Joni Iskandar, Galang Asmara, Muh. Risnain

Abstract:

The division of authority of concurrent governmental affairs under Law 23 of 2014 on Regional Government is based on the principle of accountability, efficiency, and externalities, as well as national strategic interests. The central government in the transfer of the affairs of this concurrent authority leaves behind new problems to be resolved. The absence of implementing regulations from the law makes the relevant ministries issued circulars as the basis for the implementation of the transfer of authority. Based on the nature of the circular, the circular shall have no binding legal force. The consequence is that the circular can be implemented and also not implemented because there is no binding legal sanction for those who do not obey it.

The transfer of authority over government affairs also has an impact on legal products in the regions. The district government should revoke the conflicting regional regulation, while the provincial government must adapt its local regulations to the prevailing laws and regulations.

Keywords: energy and mineral resources, authority, local government

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