인도네시아 지방분권화와 자원개발법제의 변화
Decentralization of Indonesian Government and Changing Regulatory Regime in Mining Sector
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Indonesia has significant reserves in minerals, coal, and gas. The mining sector has contributed a significant share of Indonesia's exports and economic growth. Indonesia requires continuing foreign investments and expertise for further development of substantial reserves of coal and mineral resources. However, the mining policy is heavily influenced by changing political climate. One of the main aspects of the democratization in Indonesia was to reduce the power of central government and increase of the scope of local government in politics and the economy. The decentralization was reflected in the provisions of the New Mining Law enacted in 2009 replacing the Old Mining Law of 1967. Under the New Mining Law regime, significant part of administrative power of controling mineral resources has been transferred to the local governments. The New Mining Law reduced the central government's role to policy-making and management oversight, and the role of local government has been expanded. Although this is a natural consequence and trend after democratization and decentralization of the Indonesian society, from foreign investors' perspective this means increased uncertainty and possibility of inconsistency with the local government's policy relating to the mining industry. Decentralization has many benefits, and has contributed to reflect the interest of local communities. However, the abuse and discretionary exercise of the power by the local governments regarding the mining industry may lead to corruption and jeopardize the growth of regional autotomy.
Abstract
Indonesia has significant reserves in minerals, coal, and gas. The mining sector has contributed a significant share of Indonesia's exports and economic growth. Indonesia requires continuing foreign investments and expertise for further development of substantial reserves of coal and mineral resources. However, the mining policy is heavily influenced by changing political climate. One of the main aspects of the democratization in Indonesia was to reduce the power of central government and increase of the scope of local government in politics and the economy. The decentralization was reflected in the provisions of the New Mining Law enacted in 2009 replacing the Old Mining Law of 1967. Under the New Mining Law regime, significant part of administrative power of controling mineral resources has been transferred to the local governments. The New Mining Law reduced the central government's role to policy-making and management oversight, and the role of local government has been expanded. Although this is a natural consequence and trend after democratization and decentralization of the Indonesian society, from foreign investors' perspective this means increased uncertainty and possibility of inconsistency with the local government's policy relating to the mining industry. Decentralization has many benefits, and has contributed to reflect the interest of local communities. However, the abuse and discretionary exercise of the power by the local governments regarding the mining industry may lead to corruption and jeopardize the growth of regional autotomy.
참고문헌 (19)
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