Mimbar Keadilan
Vol. 19 No. 1 (2026): Februari 2026 (In Press)

Redesigning the Authority of Autonomous Region in Geothermal Management: a Constitutional Justice Perspective

Hadi, Syofyan (Unknown)



Article Info

Publish Date
28 Jan 2026

Abstract

The purpose of this study is to analyse the authority of autonomous regions in geothermal management and to find a fair redesign of the division of geothermal management authority to autonomous regions. This study is a legal study with a statute, conceptual, and case approach. The primary and secondary legal materials that have been collected are then analysed normatively. The results of the study found that through the principle of the broadest possible autonomy, the central government decentralizes some concurrent government affairs to autonomous regions. One of the concurrent affairs is geothermal affairs. However, Law No. 23 of 2014 regulates the centralization of geothermal permit issuance, so that it only becomes the authority of the Central Government. In fact, this centralization is strengthened by the Constitutional Court Decision Number 11/PUU-XIV/2016. In fact, this causes injustice to autonomous regions. After all, it is contrary to Article 18 paragraph (2) and paragraph (5) and Article 18A paragraph (1) and paragraph (2) of the 1945 Constitution of the Republic of Indonesia and is inconsistent with Law No. 23 of 2014 because it only uses the principle of national strategic interests. Therefore, as an effort to provide justice for the regions, the regulation needs to be redesigned by dividing the authority to grant geothermal permits among the regions. The division of authority is carried out using the principles of accountability, externality, and efficiency by considering the location/place of the geothermal permit, users, and benefits/negative impacts of granting geothermal permits, as well as efficiency in the implementation of granting geothermal permits.

Copyrights © 2026






Journal Info

Abbrev

mimbarkeadilan

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Mimbar Keadilan is published by the Law Faculty Laboratory of Law Faculty, University of August 17, 1945, Surabaya. First published in 1996 and up to now there are as many as two editions per year. This journal gives readers access to download journal entries in pdf file format. Mimbar Keadilan is ...