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All Journal Journal Customary Law Jurnal Greenation Sosial dan Politik
Muh. Rustiawan Ardiansyah
Universitas Borobudur, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Registration of Mining Business Permits in the Indonesian Minerba One Data System (MODI) of the Ministry of Energy and Mineral Resources Reviewed from the Perspective of State Administrative Law Muh. Rustiawan Ardiansyah; Ahmad Redi
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5826

Abstract

This study examines the Mining Business Permit (IUP) registration regulations in the Minerba One Data Indonesia (MODI) system of the Ministry of Mineral Resources and Energy from the standpoint of State Administrative Law. The study problem's primary focus is on how the Minister of Energy and Mineral Resources' Decree Numbers 15.K/HK.02/MEM.B/2022 and 297.K/MB.01/MEM.B/2023 differ in their IUP registration regulations and how this affects how State Administrative Court rulings are implemented. The normative legal research method used in this study includes a statutory regulatory approach, a comparison approach, and a case approach. Both primary legal resources, like laws and court decisions, and secondary legal resources, such as relevant books and academic publications, are used. The findings demonstrate that legally binding court rulings are still accepted by the Minister of Energy and Mineral Resources' Decree Number 15 of 2022 as the foundation for processing and registering IUPs in the MODI system. However, this approach was modified by the Minister of Energy and Mineral Resources Decree No. 297 of 2023, which concentrated on the organization and reconciliation of licensing data by the national and local governments. This difference in regulation has the potential to create a conflict between administrative policies and the obligation to implement court decisions, as reflected in the PT Gapura Mario Sejahtera dispute. The Supreme Court's decision in this case emphasized that administrative policies cannot override the obligation of state administrative officials to implement legally binding court decisions.
Problems of Registration of Mining Business Permits in The ESDM Modi System from The Perspective of State Administrative Law Muh. Rustiawan Ardiansyah; Rineke Sara
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.509

Abstract

Mining Business Permit (IUP) registration is an administrative activity with significant legal implications in the mining sector in Indonesia. With the implementation of the MODI ESDM system, the government seeks to improve the efficiency, transparency, and accountability of the licensing process. However, the practice of IUP registration through MODI ESDM still faces various legal and administrative issues that impact legal certainty for permit holders. This study aims to analyze these issues from the perspective of State Administrative Law (HTUN), specifically regarding the principles of legality, legal certainty, transparency, and accountability of government administration. The research method used is normative and conceptual with a statutory approach, reviewing Law No. 3 of 2020 concerning Minerals and Coal, Government Regulation No. 96 of 2021, and Law No. 30 of 2014 concerning Government Administration, as well as relevant legal literature. The results of the study indicate that although MODI ESDM can expedite the registration process, there are several problems such as technical system disruptions, unclear permit status, and delays in validation that have the potential to give rise to administrative disputes at the PTUN. This research emphasizes the need for improved administrative mechanisms, strengthened operational guidelines, and enhanced outreach and training for system users. This will optimize the implementation of the HTUN principle, maintain legal certainty, and support a healthy investment climate in the mining sector.
Co-Authors Ahmad Redi Rineke Sara