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Legal Vacuum in Issuance and Revocation of Mining Business Permits Situmeang, Ojak; Bakir, Herman
Rechtsnormen: Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1650

Abstract

Background: The management of Indonesia's abundant natural resources, particularly through mining activities, is closely tied to the issuance of permits governed by regulations such as the Mineral and Coal Law and its derivative laws. However, challenges like regulatory uncertainty, overlapping authority between central and regional governments, and inconsistent law enforcement create a legal vacuum that hinders the effectiveness of permit issuance and revocation. Objectives: This study aims to analyze the mechanisms for issuing and revoking mining business permits in Indonesia. It also seeks to identify legal challenges and provide recommendations to strengthen the legal framework and ensure effective implementation. Methods: This research employs a normative legal approach, focusing on the analysis of laws, regulations, and case studies related to mining business permits. Secondary data were analyzed qualitatively to evaluate the consistency and effectiveness of the legal framework. Research Findings: The findings reveal that the issuance and revocation processes are plagued by unclear regulations and fragmented governance. These issues result in regulatory inefficiencies and weak law enforcement, impeding sustainable resource management. Conclusion: To address the legal vacuum, reforms are required to ensure clarity, eliminate overlapping authority, and improve law enforcement. Strengthening the legal framework will enhance the management and regulation of mining permits in Indonesia.
Penerapan Corporate Social Responsibility (CSR), Antara Tantangan dan Tuntutan Barthos, Megawati; Nugraha, Lingga; Sukendar Situmorang, Suhadi; Situmeang, Ojak
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5389

Abstract

This study aims to analyze the implementation of Corporate Social Responsibility (CSR) in Indonesia, focusing on the economic, social, and environmental dimensions that form the basis for CSR policies in this country. This study also explores the challenges faced in implementing CSR policies, as well as the factors that support and inhibit the implementation of CSR by companies. In this study, it was found that although there are regulations governing CSR, the main challenge lies in the lack of clarity of policies and the mismatch between the expectations of the community, companies, and the government. Supporting factors such as organizational culture and customer demand greatly influence the success of CSR implementation. Conversely, inhibiting factors such as minimal synchronization between the government and the business world and the lack of clear technical guidelines are significant obstacles to effective implementation. Therefore, more integrated policies and collaboration between the government, companies, and the community are needed to improve the implementation of CSR that has a positive impact on social and environmental sustainability.
Rekonstruksi Mekanisme Hukum dalam Pencabutan Izin Usaha Pertambangan Berdasarkan Asas Kemanfaatan Hukum Situmeang, Ojak; Redi, Ahmad
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5384

Abstract

The application of the principle of legal benefit in the revocation of Mining Business Licenses (IUP) in Indonesia plays an important role in achieving the goals of social welfare, environmental sustainability, and economic sustainability. This principle prioritizes the use of law for the benefit of society and the state, with an emphasis on the balance between natural resource management and environmental protection. This study discusses the application of the principle of legal benefit in the process of revoking IUP, the factors that influence the decision, and the obstacles faced in its implementation. Improvements in the legal system, supervision, and transparency are needed to overcome existing challenges, as well as improvements to laws and regulations to support economic sustainability and environmental protection. Improving the application of the principle of legal benefit will ensure that the mining sector can operate responsibly and sustainably.
The Urgency of Establishing Special Regulations on Crypto Mining in the Framework of Legal Certainty in Indonesia Situmeang, Ojak; Soesatyo, Bambang
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.369

Abstract

The rapid development of blockchain technology has driven increased crypto-mining activities in various countries, including Indonesia. However, until now, Indonesia has not had specific regulations that explicitly regulate crypto mining, both in terms of legality, licensing, legal protection, and its impact on the environment and the national electricity system. This ambiguity creates legal uncertainty for business actors, investors, and law enforcement officers in assessing and handling these activities. This study aims to examine the urgency of establishing special regulations regarding crypto mining to provide clear and comprehensive legal certainty. The method used is a normative legal approach with an analysis of applicable laws and regulations and comparative studies with several countries. The study results reveal that special regulations are needed to address the legal challenges that arise from the practice of crypto mining that continues to grow in this digital era.