Pamulang Law Review
Vol. 9 No. 1 (2026)

Fragmentation of Authority in Mineral and Mineral Mining Licensing based on a Prismatic Legal Perspective

Hezron Sabar Rotua Tinambunan (Universitas Negeri Surabaya)
Febrian Indar Surya Kusuma (Universitas Negeri Surabaya)
Firyal Nurul Badriyah (Universitas Negeri Surabaya)
Lathisa Nazwa Shalsabila Azzahra (Universitas Negeri Surabaya)
Amalina Ahmad Tajudin (University of Islamic Science Malaysia)



Article Info

Publish Date
30 Aug 2026

Abstract

The governance of mineral and coal mining licensing in Indonesia shows that there is a tension between decentralization and centralization policies in state administrative law. After the amendment of the Mineral and Coal Law and the enactment of the Regional Government Law, the authority of mining licensing has undergone a significant shift from the local government to the central government. These changes have resulted in fragmentation of authority, disharmonization of regulations, unclear institutional coordination, and problems of legal certainty in national mining governance. This study aims to analyze the fragmentation of authority in mineral and mineral mining licensing based on the perspective of state administrative law and Fred W. Riggs' prismatic legal theory. This research is a normative legal research. The results of the study show that the centralization of mining licensing authority has not completely solved the governance problem, but has instead given birth to a new form of institutional fragmentation and administrative dualism. A prismatic legal perspective shows that Indonesia's mining governance shows the character of a transitional society characterized by the coexistence between modern law and patrimonial bureaucratic culture. This study found that the disharmonization of the distribution of authority leads to legal uncertainty, weak supervision, and decreased regional participation in natural resource management. The novelty of the research lies in the use of prismatic legal theory as a framework for analysis of the fragmentation of mining licensing authority in Indonesia.

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Journal Info

Abbrev

palrev

Publisher

Subject

Description

Pamulang Law Review (PalRev) is a peer-reviewed scholarly journal published by the Faculty of Law, Universitas Pamulang. The journal serves as an academic platform for the dissemination of high-quality legal research, theoretical analyses, and critical studies addressing contemporary legal issues ...