Judicial Review of Business Permit Revocation for Bankrupt Mining Companies in Indonesia

Abstract

The Revocation of Mining Business License is an administrative measure ensuring compliance in the mining sector. Government Regulation 96 of 2021 allows direct imposition of this sanction, especially for companies declared bankrupt. However, complexities arise during asset settlement overseen by the curator, where a judge may order continued mining to increase bankrupt assets. To tackle these issues, a researcher conducted normative legal research, focusing on legislative aspects. This falls under normative juridical research, analyzing regulations regarding revoking licenses for bankrupt mining businesses. The findings shed light on the regulatory framework for license revocation, contrasting with provisions for business continuity in bankruptcy laws. The study underscores the necessity of aligning legal regulations with their implementation, especially concerning the revocation of mining business licenses. By analyzing how mining legislation interacts with bankruptcy laws, the research seeks to offer insights into enforcing legal measures in the mining sector. In essence, the findings illuminate the complexities of revoking mining licenses in bankruptcy scenarios. Through a thorough examination of pertinent legal frameworks, the study enhances comprehension of the legal landscape governing the mining industry and identifies avenues for regulatory enhancement.