MINING LEGAL POLICY BASED ON LOCAL WISDOM IN INDONESIA

Abstract

Local wisdom encompasses the intrinsic values, cultural practices, and accumulated knowledge endured among indigenous societies, particularly within mining activities. This study examines the impact of incorporating local wisdom into mining legislation on achieving a harmonious equilibrium between the exploitation of natural resources, environmental preservation, and safeguarding indigenous peoples' rights. The objective of this study is to examine the implementation and consequences of mining law rules in Indonesia that are grounded in local wisdom. The research approach employed in this study is normative legal research, which entails examining and analyzing mining legal laws applicable in Indonesia. This includes an exploration of rules that encompass many parts of local wisdom. The findings of this study demonstrate that alterations in mining legislation in Indonesia, mainly through the implementation of Law Number 3 of 2020, which modifies Law Number 4 of 2009, have resulted in substantial transformations in the mining landscape. The concentration of mining policy at the national level has diminished local governments' capacity to exercise regulatory control over the mining industry. Nevertheless, the extraction of legal laws grounded in indigenous knowledge is crucial as it acknowledges the wide range of environmental attributes and circumstances present in individual regions. This facilitates the implementation of more pertinent and efficient legislation, promotes comprehensive environmental preservation, places attention on the socio-economic consequences, and mitigates the occurrence of social conflicts. While the central government maintains primary authority, there have been endeavors to prioritize the inclusion of local viewpoints, wisdom, and the needs of communities in the management of mining activities in Indonesia.