A Legal Analysis of the Implications of Granting Mining Permits to Religious Organizations

Muhammad Nor, Sadino Sadino, Fokky Fuad — Tue, 18 Aug 2026 00:00:00 +0000

Indonesia holds the world’s largest nickel reserves and accounts for approximately 40% of total global production. The management of mineral and coal mining is regulated under Law Number 4 of 2009 concerning Mineral and Coal Mining, which has subsequently been amended. Amid public opposition to the Job Creation Law, which has been criticized as unconstitutional and anti-democratic, the government sparked further controversy by issuing Government Regulation (GR) Number 25 of 2024, in connection with the revision of Law Number 3 of 2020 concerning Mineral and Coal Mining, which was subsequently enacted as Law Number 2 of 2025 through a plenary session of the House of Representatives of the Republic of Indonesia. GR Number 25 of 2024 amends GR Number 96 of 2021 concerning the Implementation of Mineral and Coal Mining Business Activities. This study aims to examine the consistency and harmonization of regulations governing mining permits and to analyze the implications of granting mining permits to community and religious organizations. This study employs normative legal research, focusing on the examination of statutory regulations and other legal sources. The analysis draws on formal legal sources, including laws, decisions, and regulations, which are grounded in prevailing societal norms and values. The primary legal source examined in this study is GR Number 25 of 2024 concerning the Implementation of Mineral and Coal Mining Business Activities. The study concludes that the issuance of mining permits, including those managed by community and religious organizations, must comply with the applicable regulatory framework. However, regulatory disharmony exists between Law Number 2 of 2025 and GR Number 25 of 2024, resulting in an inconsistency between the Government Regulation and the hierarchy of laws and regulations. Furthermore, granting mining permits to community and religious organizations may potentially result in financial losses to the state, given that such organizations lack the capacity and corporate experience required to manage mining operations.

Ecotheology-Based Enforcement of Environmental Criminal Law: Integrating Positive Law and Islamic Law for Ecological Protection

Ahmad Mubarak — Tue, 18 Aug 2026 00:00:00 +0000

Environmental criminal law enforcement in Indonesia continues to face fundamental challenges, including weak deterrent effects, a predominant administrative orientation, and the suboptimal realization of ecological restoration as an objective of criminal punishment. At the same time, environmental degradation is not merely a legal issue but also has moral, spiritual, and theological dimensions, as it concerns the relationship between human beings, God, one another, and nature. This study aims to analyze ecotheology-based environmental criminal law enforcement by integrating Indonesian positive law with the principles of Islamic law. This study employs normative legal research using conceptual and statutory approaches. The legal materials examined comprise primary legal materials, including Law Number 32 of 2009, Law Number 6 of 2023, Government Regulation Number 22 of 2021, as well as Islamic legal sources derived from the Qur’an, hadith, and principles of Islamic jurisprudence (qawaid fiqhiyyah). Secondary legal materials were obtained from scholarly literature, judicial decisions, and reports issued by credible institutions. The findings indicate that ecotheology can strengthen the paradigm of environmental criminal law enforcement by positioning environmental pollution and degradation not only as violations of law but also as a betrayal of the human responsibility as khalifah (stewards) of the Earth. This approach promotes a model of criminal punishment that is not solely retributive but also preventive, restorative, educational, and transformative. The study concludes that ecotheology-based environmental criminal law enforcement is relevant to fostering ecological legal awareness, strengthening corporate accountability, and expanding the orientation toward environmental restoration as an integral component of ecological justice.

Justice Voice

A Legal Analysis of the Implications of Granting Mining Permits to Religious Organizations

Ecotheology-Based Enforcement of Environmental Criminal Law: Integrating Positive Law and Islamic Law for Ecological Protection