THE PROBLEMS IN MINERAL AND COAL MINING REGULATIONS PERSPECTIVES POLITICAL LAW AND RESPONSIVE LAW

Minerals and coal are two elements of natural wealth owned by the Indonesian people and managed according to the country's economic system as regulated in Article 33 of the 1945 Constitution of the Republic of Indonesia. This paper examines the criticism of the birth of mineral and coal mining legal products amid the Corona Virus Pandemic Disease (Covid-19) that is deadly and afflicts most countries in the world including Indonesia, namely Law Number 3 of 2020 on Amendments to Law Number 4 of 2009 on Mineral and Coal Mining thus the regulations of mineral and coal mining creates problems. The approach method was used a socio legal approach. The results of the study show that problems that arise in the regulations of mineral and coal mining in terms from the political law and responsive law perspectives due to two factors between: (1) Contrary with establishment of legislation principles related discussion the draft Law on Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining. (2) Contrary with responsive law because participations of community low in establishment the draft Law on Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining.


INTRODUCTION
In United State of Republik Indonesia (NKRI), there are national ideals and goals that need to be realized in a sustainable manner, which are contained in the Preamble of the 1945 Constitution of the Republic of Indonesia which mention that To form an Indonesian State Government which to protect the entire Indonesian nation and all the blood of Indonesia and to promote public welfare, to educate the nation's life, and to participate in implementing world order based on independence, eternal peace and social justice. According to author, the Preamble to the 1945 Constitution of the Republic of Indonesia implies that one of the national ideals and goals of the Indonesian nation is

Kanun Jurnal Ilmu Hukum
The Problems in Mineral and Coal Mining Regulations Perspectives Political Law and Responsive Law Vol. 23, No. 1, (April, 2021), pp. 133-156. Putra Astomo 134 the realization of a just and prosperous community life in which to make it happen the state needs to manage natural wealth considering that this nation has abundant natural wealth. The natural wealth contained in the bowels of the earth, for example, are minerals and coal.
Indonesia is a country that is rich in natural resources. Natural resources (both renewable and non-renewable) are essential resources for human survival. The loss or reduction in the availability of these resources will have a profound impact on the survival of mankind. The abundance of Indonesia's natural resources also caused the Indonesian State to be colonized for centuries by the Dutch and occupied for three and a half years by the Japan. One of the natural resources that is owned is coal mineral, which is included in the nonrenewable resource category (Risal, Paranoan, & Djaja, 2017).
Minerals and coal are natural resources. Natural resources in Indonesia, philosophically were controlled and managed by the state as Article 33 paragraph 3 of the 1945 Constitution of the Republic of Indonesia states that the land, water and natural resources contained therein are controlled by the state and used to the maximum extent for the prosperity of the people. According to author, the Article 33 paragraph 3 of the 1945 Constitution of the Republic of Indonesia implies that natural resources are controlled and managed by the state aimed at creating welfare and prosperity for all people through mineral and coal management.
According to Wirjono Prodjodikoro, a rule of law is a state in which there are state equipment, especially tools from the government in its actions against citizens and all the practices in relations to it should not be arbitrary, but must pay attention to regulations, and law, and all people in social relations must comply with the regulations of law (Faizal, 2017).
Indonesia is a constitutional state as stated in Article 1 paragraph 3 of the 1945 Constitution of the Republic which mention that Indonesia is a constitutional state. The author views that Indonesia as a rule of law adheres to a civil law system with law codification (written law) and is systematically compiled called legislation. Legislation has legal force that is binding for state Mineral and coal mining needs to be regulated in statutory regulations so as not to cause violations in the exploitation of mineral and coal mining and prevent abuse of state power. The laws and regulations in the mineral and coal mining sector are formed through a political law process involving three elements, namely: the legislative body, the executive branch, and the community. There are many writings that examine the politics of mineral and coal law, but most of them After legalized by the President, the law has triggered rejections from the community, especially those working in the field of mineral and coal mining. Therefore, it can be concluded that there are problems with the regulation of mineral and coal mining and this need to be studied and analyzed through of political law and responsive law perspectives.

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Based on the ideas that have been explained, the problem was formulated what's the problems that arise in the regulation of mineral and coal mining can be viewed from the political law and responsive law perspectives?

RESEARCH METHODS
The approach method was used a socio legal approach. According to Bambang Sunggono, in the socio legal approach was focused on examining public compliance with legal norms with the aim of measuring whether or not a regulations or material law is applicable (Benuf & Azhar, 2020

1) Relationship between Legal Politics and Responsive Law
In study political law, on it is generally the first question that arises is what the study of political law is law study? If yes, what is the object of study and the scope of political law?
According to Abdul Latif and Hasbi Ali have such a question can be answered from both a theoretical point of view as well as a philosophical point of view. Political law is part of science a law that examines the changes that must be made in applicable law in order to comply demands of The Problems in Mineral and Coal Mining Regulations Perspectives Political Law and Responsive Law Kanun Jurnal Ilmu Hukum Putra Astomo Vol. 23, No. 1, (April, 2021), pp. 133-156. 137 community life; with thus the politics law discusses the direction of development a law system; political law builds up ius constitutendum of ius constitutum (Anggoro, 2019).
What is the meaning of political law? According to Soedarto, political law is state of policy by state agencies which was authorized establish rules desired and will be used for expressing which contained in community and for achieve which told. According to Satjipto Rahardjo, political law is choosing of activity and means will be used for achieve specific of social and laws goals in community (Sarip, 2018). According to Padmo Wahjono, political law is the basic policy that determines the direction, form and content of the law to be formed. According to Teuku Mohammad Radhie, political law is a statement of the will of the state authorities regarding the laws that apply in their territory and regarding the direction of development of the law that is built (Astomo, 2014). According to Mahfud, political law is formal policy line about laws which will be applied with made new laws or changed old laws for achieve state goals (Wibawa, 2016;Tripa, 2019).
What is the meaning of responsif law? Nonet and Selznick qualify the law into 3 groups which are the stages of evolution in the relationship between law and social order and political order. Third categories of laws are (1) repressive law, (2) autonomous law and (3) responsive law.
In principle, repressive law recognizes the law and the state as two inseparable things. The enforcement of repressive laws cannot be separated from integration which near between law and political. Form of most near integration is there a direct subordination from law institutions to in power elites. Autonomous law is referred to as rule of law. Autonomous law focuses on regulation and this causes autonomous law to tend to narrow the scope of legally relevant facts, thus separating thinking from social reality. The result is legalism, which is a tendency to rely on legal authority at the expense of solving problems at the practical level. Responsive law is results-oriented, on goals to be achieved outside the law. In responsive law, the legal order is negotiated, not won through subordination. The hallmark of responsive law is looking for the implied values contained in

Kanun Jurnal Ilmu Hukum
The Problems in Mineral and Coal Mining Regulations Perspectives Political Law and Responsive Law Vol. 23, No. 1, (April, 2021), pp. 133-156. Putra Astomo 138 regulations and policies. In this responsive law model, they express their disapproval of doctrines which they perceive as standardized and inflexible interpretations (Soenyono, 2011).
According to author, responsive law discusses about interaction between law and community lifes. Social life of the community are very dynamics meaning much experience changes appropriate with knowledge and technology progress so that the law also responding quickly dynamics of social life the community. The law must accommodate wish or aspirations of community without discrimination so that it was hoped that law can create justice. According to author on political law perspective, the political configurations and law products of character was related to one another.
According to Mahfud, political law theory explains the pattern of relationships between political configurations and law products by state institutions of power. Law is a political product leading to the determination of the hypothesis that specific political configurations will be resulting also specific law product of characters. Democratic political configurations will be resulting responsive or autonomous law product characters, while an authoritarian (non-democratic) political configurations will be resulting conservative/orthodox or oppressive law product characters (Astomo, 2014).
Law is a political products so that the character of each law products will be very much determined or colored by considerations of the power or political configuration that produce it. This is based on the fact that every legal product is a political decision so that law can be seen as a crystallization of political thoughts that interact among politicians. Although from the "das sollen" perspective there is a view that politics must be subject to legal provisions, but from the "das sein" perspective, the law is in fact determined by the political configuration that gave birth to it (Faizal, 2017).
According to Nonet and Selznick, democratic and authoritarian concepts are identified based on three indicators, namely the party system and the role of representative bodies, the role of the executive, and the freedom of the press, while the responsive/autonomous law concept is identified based on the process of making law, granting legal functions, and the authority to interpret the law.

The Problems in Mineral and Coal Mining Regulations Perspectives Political Law and Responsive Law
Kanun Jurnal Ilmu Hukum Putra Astomo Vol. 23, No. 1, (April, 2021), pp. 133-156. 139 Based on these indicators, Mahfud MD describes them in a conceptual sense as follows: 1) The configuration of democratic politics is a configuration that opens up opportunities for the maximum potential of the people to play an active role in determining state policy. In such configuration, the government is more of a "committee" which must carry out the will of its people, which is Responsive/autonomous law products are law products whose character reflects the fulfillment of the demands of both individuals and various social groups in society so that they are more able to reflect a sense of justice in society. The responsive law making process openly invites the participation and aspirations of the community, and judicial institutions, the law is given a function as an implementing tool for the will of the community, while the formulation is usually sufficiently detailed so that it is not open to interpretation based on the will and vision of the government itself. 4) Conservative/orthodox law products are law products whose characters reflect the political vision of those in power, so that their creation does not invite the participation and aspirations of the people seriously. If such a procedure exists, it is usually more of a formality. In such a product, law is usually assigned a function with an instrumentalist positivist character or a tool for the implementation of ideology and government programs. The formulation of the legal material is

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usually only basic in nature so that it can be interpreted by the government according to its own vision with various implementing legislations (Hadi, 2015).
According to author, the relationship between political law and responsive law can also be seen from relationship between law and power aspects. The relationship between law and power can be seen in two ways, namely: First, examining the concept of sanctions. The existence of behavior that does not comply with legal rules causes sanctions to enforce these legal rules, because sanctions are a form of violence, so their use requires juridical legitimacy (legal justification) in order to make them legal violence. Second, examining the concept of constitutional enforcement.
The development of an orderly system of legal rules in a country is regulated by the law itself, which is usually stated in the constitution of the country concerned. The enforcement of the constitution, including the enforcement of correct procedures in law enforcement, assumes the use of force. This means that the law itself must get protection for the sake of enforcement, namely power. Another pattern of relationship between law and power is that law is not the same as power.
That is, law and power are two separate things, but there is a close relationship between them. The relationship can be in the form of a dominative relationship and a reciprocal relationship (reciprocal). There are three forms of manifestation of the relationship between law and power in this context, namely: First, the law is subject to power. That is, law is not only a subordination of power, but also often a means of power, in other words, power has the supremacy of law. Therefore, the legal definitions put forward by experts place the law under the control of power. Second, power is subject to law. That is, power is under the laws and laws that determine the existence of power. In legal thinking, the submission of power to the law is a basic concept in the administration of the state administration. This concept is formulated in terms of the supremacy of law. The supremacy of law means that law is the highest rules for regulating of community, nation and state lifes. The law as highest rules appears in the concept of basic state norms (staatsfundamentalnorm) or grundnorm according to Hans Kelsen's thought. In addition, the rule of law also means that the use

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of power to carry out the life of the state administration and the wheels of government must be based on the rule of law. Without a legal basis, power has no legality. Third, there is a reciprocal (symbiotic) relationship between law and power. In this case, the relationship between law and power is not dominant in which one is dominant or determines the other, but the relationship of influence is functional, meaning that the relationship is seen from the point of view of certain functions and can be carried out between the two (Safriani, 2017).
Based on the description regarding to the relationship between political law and responsive law, according to author, relationship between the two being seen from the political configurations which was reflected in the political attitudes of the legislative (law makers) and the executive in the establishment of law. Authoritarian political configurations will be resulting authoritarian or populistic law products because the law product characters of the prioritizes benefit of the authorities and overrides benefit of the publics, if otherwise democratic political configurations will be resulting democratic law products because the law product characters prioritizes benefit of the publics and overrides personal or groups benefits.
In connection with the existence of responsive law, responsive law creates a balance between the interests of law makers and the interests of community in the establisment of law so as to be able to realize law products that are democratic and fair for the community itself. Community participations in the establishment of legislations was juridis guaranteed and protected in Article 96 paragraph (1)  The Problems in Mineral and Coal Mining Regulations Perspectives Political Law and Responsive Law Vol. 23, No. 1, (April, 2021), pp. 133-156. Putra Astomo

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and coal mining scopes as a legislation process in a political law perspective must be able to accommodate various social responses related to mineral and coal mining management for the sake of welfare and prosperity for all communities.

Perspective
Based on the definition of political law explained by several experts, according to the author, the political law of mineral and coal mining is an official state policy to establisment, implementation, and enforcement a law products that aims to regulate mineral and coal mining in order to realize national ideals and goals, namely realizing social welfare for all Indonesian people. 143 the authorities in mining business activities are the state (through state companies) and/or regions (through regional companies). b) The implementation of mining business carried out by State Companies or by State Companies together with Regional Companies is for strategic mining materials. Then the mining activities of vital minerals are carried out by State or Regional Companies, as well as by private entities or individuals conducting joint business with State or Regional Companies. The business entity must be an Indonesian legal entity with specified conditions. Minerals that are not strategic and vital are regulated by the Provincial Government.
Based on these provisions, foreign companies cannot directly carry out mining business activities in However, there were significant changes, among others, regarding the change from a concession system to a mining exploitation system in which mining business activities were carried out by the state or region. If a private business entity is going to perform mining business activities, it will be carried out through joint ventures with the state or region (Muryati, Heryanti, & Astanti, 2017).
In developments next along with political developments and changes in government regimes also resulted in changes to legislation in the mining sector. The Problems in Mineral and Coal Mining Regulations Perspectives Political Law and Responsive Law Vol. 23, No. 1, (April, 2021  by the government. c) State and Regional Revenue. In Law Number 4 of 2009, the regulations regarding state and regional revenue are divided into 2 (two), namely tax revenue and non-tax revenue. Thus the regulation of state and regional revenues is firmer than the previous mining law.

Perspectives
According to author, establisment the Law Number 3   The Problems in Mineral and Coal Mining Regulations Perspectives Political Law and Responsive Law Vol. 23, No. 1, (April, 2021) The Problems in Mineral and Coal Mining Regulations Perspectives Political Law and Responsive Law Vol. 23, No. 1, (April, 2021), pp. 133-156. Putra Astomo

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and hierarchies of legislations. 4) Can be implemented was each establishment of legislations must take into account the effectiveness of these legislations in community well philosophically, sociologically, and juridically. 5) Beneficial is each legislation was made because really needed and beneficial in arrange the community, nation and state lifes. 6) Words Clarity is each legislation must be comply technic requirements of legislations, systematics, words or terms of choice, and law languages which clear and easy was understood so that don't create interpretations various in implementation. 7) Openness is in the establishment of regulation start from planning, drafting, discussion, ratification or arrangement, and enactment which transparent and open characters. and coal mining was related to natural resource management. This violation is contrary with Article 65 paragraph (2) Law Number 12 of 2011 mention that those relating to regional autonomy, central and regional relations, formation, expansion and merger of regions, management of natural resources and other economic resources and the balance between central and regional finances, carried out by involving the DPD. Second, contrary with conformity between types, hierarchy, and content as well as the togetherness principles. According to author, the principle of conformity between types, hierarchy, and content material requires the discussion of each content material (article by article) of legislations to include a Problem Inventory List (DIM). According to author, in togetherness of principle, the stipulation of a draft law is carried out by making decisions based The Problems in Mineral and Coal Mining Regulations Perspectives Political Law and Responsive Law Kanun Jurnal Ilmu Hukum Putra Astomo Vol. 23, No. 1, (April, 2021), pp. 133-156. 151 on deliberation to reach consensus between the lawmakers and government. The Problems in Mineral and Coal Mining Regulations Perspectives Political Law and Responsive Law Vol. 23, No. 1, (April, 2021  facilitate the community in give input orally and/or in writing as referred to in paragraph (1), every the draft of legislations must be easily accessible by community.

b. Contrary with Responsive Law Theory
The author views the responsive law theory brought by Philipe Nonet and Philipe Selznick is explaining that responsive law prioritizes the existence of community participations in establishment of law with other words responsive law products was born from the main principle that is there aspirations of community. Responsive law products certain prioritize openness of principle to accept social changes that occur in lifes of community for realization just laws.
According to author, The Law Number 3