Damanik, Herlina
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Mining Business Licenses in the Perspective of Administrative Law Between State Authority and Community Rights Damanik, Herlina; Fransisco, Wawan; Wahyudi, Fajar Satriyawan
Jurnal Hukum dan Keadilan Vol. 2 No. 5 (2025): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i5.435

Abstract

The Mining Business License (IUP) is the main legal instrument in the management of mineral and coal resources in Indonesia. The revision of the Mineral and Mineral Law changes the authority to grant permits from the local government to the central government with the aim of reducing the practice of overlapping permits and corruption and strengthening the effectiveness of supervision. However, this centralization policy poses new challenges in the form of reduced role of local governments, limited community participation, and increased potential for social conflicts with indigenous peoples. This study used the Systematic Literature Review (SLR) method with the PRISMA procedure on 971 articles, until 50 relevant articles were selected for analysis. The results of the study show that the practice of protecting the rights of communities, especially indigenous peoples, is still weak due to the lack of application of the Free, Prior, and Informed Consent (FPIC) principle. In addition, maladministrative practices, weak law enforcement, and lack of transparency worsen the governance of the mining sector and ignore the principle of intergenerational justice. This study confirms the existence of research gaps related to the effectiveness of authority centralization, community-based supervision models, FPIC implementation, and systematic studies of intergenerational justice in mining licensing. These findings contribute to strengthening the legal analysis of mining administration and open up opportunities for regulatory reform towards fairer, accountable, and more sustainable governance.
LEGAL COMPLIANCE IN THE FOREIGN FRANCHISE SECTOR: EXAMINING THE ALIGNMENT BETWEEN FRANCHISE AGREEMENTS AND BUSINESS LICENSING IN INDONESIA Nugraha, Muhammad Al Haadi; Fathni, Indriya; Kurniawan, Ridha; Damanik, Herlina; Irawan, Agus
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1801

Abstract

This study analyzes the legal implications of regulatory disharmony between Government Regulation No. 35/2024 on Franchises and Government Regulation No. 28/2025 on Risk-Based Business Licensing, focusing on the position of the Franchise Registration Certificate (STPW) within the Online Single Submission (OSS) system. Using a normative juridical method with statutory, conceptual, and comparative approaches, the research relies on secondary legal materials legislation, scholarly works, and prior studies examined qualitatively through legal certainty theories and relevant doctrines. Findings indicate three main issues. First, overlapping requirements between STPW and OSS create administrative duplication and potential dual-track enforcement, resulting in legal uncertainty. Second, conflicts arise between public law obligations and private contractual practices in foreign franchise agreements, particularly regarding exclusive supply clauses that contradict local content and MSME partnership requirements. Third, comparative analysis shows that Malaysia’s Franchise Act 1998, strengthened by the 2020 amendment, ensures stronger legal certainty through ex-ante registration, clear deadlines, and enforceable criminal sanctions, providing more credible deterrence than Indonesia’s framework. The study concludes that Indonesia’s franchise regulation remains fragmented and lacks binding statutory authority, which undermines investor confidence and domestic economic protection. It recommends the enactment of a comprehensive franchise law at the statutory level, full integration of STPW within the OSS system, and reinforced sanction mechanisms to enhance legal certainty and create a more conducive business climate.