Qonun Jurnal Hukum Islam dan Perundang-Undangan
Vol. 9 No. 1 (2025)

Reconstructing Indonesian Legislation on State Control of Mineral and Coal Resources to Promote Regional Welfare

Benito Asdhie Kodiyat MS (Universitas Muhammadiyah Sumatera Utara, Medan, Indonesia)
Ida Hanifah (Universitas Muhammadiyah Sumatera Utara, Medan, Indonesia)
Faisal (Universitas Muhammadiyah Sumatera Utara, Medan, Sumatera Utara, Indonesia)



Article Info

Publish Date
03 Aug 2026

Abstract

The recentralization of mineral and coal mining governance in Indonesia has generated constitutional debate regarding the implementation of the State's Right to Control under Article 33 paragraph (3) of the 1945 Constitution. Although the policy aims to strengthen national control over strategic natural resources, it has also reduced regional authority and raised concerns regarding accountability, regional welfare, and the constitutional balance between centralization and decentralization. This study aims to examine the constitutional framework of the State's Right to Control, analyze the legal implications of the shift from attributive to delegative regional authority, and formulate a balanced model for mining governance. This research employs a normative legal method using statutory and conceptual approaches. Primary, secondary, and relevant non-legal materials were analyzed through qualitative, descriptive, and prescriptive methods. The study concludes that the current centralized governance model weakens regional participation and supervisory functions, thereby creating constitutional and administrative inconsistencies. Accordingly, a balanced authority model is proposed to harmonize national strategic interests with regional autonomy and the constitutional objective of achieving the greatest prosperity of the people.

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Journal Info

Abbrev

qonun

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

Qonun Jurnal Hukum Islam dan Perundang-undangan is an open access, peer-reviewed journal which aims to offer an international academic platform for Islamic legal stuidies. It encompeasses research articles, both normative-doctrinal and empirical, in the dicipline of Islamic law that includes: ...