Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi

Constitutional Framework for Mining Regulation: Regional Autonomy and State Authority

Sumirat, Iin Ratna (Unknown)
Rahman, Arif (Unknown)
Tabrozi, Dhika (Unknown)
Wazin, Wazin (Unknown)



Article Info

Publish Date
03 Oct 2025

Abstract

The licensing of minerals and coal in Indonesia faces significant challenges, particularly concerning legal certainty and fair intergovernmental relationships. This research delves into the legal uncertainties emerging from the central-regional framework defined by Article 18 of the 1945 Constitution and Law No. 23/2014 on Regional Government. It also examines sectoral regulations as laid out in Law No. 4/2009, amended by Law No. 3/2020 and Law No. 2/2025, and Government Regulation No. 25/2024. Through a normative legal methodology that includes legislative, conceptual, and comparative analyses, the study highlights issues such as: overlapping mandates between laws, unclear operational boundaries between Law No. 23/2014 and post-2020 mining regulations, and inconsistencies in enforcement practices. A significant conclusion of the research emphasizes the constitutional authority given to Regional Governments to regulate and oversee mining operations within their areas. However, the implementation Law No. 2 may unintentionally undermine regional autonomy and modify the crucial role of Regional Governments as primary regulators in the mining sector. Additionally, the assignment of authority to mass organizations and universities in mining management in mining raises serious questions regarding legal hierarchy and compliance with constitutional mandates, potentially conflicting with their official roles and purposes.

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Journal Info

Abbrev

volksgeist

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Volksgeist: Jurnal Ilmu Hukum dan Konstitusi has published by Sharia Faculty of UIN Prof. K.H. Saifuddin Zuhri Purwokerto. Volksgeist has a focus in publishing the research, and conceptual ideas which specific in the sector of Law science. The topics which relate generally to Law issues in Indonesia ...