This Author published in this journals
All Journal Jurnal Simbur Cahaya
Ade Santi Irawati
Faculty of Law, Brawijaya University

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

Small Islands Mineral Mining Licensing Disharmony and the Ministry of Marine Affairs and Fisheries’ Authority Ade Santi Irawati; M. Rizqi Akbari; Shinta Hadiyantina; Anindita Purnama Ningtyas
Simbur Cahaya Volume 33 Nomor 1, Juni 2026
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/sc.v33i1.5469

Abstract

Small islands in Indonesia possess unique ecological characteristics yet are highly vulnerable to the destructive impacts of extractive industries, particularly mineral mining. Although the legal regime under Law Number 27 of 2007 concerning the Management of Coastal Areas and Small Islands and its amendments (UU PWP3K) adopts a conservation paradigm, reality demonstrates a massive issuance of Mining Business Licenses (IUP) in these regions based on the regime of Law Number 4 of 2009 concerning Mineral and Coal Mining and its amendments (UU Minerba). The primary issue lies in the regulatory disharmony following the enactment of the Job Creation Law and the implementation of the Online Single Submission Risk-Based Approach (OSS-RBA) system, which systematically curtails the authority of the Ministry of Marine Affairs and Fisheries (KKP) as the guardian of coastal ecosystems. This research aims to examine the juridical implications of current licensing regulations for the principle of small island protection and to formulate measures to strengthen the KKP's authority. This study constitutes normative legal research utilising statutory and conceptual approaches. The results indicate that the current licensing system suffers from norm degradation by disregarding the standing of the UU PWP3K as lex specialis, as affirmed in Supreme Court Decision Number 403 K/TUN/TF/2024 and Constitutional Court Decision Number 35/PUU-XXI/2023. The absence of the KKP's substantive role results in the loss of ecological checks and balances mechanisms. This study concludes that the state must restore the KKP's authority by establishing technical regulations that make the Minister of Marine Affairs and Fisheries' recommendation an absolute prerequisite (conditio sine qua non) for the issuance of an IUP by the relevant agencies, thereby guaranteeing legal certainty and environmental sustainability.