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All Journal Jurnal Nusantara Berbakti Siyasah : Jurnal Hukum Tata Negara Pamulang Law Review
Lathisa Nazwa Shalsabila Azzahra
Universitas Negeri Surabaya
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Mechanical Engineering Social Sciences Other

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Fragmentation of Authority in Mineral and Mineral Mining Licensing based on a Prismatic Legal Perspective Hezron Sabar Rotua Tinambunan; Febrian Indar Surya Kusuma; Firyal Nurul Badriyah; Lathisa Nazwa Shalsabila Azzahra; Amalina Ahmad Tajudin
Pamulang Law Review Vol. 9 No. 1 (2026)
Publisher : Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32493/palrev.v9i1.61551

Abstract

The governance of mineral and coal mining licensing in Indonesia shows that there is a tension between decentralization and centralization policies in state administrative law. After the amendment of the Mineral and Coal Law and the enactment of the Regional Government Law, the authority of mining licensing has undergone a significant shift from the local government to the central government. These changes have resulted in fragmentation of authority, disharmonization of regulations, unclear institutional coordination, and problems of legal certainty in national mining governance. This study aims to analyze the fragmentation of authority in mineral and mineral mining licensing based on the perspective of state administrative law and Fred W. Riggs' prismatic legal theory. This research is a normative legal research. The results of the study show that the centralization of mining licensing authority has not completely solved the governance problem, but has instead given birth to a new form of institutional fragmentation and administrative dualism. A prismatic legal perspective shows that Indonesia's mining governance shows the character of a transitional society characterized by the coexistence between modern law and patrimonial bureaucratic culture. This study found that the disharmonization of the distribution of authority leads to legal uncertainty, weak supervision, and decreased regional participation in natural resource management. The novelty of the research lies in the use of prismatic legal theory as a framework for analysis of the fragmentation of mining licensing authority in Indonesia.
Resentralisasi Kewenangan Perizinan Pertambangan Mineral dan Batubara dalam Perspektif Hukum Profetik Hezron Sabar Rotua Tinambunan; Febrian Indar Surya Kusuma; Firyal Nurul Badriyah; Lathisa Nazwa Shalsabila Azzahra
Siyasah Vol. 6 No. 1 (2026): Siyasah Jurnal Hukum Tata Negara
Publisher : UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/pe82js29

Abstract

This article analyzes the legal politics of recentralization of mineral and coal mining licensing in Indonesia from a prophetic legal perspective. The urgency of this research arises from the increasing agrarian conflicts, environmental damage, and uneven distribution of economic benefits, which show weaknesses in mining governance in both the decentralized and post-centralization eras. The amendment through Law Number 3 of 2020 marks a shift of authority from the local government to the central government, which aims to improve governance, but creates new problems related to participation and justice. This study aims to analyze the legal politics of the recentralization of mineral and coal mining licensing and evaluate it from the perspective of prophetic law, which includes the values of humanization, liberation, and transcendence. The method used is normative juridical with a legal and conceptual approach. The results show that recentralization strengthens state control and increases administrative efficiency, but has not been able to guarantee substantive justice due to limited public participation, unequal distribution of benefits, and weak environmental protection. From the perspective of prophetic law, these policies do not fully reflect the values of humanization, liberation, and transcendence. The novelty of this research lies in the use of prophetic law as an analytical framework in the legal politics of natural resources, which was previously mainly studied through political economy or administrative governance approaches. The study also proposes a reconstruction of legal politics through a participatory decentralization model based on prophetic values, a synthesis between centralization and decentralization. This model is expected to achieve fairer, more inclusive, and sustainable mining governance.
Penguatan Kapasitas Kelembagaan Desa Beran Melalui Pendampingan Pembentukan Peraturan Desa Berbasis Meaningful Participation Lathisa Nazwa Shalsabila Azzahra; Mohammad Rafli Hidayat; Hezron Sabar Rotua Tinambunan; Febrian Indar Surya Kusuma
Jurnal Nusantara Berbakti Vol. 4 No. 4 (2026): Oktober: Jurnal Nusantara Berbakti
Publisher : Universitas Kristen Indonesia Toraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/jnb.v4i4.861

Abstract

This community service initiative aims to strengthen the institutional capacity of Beran Village, Ngawi Regency, in the formulation of village regulations based on the principle of "meaningful participation." The activity involved 30 participants aged 20–45, comprising both village officials and community members. The implementation process included planning, identifying institutional needs and challenges, developing materials, conducting outreach, facilitating interactive discussions, providing guidance on identifying regulatory needs, deliberating on content and drafting norms, and performing an evaluation. Data were collected through observation, discussion outcomes, participant feedback, and documentation, and were subsequently analyzed using a descriptive qualitative approach to evaluate the results of the assistance provided. No formal evaluation instrument is mentioned in the text. The outcomes of the activity included the identification of local issues, the discussion of proposals based on their urgency and the village's authority, and the facilitation of the submission and consideration of community aspirations, supported by evidence of the process. The discussions emphasized three core elements of meaningful participation: the right to be heard, the right to have one's input considered, and the right to receive an explanation regarding how that input was addressed. As the text does not report any specific written outputs or "before-and-after" measurements, it is not possible to definitively quantify changes in the participants' understanding or the impact on the quality of the resulting regulations.
Co-Authors Amalina Ahmad Tajudin Febrian Indar Surya Kusuma Firyal Nurul Badriyah Hezron Sabar Rotua Tinambunan Mohammad Rafli Hidayat