Inkonsistensi Pemerintah Indonesia dalam Implementasi Undang-Undang Minerba No. 4 Tahun 2009 (Studi Kasus : Pemberian Surat Persetujuan Ekspor Kepada PT. Freeport Indonesia)
Abstract
INCONSISTENCY OF INDONESIA GOVERNMENT IN IMPLEMENTING MINERAL AND COAL LAW NO.4/2009 (Case Study : Providing Export Permit Letter to PT. Freeport Indonesia) Frederik Sarira1 ABSTRACT Mineral and Coal Law mandates that all of industrial subjects, both domestic and foreign have a compulsory to process and purify ore in Indonesia before it exports. Unfortunately, throughout 2009-2014, process and purify did not occur. Ironically, Indonesia government codified the regulation that providing sag for PT. Freeport to export mineral by providing Export Permit Letter. Based on this fact, this research attempts to analyze the factors that cause or influence Indonesia government to be not consistent in implementing Mineral and Coal Law by providing Export permit Letter to PT. Freeport. Based on research result, the author defined that inconsistency of Indonesia government in implementing the mandate of Mineral and Coal Law by providing Export permit Letter to PT. Freeport analyzed by bargaining power concept of Lairson and Skidmore was caused by low bargaining power of Indonesia government compared to Freeport. That weakness, generally, are caused by poor mining system in Indonesia in case of unskilled labor, poor infrastructure, insufficient capital for downstream industrial development, and weak bureaucracy in terms of mining regulation. Furthermore, if we analyze through bureaucracy fragmentation concept of George C.Edwards III, inconsistency of Indonesia government is caused by fragmented bureaucracy system. Under this condition, the responsibility to implement the mandate of Mineral and Coal Law are divided to certain ministries and coordination between them do not exist. Besides that, each related ministry strive for their own interest though it will be contrary with this law. An important thing that cannot be forgotten of this case is political factor. Bureaucracy fragmentation brings the space for Freeport to undertake the political lobbying to ministerial member to accommodate their interest. Keywords: Inconsistency, Indonesia Government, Mineral and Coal Law No.4/2009, Export Permit Letter, Freeport, Bargaining Power, Bureaucracy Fragmentation 1 Graduated from International Relations, Universitas Gadjah Mada in 2015
Date
2015Author
Frederik Sarira, Poppy S. Winanti
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https://etd.repository.ugm.ac.id/penelitian/detail/118617http://digilib.fisipol.ugm.ac.id/repo/handle/15717717/47819
