Mimbar Keadilan
Vol. 19 No. 2 (2026): Agustus 2026

Ecological Justice and Beneficial Ownership in Mining Concessions for University

Putri Aprilia Nurcahyani (Universitas 17 Agustus 1945 Surabaya, Indonesia)
I Gde Sandy Satria (Universitas 17 Agustus 1945 Surabaya, Indonesia)



Article Info

Publish Date
27 Aug 2026

Abstract

The Fourth Amendment to Indonesia's Mining Law through Law Number 2 of 2025 introduced a priority mechanism for granting Mining Business License Areas to companies cooperating with universities, giving rise to University-Owned Business Entities (BUM-PT) as a new subject in the national mining law system. This study examines the legal standing of BUM-PT as a recipient of mining concessions under existing regulations, and evaluates whether the beneficial ownership structure of BUM-PT aligns with the principle of ecological justice in natural resource management. Using normative legal research with statutory and conceptual approaches, this study finds that BUM-PT lacks explicit normative recognition in the mining law regime, as no regulation specifically governs its definition, formation mechanism, supervisory system, or legal accountability, creating a legal vacuum and disharmony between mining law and higher education law. Analyzed through Public Trusteeship Theory and Economic Analysis of Law, the current regulatory framework fails to reflect distributive, recognition, or participatory justice, as no mechanism guarantees beneficial owner transparency, protection of affected communities, or public participation in mining oversight. Regulatory harmonization integrating mandatory beneficial owner disclosure, profit allocation for the Tridharma functions, environmental protection, and community participation is urgently needed to ensure BUM-PT's involvement in the mining sector remains consistent with Article 33(3) of the 1945 Constitution.

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 ...