Regulatory Development of Mining in Indonesia, A Socio-Historical Analysis

Thursday, December 05, 2013, Venue : Gedung C Lantai 1 Ruang C.101 FISIP UI, 14:00, Organizer : Departemen Sosiologi FISIP UI

Speaker:

Dody Prayogo, Department of Sociology, Universitas Indonesia

Regulation in mining activities in Indonesia develop or change in accordance with historical changes of the society. Those holding power and their political and economic interests, determine how laws are produced, and hence a socio-historical analysis is important to understand Indonesia’s mining policy. The method of this paper is a desk review on particularly legal documents (secondary data). The analysis of the context is more a socio-political and not limited to only the context of laws and public administration, since it reduces the historical context behind the changes. Therefore, this paper analyses the important of historical developments of Indonesian mining laws in three historical periods, namely the Dutch colonial period, the independence period (Old and New Orders), and the reform and decentralization period. The conclusion of the analysis is obvious that during the colonial era, the law was “a tool for exploitation” of the colonies (in natural resources and labor), during the independence period the law was a tool for “nationalisation and centralisation” of national government, and during the reform and decentralisation period the law becomes a form “democratisation and decentralisation of mining” through state administration that is governed in a number of laws, regulations and even ministerial regulations.