatest prosperity of the people. Therefore, the authority to make policy cannot be delegated to private organizations because the matters regulated are related to the general welfare, full of service values, but conflicts of interest can occur because the private sector is part of the community whose interests are also represented.

Legislative implications of the amendment to law no. 4/2009 on mineral and coal mining
The enactment of the new Minerba Law raises problems. These problems include the transfer of government authority, immunity in granting mining permits, threats to the environment and society, and privileges to mining tycoons in-licensing and carrying out mining activities. These four problems, if examined further, will lead to the potential for corruption in the mining and mineral, and coal sector, which will ultimately harm the community.
The transfer of government authority in the amendment of the Minerba Law can be seen in Articles 4-8. Previously, through Law Number 4 of 2009 concerning Mining and Minerba, it can be seen in Article 4 paragraph (2) that mineral and coal control is carried out by the Central Government and/or regional governments. In Article 4, it can be seen that the division of authority between the central Government, provincial, regional governments, and district/city regional governments is quite balanced. The provisions in the Minerba Law after the amendment made local governments no longer have the authority to manage and issue mining business permits. The authority is fully given to the center. The only remaining involvement of the Local Government is in determining the mining area. The provisions of Article 6 paragraph (1) letter of the Minerba Law after the amendment state that the central Government has the authority to determine mining areas (WP) after being determined by the provincial government in accordance with its authority and in consultation with the House of people's representatives. (Muhdar, 2016) In addition, the amendment to the Minerba Law also stipulates that the central Government is also authorized to increase the capacity of the central government apparatus and the provincial government apparatus in the management of mining businesses. Whereas local governments, both at the provincial and district/city levels, no longer have the authority to manage mining businesses. They were second, related to immunity in granting mining permits by the central Government. The provisions in Article 165 of the Minerba Law prior to the amendment provide a criminal sanction of a maximum of 2 (two) years in prison and a maximum of Rp. 200,000,000 (two hundred million rupiahs) against a person who issues an IUP, IPR, or IUPK that is contrary to the Law and abuses his authority. Amendments to the Mining Law abolish this provision. The abolition of Article 165 of the Minerba Law actually widens the gap in corruption in the management of mines, minerals, and coal. Thus, the Government that issues IUP, IPR, and IUPK can be held accountable if there is an abuse of authority in the management. At the same time, the potential for abuse of authority and corruption in the mining sector is very high.
They are third, related to environmental and community threats to mining activities. Changes to the Minerba Law pose various threats to environmental aspects. In the provisions of the Minerba Law prior to the amendment, there were two types of mining business permits (IUP) that must be owned to run a mineral and coal mining business, namely Exploration IUP and Production IUP. The two types of IUP are each given separately so that in order to obtain the IUP, mining business actors must submit certain conditions stipulated in the Law. The provisions of the Minerba Law after the amendment actually made the two permits in one package. This means that mining businesses only need to submit one application to obtain an exploration and production permit at the same time. Whereas the allotment of exploration and production permits has a different purpose, Other provisions in the Minerba Law after changes that have the potential to threaten the environment and society are the provisions of Article 1 number 28 a. In the article, it is explained that the legal mining area is the entire space, land, sea space, including space within the Earth as a single territorial unit, namely the Indonesian archipelago, land underwaters, and the contingent shelf. This article has the potential to threaten people's lives because it provides an unlimited area for mining businesses. At the same time, certain spaces need to be protected and restricted from mining business activities because they are intended for community life and the environment. Especially for indigenous peoples, the areas inhabited by indigenous peoples are not only intended for residence but also as a source of life, activities, and activities.
The fourth problem, namely the privileges given to mining business tycoons. The privileges given can be read in the provisions of Article 42 of the Minerba Law after the amendment. Previously, the Exploration IUP for metal mineral mining was granted for a maximum of 8 years, the IUP Exploration for non-metallic minerals was for a maximum of 3 years, the IUP for the exploration of certain types of non-metallic minerals was for a maximum of 7 years, the IUP for exploration for rock mining was for a maximum of 3 years and an IUP for the exploration of coal mining for a maximum of 3 years. Seven years old. After undergoing a change in exploration IUP for all types, it no longer recognizes the longest period of time, but is automatically granted according to an Exploration IUP for metal mineral mining for eight years, non-metal mineral Exploration IUP for three years, Other benefits that benefit mining business actors can be seen in the provisions of Article 169A of the Minerba Law after the changes related to holders of the contract of work (KK) and coal Mining Concession Work Agreement (PKP2B). Article 169 paragraph (1) of the Minerba Law after the amendment provides the following privileges: (a) Contracts/agreements that have not received an extension are guaranteed to get 2 (two) extensions in the form of IUPK as a form of continuation of the operation of each contract/ agreement for a maximum period of 10 (ten) years as a continuation of operations after the expiration of the KK or PKP2B by considering efforts to increase state revenue; (b) Contracts/agreements that have undergone the first extension are guaranteed to be given a second extension in the form of an IUPK as a form of continuation of the operation of each contract/agreement for a maximum period of 10 (ten) years as a continuation of operations after the expiration of the KK or PKP2B taking into account efforts to increase state revenues.
Based on these provisions, the Minerba Law, after the amendment, provides privileges in the form of guarantees for the extension of the contract of work andPKP2B. If using the arrangements in the Minerba Law before the amendment, then the KK and PKP2B holders must re-apply to obtain an IUPK according to the requirements strictly regulated in the Minerba Law. This means that KK and PK2B holders whose validity period is about to expire must apply according to the new application procedure to obtain an IUPK.
The amendment to the Minerba Law makes KK and PK2B holders whose validity period is about to expire and has not been extended to receive a guarantee in the form of a guarantee from the Government in the form of 2 x extensions in the form of IUPK for a maximum period of 10 years, and 1 x extension for KK and PKP2B holders who have undergone the first extension. In contrast to the previous Minerba Law, which stipulates requirements strictly, the Minerba Law provides convenience and flexibility by providing guarantees without considering environmental aspects. The only consideration written in the Minerba Law after the amendment was the economic aspect, namely for the sake of increasing state revenues.

Anti-corruption blueprint in the mining and mining sector in administrative context
In 2020 Furthermore, what we will discuss is related to Law Number 3 of 2020, specifically related to the provisions in Article 4 paragraph 2 and Article 35 paragraph 4 of Law Number 3 of 2020. Article 4 paragraph 2 of Law Number 3 of 2020 states that the Control of Mineral and Coal by the State as referred to in paragraph (1) shall be administered by the Central Government in accordance with the provisions of this Law.
Meanwhile, Article 35, paragraph 4 of Law Number 3 of 2020, states that the Central Government can delegate the authority to grant Business Licensing as referred to in paragraph (2) to the provincial Regional Government in accordance with the provisions of the legislation.
Mineral and Coal Mining Control by the State as referred to in paragraph (1) is carried out by the Central Government as regulated in the provisions of Article 4 paragraph 2 of Law Number 3 of 2020, which is more related to the authority called Attributive authority, in this case, known as centralization. In particular, it is related to the provisions of Article 35, paragraph 4 of Law Number 3 of 2020, as it is said that the Central Government can delegate the authority to grant Business Licensing. The above provisions imply the provisions of the Delegation.
Whether it will be interpreted as deconcentration or decentralization will certainly be the next discourse. It is interesting because the Article directly states that the authority is delegated. Usually, in the Act the phrase used is more to submit and so on. This is something we should discuss together. As for what has just been regulated in Law Number 3 of 2020 in more detail, it is below:(Addi M. Idhom, 2020) (1) There are a number of important matters regulated in the revision of the Mineral and Coal Mining Law. Starting from licensing authority, licensing extensions, regulation of People's Mining Permits (IPR) and environmental aspects, downstream, divestment, to arrangements that are claimed to strengthen state-owned enterprises; (2) IUP, IUPK, IPR, Production Operation IUP specifically for transportation and sales, and IUJP that existed before the enactment of this Law are declared to remain valid until the expiry of the permit; (3) IUPs, IUPKs, IPRs, Production Operations IUPs specifically for transportation and sales, and IUJPs that existed before the enactment of this Law must comply with the provisions relating to Business Licensing in accordance with the provisions of this Law within a period of two years from the enactment of the Law; (4) The Governor is obliged to submit documents for Exploration IUP, Production Operation IUP, IPR, Special Production Operation IUP for transportation and sales, and IUJP, which were issued by the Governor prior to the enactment of this Law to the Minister within a period of no later than two years after this Law comes into force for updated by the Minister; (5) The provisions contained in the IUP, IUPK, and IPR must be adjusted to the provisions of this Law within a period of no later than one year after this Law comes into force; (6) Special Production Operation Mining Permits for processing and refining issued prior to the enactment of this Law are adjusted to become industrial business licenses issued based on statutory regulations in the industrial sector within a period of no later than one year after this Law comes into force.
Observing the causes of corruption in the mineral and coal mining sector, related to human aspects, regulations, bureaucracy, political will, commitment, and consistency of law enforcement and community culture. For this reason, in general, the strategy implemented includes the following aspects: (Waluyo, 2014) (1) Increasing the Integrity and Ethics of State Administrators; (2) Consolidation and Acceleration of Bureaucratic Reform; (3) Strengthening the Anti-Corruption Culture of the Community; and (4) Firm, Consistent, and Integrated Law Enforcement.
From the focus of activities to prevent the occurrence of criminal acts of corruption in the field of mineral and coal mining in the future in Indonesia: (1) Mining business administration; (2) Implementation of the financial obligations of mineral and coal mining business actors; (3) Implementation of supervision of mineral and coal mining production; (4) Implementation of the obligation to manage or purify mineral and coal mining products; (5) Implementation of supervision of sales transportation of mineral and coal mining products.

In the context of criminal law enforcement
Discussions about mining and mineral and coal in developing countries such as Indonesia have become a hot issue from the past until now and have never been discussed. As we all know, it is undeniable that the income obtained from the process and output is very promising. But who are these profits for, big companies or only a few people in the Government who don't care about the effects that occur after exploitation does not continue? The study of Article 33 of the 1945 Constitution is always buzzing and is used as the basis for the management of mineral and coal mining in Indonesia. In fact, this has become an outdated issue and is more motivated by economic justice than ecological justice. Indeed, we can see that in some aspects of economic management that are related to or based on the use of land or natural resources, environmental aspects are always ignored. The environment is considered by some anthropocentrism as an object that is managed optimally because humans are considered to be the highest-ranking creatures from other creatures, both abiotic (inanimate objects such as mountains, forests, rivers, etc. So it doesn't matter what happens in the future or the next generation. Likewise, environmental issues always arise if there has been damage and or pollution, or then there are victims of business activity. The preemptive and preventive aspects are always neglected to produce good and economical products and make money more quickly than the prevention and recovery aspects so that the damage can be ascertained to be more widespread and uncontrollable. No matter how good an effort to restore a damaged or polluted environment is, it will not return it to its previous environmental quality position. Corruption does not only affect one aspect of life. Corruption causes a snowball effect and a domino effect that extends to the continuity of the existence of a nation and State. The widespread practice of corruption in a nation and State will worsen the economy. It is well known that corruption is not a form of ordinary crime but is a serious crime or an extraordinary crime because corruption can damage the most basic joints of life, namely social ethical values in society, and even social values. -human values. The 1945 Constitution Article 33 paragraph 3 clearly states that "Earth, water and the natural resources contained therein are controlled by the State and used for the greatest prosperity of the people." Simply put, everything that is produced from Indonesia's natural wealth is only for the people of Indonesia. The substance of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia is a form of nationalism by upholding the principles of togetherness and kinship. Togetherness and kinship are cultural concepts that live in Indonesian society. This is different from a Western culture which tends to live individually. The Indonesian nation has noble cultural values that highly uphold togetherness and mutual cooperation. (Maladi, 1945) In a broad sense, this norm mandates the State to regulate, supervise, and manage natural resources for the purpose of people's prosperity. In criminal law, there are three major theories of the purpose of sentencing, namely the retributive theory or absolute theory, the utilitarian theory or relative theory, and the combined theory.
In order to avoid under and overcriminalization, the following principles can be observed: (1) Criminal Law is used as a last resort as an ultimum remedium. However, the current trend is that the international community has directed criminal Law as the primum remedium (ultimate ratio principle); (2) Each of the criminal provisions to be made must accurately and thoroughly describe the prohibited acts and must be avoided by vague or general formulations (precision principle); (3) The criminalized Act must be clearly described in the provisions of the Criminal Law (clearness principle); (4) Avoid global formulations. The principle of culpability requires consideration of doubts caused by the interests being damaged, the acts committed, the status of the crime, and so on (principle of differentiation); (5) An act is done on purpose. Criminalization of culpa acts requires a specific justification (principle of intents); (6) Sentencing is only carried out at the request of the victim (principle of victim application).
The penal policy model for mining and mineral and coal crimes must be directed at two general forms. The penal policy must immediately provide repressive efforts by enforcing the current positive Law (ius constitutum), but still, have to look for the ideal format as a form of improvement in the future (ius constituendum).
Although the new Mineral and Coal Mining Law provides many positive provisions for business actors, the stipulation of criminal sanctions and heavier fines needs special attention for permit holders. There is a maximum imprisonment of 5 years and/or a monetary fine of up to Rp. One hundred billion is certainly expected to encourage compliance from business actors to the laws and regulations.(Ahmad Redi, 2016) Therefore, the preparation of the draft implementing regulations (RPP) which are being prepared by the Government, needs to receive important attention from all business actors. If the Law and its implementing regulations are positive in accommodating the best practices and concerns of business actors and can be synchronized with other sectoral regulations, it is believed that the new Minerba Law can bring the mining industry in a better direction. At least, in the short term, it can encourage mining business activities to a maximum amidst the weakening demand due to the Covid-19 pandemic.
Law Number 4 of 2009, in conjunction with Number 3 of 2020, adheres to the notion of last resort (ultimum remedium). So we can see carefully that the sanctions imposed on violations or crimes in the mining and mineral and coal sector tend to be in the form of administrative sanctions rather than criminal sanctions. As can be seen below: (1) Conducting a mining business without a permit in accordance with the provisions in force in the Republic of Indonesia Mineral and coal mining activities where the perpetrator does not have a permit, then the Act is a criminal act as regulated in Article 158 of the Mineral and Coal Mining Law, which reads as follows: "Everyone who conducts a mining business without an IUP, IPR, or IUPK as referred to in Article 37, Article 40 paragraph (3), Article 48, Article 67 paragraph (1), Article 74 paragraph (1) or (5) shall be subject to a criminal fine. Imprisonment for a maximum of 10 years and a fine of not more than IDR 10,000,000,000 (ten billion rupiahs)".
(2) They were submitting false data or reports. In carrying out mineral and coal mining activities, it is necessary to have correct data and information prepared by the business actor concerned, such as data on business activity reports, feasibility studies, sales reports of mining products, so that they can be accounted for. The Act of providing false information is actually already regulated in Article 263 of the Criminal Code (lex generalis), which is related to the letter a forgery. Because the falsification of the letter in the mineral and coal mining sector has been specifically regulated, the perpetrator may be punished with a fine with a maximum imprisonment of 10 years and a maximum fine of IDR 10,000,000,000 (ten billion rupiahs); (3) Exploration without rights and Exploration IUP holders do not carry out production operations Mineral and coal mining exploration activities are based on permits issued by the government, namely IUP (mining business permit) or IUPK (special mining business permit), then exploration without rights and in accordance with the provisions of the Act is threatened with punishment based on Article 160 paragraph (1) Mining Law with a maximum imprisonment of 1 year or a maximum fine of Rp. 200,000,000.-. And based on Article 160 paragraph (2), each person who only has an exploration IUP but carries out production operations will be sentenced to 5 years and a fine of IDR 10,000,000,000 (ten billion rupiahs); (4) Mine washing Mining laundering in the mineral and coal mining law is punishable by a maximum imprisonment of 10 years and a maximum fine of Rp. 10,000,000,000 (ten billion rupiah) as regulated in Article 161.
(5) Blocking mining business activities Anyone who hinders or interferes with mineral and coal mining business activities from holding an IUP or IUPK who has fulfilled the requirements as referred to in Article 136 paragraph (2) shall be subject to a maximum imprisonment of 1 year or a maximum fine of Rp. 100,000,000, -(one hundred million rupiah).
In practice, poor mining governance in Indonesia has resulted in entrenched corrupt practices. Corruption practices in this sector have resulted in further impacts in the form of damage to natural resources, marginalization of vulnerable community groups, and reduced state revenues. In fact, in the context of political corruption in Indonesia, this corrupt practice in the mining sector has deepened the impact of corruption on the quality of governance in the wider field. So it is clear that the mining sector is not only strategic economically but also very strategically political. (Transparency International Indonesia, 2017) The results of the study show that more than 80% of the corruption risks identified in the process of issuing Exploration IUP permits are significant and very high risks, implying that these corruption risks are very likely to occur and/or will have a large impact on the mining sector. The highest levels of corruption risk identified relate to: (1) There is a perceived lack of transparency regarding the process and identity of permit recipients; (2) The incomplete geological information system results in the uncertainty of the economic value of the mining area to be auctioned, and the status of the land surface and pre-existing rights that may still be attached to the land; (3) Lack of verification mechanisms for applicants' administrative, technical, environmental, and financial capacity statements; (4) Uncertain regulatory regime that does not provide clear implementing regulations for the licensing system; (5) Poor law enforcement on non-compliance and corrupt practices in the process of granting Exploration IUPs.
As mentioned above, in order to be minimized and eventually eliminated, apart from recommending that anti-corruption education be encouraged and routinely implemented, it is also followed by integrated advocacy programs, involving stakeholders in the government sector or sector, involving organizations civil society, and the private sector in emphasizing the impact of identified risks and advocating a risk management agenda, which includes: (1) Increase transparency of information regarding the granted IUPs and the identities of their holders, including the owners who benefit; (2) Strengthen the regulatory framework that can provide certainty in the licensing process and is translated into applicable implementation procedures; (3) Strengthen law enforcement against cases of non-compliance and corruption in the granting of IUPs.

Conclusion
Indonesia's mining sector has enormous economic potential. Although so far this sector has contributed significantly to the domestic economy, namely sources of economic growth, foreign exchange earnings, state income, and employment, its potential has not been managed optimally. From the constitutional aspect, the revision of the Minerba Law can be said to be contrary to Article 33 paragraph (3) of the 1945 Constitution. The article emphasizes that the Earth, water and natural resources contained therein are controlled by the State and used for the greatest prosperity of the people. The Minerba Law is more profitable for private interests and almost eliminates the opportunity for the State to regain control of its natural resources. The revision paved the way for changing the "public" to "private" with the ratification of the Minerba Law revision, it is strongly suspected that one typology of corruption has occurred, namely state capture or state piracy, and the oligarchs are the main actors.
This ratification also shows that the presence of the oligarchy has really become a threat that leads to corruption. It is evident that the formulation of the articles regulated in the revision of the Minerba Law hinders all efforts in eradicating corruption in the mineral and coal sector and general principles of good governance. In fact, the presence of the substance contained in the Law grips democracy and people's lives, especially around mining. So that the policy is no longer in favor of the public interest. And the oligarchs are the main actors. This ratification also shows that the presence of the oligarchy has really become a threat that leads to corruption. It is evident that the formulation of the articles regulated in the revision of the Minerba Law hinders all efforts in eradicating corruption in the mineral and coal sector and general principles of good governance. In fact, the presence of the substance contained in the Law grips democracy and people's lives, especially around mining.
So that the policy is no longer in favor of the public interest. And the oligarchs are the main actors. This ratification also shows that the presence of the oligarchy has really become a threat that leads to corruption. It is evident that the formulation of the articles regulated in the revision of the Minerba Law hinders all efforts in eradicating corruption in the mineral and coal sector and general principles of good governance. In fact, the presence of the substance contained in the Law grips democracy and people's lives, especially around mining. So that the policy is no longer in favor of the public interest. The formulation of the articles regulated in the revision of the Minerba Law hinders all efforts to eradicate corruption in the mineral and coal sector and general principles of good governance. In fact, the presence of the substance contained in the Law grips democracy and people's lives, especially around mining. So that the policy is no longer in favor of the public interest. The formulation of the articles regulated in the revision of the Minerba Law hinders all efforts to eradicate corruption in the mineral and coal sector and general principles of good governance. In fact, the presence of the substance contained in the Law grips democracy and people's lives, especially around mining, so that the policy is no longer in favor of the public interest.

Suggestion
In this study, the author suggests the following: (1) It is necessary to restructure the substance of problematic articles in the revision of the Minerba Law, especially those that hinder efforts to eradicate corruption in the mineral and coal sector; (2) Political will is needed from the Central Government and Regional Governments to straighten the management of Mineral and Coal in Indonesia; (3) Increased supervision by stakeholders with community involvement from planning to implementation of mining, mineral, and coal permits; (4) It is necessary to formulate a sharper strategy to deal with the grip of the oligarchy in people's lives.