Legal Review of the Granting of Mining Business Licenses to Religious Organizations

The government, through Government Regulation of the Republic of Indonesia Number 25 of 2014 concerning amendments to Government Regulation Number 96 of 2021 concerning the Implementation of Mineral and Coal Mining Business Activities, provides special rights for Religious Organizations to obtain mineral and coal IUPs without having to go through an auction process. This research aims to examine and analyze legal reviews regarding the granting of mining business permits to religious community organizations. The problem formulation in this research consists of: 1). What are the dynamics and problems of granting mining business permits to religious organizations? 2). How is the use of mining business permits in accordance with the principles of justice and equality? The research method used in this research is doctrinal legal research. The results of this research conclude that: 1). The dynamics and problems of granting mining business permits to Religious Organizations are: First, the potential for silencing public supervision. Second, the low level of experience and competence of Religious Organizations in managing mineral and coal mining. Third, the auction process is set aside by eliminating the auction obligation for Religious Mass Organizations in receiving IUPs. 2). Utilization of mining business permits in accordance with the principles of justice and equality consists of: First, the concept of implementing affirmative action for specific IUPs must be given to vulnerable communities. Second, the use of CSR should be an alternative for the Government to provide financial assistance to Religious Organizations rather than providing IUPs which have no rational reason to be handed over to Religious Organizations.

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Publication Details

Journal
International Journal of Social Science and Human Research
Published
2024-10-14
DOI
https://doi.org/10.47191/ijsshr/v7-i10-28
Primary Topic
Engineering and Environmental Studies
Type
article
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article

Legal Review of the Granting of Mining Business Licenses to Religious Organizations

Novia Sigalna Putri, Joko Setiyono
International Journal of Social Science and Human Research
Engineering and Environmental Studies
article

Legal Review of the Granting of Mining Business Licenses to Religious Organizations

Novia Sigalna Putri, Joko Setiyono
article en

Abstract

The government, through Government Regulation of the Republic of Indonesia Number 25 of 2014 concerning amendments to Government Regulation Number 96 of 2021 concerning the Implementation of Mineral and Coal Mining Business Activities, provides special rights for Religious Organizations to obtain mineral and coal IUPs without having to go through an auction process. This research aims to examine and analyze legal reviews regarding the granting of mining business permits to religious community organizations. The problem formulation in this research consists of: 1). What are the dynamics and problems of granting mining business permits to religious organizations? 2). How is the use of mining business permits in accordance with the principles of justice and equality? The research method used in this research is doctrinal legal research. The results of this research conclude that: 1). The dynamics and problems of granting mining business permits to Religious Organizations are: First, the potential for silencing public supervision. Second, the low level of experience and competence of Religious Organizations in managing mineral and coal mining. Third, the auction process is set aside by eliminating the auction obligation for Religious Mass Organizations in receiving IUPs. 2). Utilization of mining business permits in accordance with the principles of justice and equality consists of: First, the concept of implementing affirmative action for specific IUPs must be given to vulnerable communities. Second, the use of CSR should be an alternative for the Government to provide financial assistance to Religious Organizations rather than providing IUPs which have no rational reason to be handed over to Religious Organizations.

International Journal of Social Science and Human ResearchVol. 07(10)
Openalex Percentile: Top 77%
Engineering and Environmental Studies
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