THE OVERLAPPING OF MINING AUTHORITIES – STATE ADMINISTRATIVE OFFICIALS PROVEN TO VIOLATE GENERAL PRINCIPLES OF GOOD GOVERNMENT
 
Although based on Government Regulation no. 75 of 2001, the defendant as a State Administrative Official has the authority to issue mining authorization
decisions in his area, with the knowledge that the mining area of PT Arutmin Indonesia is in the Tanah Laut Regency (in the defendant’s area), the defendant should have been careful and considered carefully when preparing a decision quo by first seeking a
clear picture of all relevant facts or all the interests of third parties, before the defendant decides to grant mining authorization for the Tanah Laut area, so as not to cause legal problems in the future, due to overlapping mining authorization areas. In
this case, the State Administrative officials were proven to have violated the general principles of good governance, namely the principles of precision and prudence.
 

Supreme Court Decision No. 213 K/TUN/2007 dated 6 November 2007.
 
Source: Hukumonline.com
 
Best regards
Fredrik J. Pinakunary