Asian Journal of Law and Humanity
Vol 5 No 1 (2025)

Keadilan dan Etika dalam Kebijakan Pertambangan: Inkonsistensi Hukum Pemberian Konsesi Tambang pada Ormas Keagamaan

Noor, Muhammad (Unknown)



Article Info

Publish Date
08 Mar 2025

Abstract

Mining concession policies in Indonesia face serious challenges due to inconsistent norms, which are now complicated by profound ethical dimensions. This study analyses the vertical inconsistency between Government Regulation No. 25 of 2024, which prioritises mining concessions for religious organisations, and Law No. 3 of 2020, which limits such rights to state-owned enterprises, regional-owned enterprises, and private enterprises. Using normative legal research methods, the results of the study show that Article 83A paragraph (1) of PP No. 25 of 2024 adds a new norm that substantially contradicts the above law. More than just a legal issue, this policy raises crucial ethical questions. From an ethical perspective, granting this permit creates a conflict of interest for organisations that have historically played a role as moral and social guardians. The potential for abuse of authority and corruption also increases, undermining the principle of transparency. Furthermore, there are ethical concerns regarding the capacity and readiness of CSOs to manage extractive industries that pose high risks to the environment and society. Therefore, legal harmonisation is needed that not only guarantees certainty and justice, but also considers the broader ethical implications in order to prevent adverse social and environmental impacts.

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Journal Info

Abbrev

ajlh

Publisher

Subject

Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The articles focus specifically on Asian law and humanity issues, by scope of law and human right, law and womens right, law and human behaviour, labor law issues, law and violence against women-children, law and childrens right, law and gender ...