The Implementation of Non-Clear and Clean Mineral and Coal Mining Business License Revocation by the Governor of West Sumatera Based on the State Administration Court Decision Number 2/P/Fp/2017/Ptun.Pdg.

摘要

In order to control Mining Business Permits, a policy was made regarding the evaluation and procedures for issuing Mining Business Permits and Clear and Clean (CnC) status which is regulated based on Ministerial Regulation Number 43 of 2015. However, even though there are provisions that regulate it, there are still problems. One of the case is in West Sumatra which was not revoked by the Governor of West Sumatra so that it was sued with a positive fictitious lawsuit by the Yayasan Lembaga Hukum Indonesia (YLBHI) which then created to a State Administrative decision Number 2/P/FP/2017/PTUN.PDG. In this decree instructing the Governor to revoke 26 (twenty six) Non-CnC Mining Business Permits which are still active and have not expired. But in its implementation, the Governor of West Sumatra only revoked 21 (twenty one) of them. The method used in this study is normative legal research with the approach of laws and cases. The results of the study indicate that the Governor of West Sumatra is not in line with the General Principles of Good Governance and also does not promote sustainable development. Therefore the authors suggest better law enforcement and maximize existing environmental instruments to create sustainable development.