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Putri Aprilia Nurcahyani
Universitas 17 Agustus 1945 Surabaya, Indonesia

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Ecological Justice and Beneficial Ownership in Mining Concessions for University Putri Aprilia Nurcahyani; I Gde Sandy Satria
Mimbar Keadilan Vol. 19 No. 2 (2026): Agustus 2026
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v19i2.133801

Abstract

The Fourth Amendment to Indonesia's Mining Law through Law Number 2 of 2025 introduced a priority mechanism for granting Mining Business License Areas to companies cooperating with universities, giving rise to University-Owned Business Entities (BUM-PT) as a new subject in the national mining law system. This study examines the legal standing of BUM-PT as a recipient of mining concessions under existing regulations, and evaluates whether the beneficial ownership structure of BUM-PT aligns with the principle of ecological justice in natural resource management. Using normative legal research with statutory and conceptual approaches, this study finds that BUM-PT lacks explicit normative recognition in the mining law regime, as no regulation specifically governs its definition, formation mechanism, supervisory system, or legal accountability, creating a legal vacuum and disharmony between mining law and higher education law. Analyzed through Public Trusteeship Theory and Economic Analysis of Law, the current regulatory framework fails to reflect distributive, recognition, or participatory justice, as no mechanism guarantees beneficial owner transparency, protection of affected communities, or public participation in mining oversight. Regulatory harmonization integrating mandatory beneficial owner disclosure, profit allocation for the Tridharma functions, environmental protection, and community participation is urgently needed to ensure BUM-PT's involvement in the mining sector remains consistent with Article 33(3) of the 1945 Constitution.