PRINCIPLES OF JUSTICE IN ISSUING COMMUNITY MINING PERMITS IN INDONESIA

Abstract The purpose of this research is to find the essence of granting people's mining permits in Indonesia that are fair for the greatest prosperity of the people, to study and analyze the regulation and implementation of granting people's mining permits, and to find the ideal principles of granting people's mining permits that are fair in Indonesia. This research is a normative legal research that includes a study of the basic principles contained in Pancasila, the 1945 Constitution of the Republic of Indonesia and other laws and regulations using a philosophical approach, a historical approach, a legislative approach, a conceptual approach, and a comparative approach. The results of this research found that (1) the essence of granting people's mining permits in Indonesia is to realize sustainable ecological justice, justice for economic equality, and social justice. (2) The arrangement of authority between the central and regional governments has so far been centralistic in nature which has created new problems not only for the independence of autonomous regions, but is also vulnerable to corruption in people's mining permits. (3) Thus, in the future, re-decentralization needs to be implemented based on social justice, ecology, and economic equality to realize accountability, protection of people around the mine, and people's prosperity.