JUM'ATUL CHOLISAH, 031141025 (2012) WEWENANG PEMERINTAHAN DAERAH DALAM PENGELOLAAN SUMBER DAYA ALAM PERTAMBANGAN MINERAL DAN BATU BARA. Thesis thesis, UNIVERSITAS AIRLANGGA.

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Abstract

The issue of law taken away in this research, i) the authority devision in terms of natural resource management on mineral field as well as coal mining; and ii) the production sharing funds in terms of natural resource management on mineral fields and even coal mining. Taking for granted, eventually, such a reserach is coming under normative one by countering for legislational approach and conceptual approach as well. Moreover, the findings belonging to this reserach as; 1) the division of authority in terms of natural mineral resource management and even coals amongst units of constituted authority namely management, official licence statement, monitoring and sustaining development. It is thought that the regional governance's systematic design framework under regional regulation reign. additionally, on behalf of IUP publication, in case the mining area occupies at cross-line of regency area /or at town or even at amongst 4-12 miles (ocean) thus, it could have been considered as governor's authoroty. By contrast, even if the mining area resides in regency area/ town or at 1-4 miles (ocean), thus that of area would have been belonging to or counting regent goverment/ mayor. 2) Admittedly, according to the article 14 item c UU No. 33 2004, DBH of natural resource management on mineral and coal are devided by average 20% for central govermants as well as 80 % accomodated for regional goverments. such DBH emerges from revenue of constant insurances (Land rent), exploration dues and exploitation dues (Royalty). The production sharing funds of country's constant insurance revenues (Land-rent) becoming a part of particular territory in which for the whole regions might be devided as; a) 16% (sixteen percents) for province ; and 64% (sixty-four percents) for regency/town as a producer. while, on the other hand, production sharing funds of country's constant exploration insurances as well as exploitation insurance (royalty) which is belonging to a well-established territory would be devided namely; a) 16% (sixteen percents) for the province; and 32% (thirty-two percents) for regency/town as a producer; and c) 32 % (thirty-two percents) for the other regencies/towns within shared region or province.

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