LEGAL CERTIFICATION OF LICENSE SPECIAL MINING BUSINESS TO REALIZE MINERAL AND MINING BUSINESS AND COAL OF JUSTICE

State ownership rights based on Article 33 of the 1945 Constitution of the Republic of Indonesia, on minerals and coal are held by the government and / or regional government based on several criteria based on the principles of accountability, efficiency and externalities, and national strategic interests by considering the harmonious relationship between the management of government affairs. This was stated in Law No. 4 of 2009 concerning Mineral and Coal Mining, but the legislation reaped controversy over its legal certainty regarding the change in the status of work contracts into special mining business licenses in achieving welfare and fairness goals. So, it is important to consider revising article 169 letter (b) of Law Number 4 of 2009 and Government Regulation Number 1 of 2017 again and also revising Minister of Energy and Mineral Resources Regulation No. 28 of 2017 concerning Amendment to Decree of the Minister of Energy and Mineral Resources Number 5 in 2017 concerning Increasing Value Added Minerals Through Mineral Processing and Purification Activities in the Country, so that it does not conflict with the laws and regulations that are above it and avoid legal uncertainty in order to be an effective solution for the government in dealing with this problem. Keywords: Legal Certainty, Special Mining Business License, Fair