Anayasa
Vol. 4 No. 1 (2026): ANAYASA

LEGAL AND POLITICAL ASPECTS OF GRANTING MINING BUSINESS LICENSES TO CIVIL SOCIETY ORGANIZATIONS UNDER GOVERNMENT REGULATION NO. 25 OF 2024

Nur Lian (Universitas Jayabaya Jakarta)
Atep Abdurofiq (Universitas Jayabaya Jakarta)
Muhammad Rullyandi (Universitas Jayabaya Jakarta)



Article Info

Publish Date
31 Jul 2026

Abstract

This study examines the legal policy underlying the issuance of Government Regulation No. 25 of 2024, which grants priority access to Special Mining Business Permit Areas to civil society organizations through their business entities. Using a normative legal methodology as well as legal, conceptual, and historical approaches, this study analyzes the policy’s compliance with the hierarchy of laws, general principles of good governance, and principles of sustainable mining governance. The study’s findings indicate that the legal policy underlying Government Regulation No. 25 of 2024 is heavily influenced by short-term political interests that override the principles of the rule of law. This policy not only violates the hierarchy of laws by preempting its legal foundation but also disregards the principles of legal certainty, prudence, and transparency. The failure to integrate robust transparency and accountability mechanisms creates opportunities for the misuse of permits, the buying and selling of permits, and conflicts of interest. The legal implications for natural resource management and public welfare are significant, as this policy has the potential to transform the function of civil society organizations from social entities into commercial entities, threatening the principles of distributive justice and undermining the state’s right to control natural resources. This study recommends a comprehensive revision of GR 25/2024 by strengthening oversight, transparency, and clear boundaries so that civil society organizations can participate in the mining sector without sacrificing the principles of good governance and social justice.

Copyrights © 2026






Journal Info

Abbrev

anayasa

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

This journal is an academic journal with a focus on research in criminal law, civil law, international law, Islamic law, environmental law, legal administration, economic law, and customary law. This journal aims to provide a platform for sharing research results and scientific thoughts related to ...