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All Journal Jurnal Media Hukum Jurnal Hukum Novelty INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Iqtishoduna: Jurnal Ekonomi Islam Indonesian Comparative Law Review Jurnal Penegakan Hukum dan Keadilan Batulis Civil Law Review Law and Justice Lex Scientia Law Review
Anggriawan, Rizaldy
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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The Legal Character of Mining Service Contracts by State-Owned Enterprises/SOEs (Persero) in Indonesia Umar, Wahyudi; Hernoko, Agus Yudha; Anand, Ghansham; Anggriawan, Rizaldy
Batulis Civil Law Review Vol 7, No 1 (2026): VOLUME 7 ISSUE 1, MARCH 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i1.3716

Abstract

Introduction: Mining service contracts executed by State-Owned Enterprises (SOEs) in the form of persero play a strategic role in Indonesia’s natural resource governance. Although formally framed as commercial contracts, these agreements involve public assets, state authority, and environmental responsibilities, creating legal complexities that challenge traditional private contract doctrines.Purposes of the Research:  This article aims to examine the legal character of mining service contracts entered by Indonesian SOEs persero and to determine whether such contracts can be classified as purely private commercial agreements or should be understood as contracts with inherent public dimensions.Methods of the Research: This study employs normative legal research using statutory, and conceptual approaches. Legal materials are examined through document analysis of legislation, doctrinal writings, and relevant legal principles governing contracts, state owned enterprises persero, and mineral and coal mining activities.Results / Main Findings / Novelty/Originality of the Research: The study finds that mining service contracts by SOEs cannot be categorized as ordinary private contracts. Instead, they constitute public–commercial contracts characterized by limited contractual freedom, heightened public accountability, and embedded state obligations. This conceptualization offers a refined legal framework for understanding SOE contracts in strategic sectors.
Co-Authors AA Sudharmawan, AA Agus Yudha Hernoko Asyiqin, Istianah Zainal Endriyo Susila, Muh. Ghansham Anand Jiatrahman, Farisma Muhammad Khaeruddin Hamsin, Muhammad Khaeruddin Rusdiana, Shelvi Situmeang, Ampuan Susila, Muh Endriyo Tan, Winsherly Wahyudi Umar Windi Afdal, Windi