Mechanism for Spatial Utilization Activity Compliance in Mining Business Licensing and Its Implications for Environmental Preservation

The purpose of this study is to analyze the urgency of criminal prosecution of perpetrators who carry out mining business activities without a business license, law enforcement in decision Number: 517/Pid.B/2021/PN.Lbp regarding criminal acts of mining without a business license, and the factors that cause the occurrence of criminal acts. mining crime without a business license in Deli Serdang Regency. The type of research used is normative legal research supported by field data through interviews with investigators at the Medan Metropolitan Police. Data analysis in this study was carried out by selecting secondary data from library research and field research data analyzed qualitatively. The results of this study are, the urgency of criminalizing business actors who carry out mining businesses without a permit in Indonesia, namely to avenge criminals' mistakes is also intended to protect the public, by creating order in carrying out mining business activities. Law enforcement against business actors who carry out mining business without a mining business permit in decision Number: 517/Pid.B/2021/PN.Lbp is not optimal and does not reflect a sense of justice. Factors causing the occurrence of cases of mining without a mining business permit in Deli Serdang Regency are divided into 2 (two), namely, internal factors and external factors. Internal factors consist of educational factors and economic factors. On external factors due to the lack of socialization related to mining business licenses and the complicated management of mining business permits.

To drive the national economy, investment is one of the factors that continues to be developed by the Indonesian Government. Various efforts have been made by the Government to encourage both domestic and foreign investors to invest in Indonesia. One of these efforts is to build a new electronic-based licensing system. Based on PP Number 24 of 2018 concerning Electronically Integrated Business Licensing Services or often referred to as OSS, licensing services are becoming easier. Through the OSS system, licensing for business and investment is increasingly simplified. Through the OSS system, it is hoped that legal certainty for investing and doing business in Indonesia will be realized with certainty of requirements, certainty of time periods, certainty of costs incurred and certainty of licensing procedures. It is certain that these permits must be able to provide comfort for business actors, avoiding overlapping permits, abuse of authority or corruption from licensing holders. Business and investment permits must provide certainty of fulfillment of predetermined procedures and requirements so as to avoid disputes and lawsuits in court. With the issuance of Law Number 11 of 2020 concerning Job Creation (UUCK), it has further strengthened OSS as a business and investment licensing service system while realizing legal certainty and legal protection for investors in Indonesia.

Limited Liability Company (PT) as a Business Entity must have permits to carry out its business activities legally. Risk-based Online Single Submission (OSS) is designated as a Business Licensing portal based on the level of risk of a business activity in determining the type of business licensing. The purpose of this research is to find out how much influence the implementation of business licensing through the risk-based OSS system has in the business licensing of Limited Liability Companies and to formulate the legal consequences that arise if the Limited Liability Company does not comply with the standards of its business activities. The research method used is a normative juridical approach with analytical descriptive research specifications. Data analysis was carried out using qualitative normative methods. The results of the study show that the implementation of business licensing through the risk-based OSS system in practice has implications for limited liability company business licensing, namely providing convenience for limited liability companies in managing business licensing, because permits are issued at the beginning then the government as the authority will verify compliance with business activity standards. legal consequences that arise if the Limited Liability Company does not fulfill the standards of its business activities is the imposition of administrative sanctions on the Limited Liability Company.

Law No. 4/2009 on Minerals and Coal prohibits unlicensed gold mining activities because they have a big potential impact on environmental damage. Therefore, strict law enforcement is needed against humans who are not aware of environmental damage. The main problem in this research is the criminal provisions and law enforcement against perpetrators of unlicensed gold mining in the jurisdiction of the Sangihe Islands Police, North Sulawesi. The objective of this research is to find out the law enforcement process against perpetrators of unlicensed gold mining crimes in the jurisdiction of the Sangihe Islands. The approach method used in this research is the sociological juridical approach method. The juridical sociological approach is a research approach that uses legal aspects (legislation and facts in the field) related to the subject matter to be discussed, associated with the reality in the field or examines the positive law of an object of research and sees the practices that occur there. There are many mining businesses in various regions in Indonesia that are managed by local communities. Unfortunately, although there are national regulations that regulate the mining business, there are still very many mines managed by the community that have the status of illegal mining because they do not have a license, either a Special Mining Business License (IUPK) or other permits.

The Electronic Integrated Business Licensing Service, which is more easily referred to by the generic name Online Single Submission, is present in the context of business licensing services that apply in all Ministries, Institutions and Local Governments throughout Indonesia, which so far have been carried out through Pelayanan Terpadu Satu Pintu (PTSP). Apart from PTSP, the public can access the OSS System online wherever and whenever. The OSS system was built in the context of accelerating and increasing investment and business, by applying licensing to seek to be integrated electronically. In the latest regulation regarding OSS, namely Government Regulation Number 24 of 2018, the Government regulates among other things the types, applicants, and issuance of businesspermits; implementation of business licensing; business licensing reforms by sector, OSS system, OSS institutions, OSS funding; incentives or disincentives for business licensing through OSS; problem-solving and business obstacles; and sanctions.

In order to improve the investment ecosystem and business activities to create jobs, the Government has enacted Law Number 11 of 2020 concerning Job Creation, regulating the simplification of business licensing through the implementation of Risk-Based Business Licensing using standard methods based on risk levels as stated in Government Regulation Number 5 of 2021 concerning the Implementation of Risk-Based Business Licensing, the licensing transformation aims to provide legal certainty for foreign investors in investing in Indonesia. This study will examine the implementation of risk-based business licensing based on Government Regulation Number 5 of 2021 using Normative Legal Research or library research, with a statute approach, conceptual approach and historical approach to examine existing legal problems. The results of this study show that the change in business licensing to risk-based business licensing that integrates the authority and licensing issuance process in the OSS system still has problems starting from the implementation of authority and the issuance process of basic requirements, business licensing, supporting business licensing and risk classification based on sector. With these problems still existing, it can create legal certainty for investors to invest in Indonesia so that it is necessary to amend Government Regulation Number 5 of 2021 concerning the Implementation of Risk-Based Business Licensing.

The risk-based business licensing system operated electronically by the Investment Coordinating Board (BKPM) is known as the Online Single Submission Risk Based Approach (OSS RBA). The implementation of technical considerations for land (PTP) is carried out by the National Land Agency Office, one of the classifications is the suitability of space utilization activities (KKPR) for business activities carried out through KKPR and PKKPR, licensing can be carried out even though the RDTR is not yet available or the existing RDTR has not been integrated into the OSS system, by using the PKKPR mechanism. while those that have been integrated into the OSS system use KKKPR, this manuscript aims to determine the meaning, application requirements, procedures, and obstacles to technical considerations for land in the framework of approval of the suitability of space utilization activities at the ATR/BPN office of Probolinggo Regency. This study adopts an empirical research method with a conceptual approach by conducting interviews as a data collection technique, Against one of the employees of the ATR/BPN office of Probolinggo Regency, The results of this study are the implementation of Technical Considerations for Land related to the Approval of the Suitability of Business Space Utilization Activities running according to the Service Provision Guidelines, The obstacles include the applicant cannot be contacted, differences in the terms and conditions between the OSS system and the requirements for Technical Considerations for Land, lack of communication between the applicant and the ATR/BPN office of Probolinggo Regency. Keywords: Land Technical Considerations, business licensing, space utilization.

This research was motivated by the existence of a gold mining business managed by a group of communities in Tebing Batu Village, Sambas Regency. The mine has been established for a long time but some do not have environmental permits from either the Village Government or the District Government. Meanwhile, in Sambas Regency, there are laws and regulations governing environmental permits, namely Regent Regulation Number 18 of 2018 concerning Environmental Permits. The objectives of this study are twofold, namely: to determine the implementation of Regent Regulation Number 18 of 2018 concerning Environmental Permits for Gold Mining in Tebing Batu Village; and to assess the legal consequences of mining activities in Tebing Batu Village based on Sambas Regent Regulation Number 18 of 2018 concerning Environmental Permits. This research uses a descriptive method, namely research that uses an overview of the facts, nature, and relationships between the events studied. This type of research is qualitative which is field research. This research also includes empirical legal research that examines social issues in terms of laws and regulations, namely Sambas Regent Regulation No. 18 of 2018 concerning Environmental Permits. To obtain research data, researchers used interview and observation techniques. The findings of this study are that the implementation of Sambas Regent Regulation Number 18 of 2018 concerning Environmental Permits is still not optimal because there is a mining business that does not have a business license and is not yet required AMDAL where environmental permits are the initial instrument for issuing business permits. The legal consequence is that the mining business is actually not fit to operate because it does not have an environmental permit so that parties involved in the mining business can be subject to administrative and even criminal sanctions

Sukabumi Regency offered a very charming natural that attracted the eyes of tourists. Due to Sukabumi District's vast natural resources, local people recognised the term GURILAPS which stands for Mountain, Jungle, Sea, Beach and River. In addition, there are many popular natural resource-based tourism sites in Sukabumi District, especially Region 7 which consists of several sub-districts; Pabuaran, Sagaranten, Curug Kembar, Cidadap, Tegal Buled, and Cidolog which can be potential as tourism sites. However, these abundant natural resources have not been fully managed. Therefore, this study was conducted to determine the tourism potential of Sukabumi District. The method used was descriptive analysis. The results of the identification can be concluded that Sukabumi Regency has abundant resources, both natural and socio-cultural resources that can be used as tourism and have the potential to be developed.

BackgroundThe shifting baseline syndrome is a concept from ecology that can be analyzed in the context of ethnobotanical research. Evidence of shifting baseline syndrome can be found in studies dealing with intracultural variation of knowledge, when knowledge from different generations is compared and combined with information about changes in the environment and/or natural resources.MethodsWe reviewed 84 studies published between 1993 and 2012 that made comparisons of ethnobotanical knowledge according to different age classes. After analyzing these studies for evidence of the shifting baseline syndrome (lower knowledge levels in younger generations and mention of declining abundance of local natural resources), we searched within these studies for the use of the expressions “cultural erosion”, “loss of knowledge”, or “acculturation”.ResultsThe studies focused on different groups of plants (e.g. medicinal plants, foods, plants used for general purposes, or the uses of specific important species). More than half of all 84 studies (57%) mentioned a concern towards cultural erosion or knowledge loss; 54% of the studies showed evidence of the shifting baseline syndrome; and 37% of the studies did not provide any evidence of shifting baselines (intergenerational knowledge differences but no information available about the abundance of natural resources).Discussion and conclusionsThe general perception of knowledge loss among young people when comparing ethnobotanical repertoires among different age groups should be analyzed with caution. Changes in the landscape or in the abundance of plant resources may be associated with changes in ethnobotanical repertoires held by people of different age groups. Also, the relationship between the availability of resources and current plant use practices rely on a complexity of factors. Fluctuations in these variables can cause changes in the reference (baseline) of different generations and consequently be responsible for differences in intergenerational knowledge. Unraveling the complexity of changes in local knowledge systems in relation to environmental changes will allow the identification of more meaningful information for resource conservation.

The main purpose of this study is to describe and analyze the importance of online business investment activity reports through the Risk-Based Application of Business Licensing and to determine the impact of using the Risk-Based Application of Business Licensing at the Kotamobagu City One-Stop Investment and Integrated Services Office in submitting online business investment activity reports. The approach used in this research is a qualitative descriptive approach. The results showed that the Risk-Based Business Licensing Application is a system used by the Government of the Republic of Indonesia in this case the Ministry of Investment / Investment Coordinating Board of the Republic of Indonesia which aims to simplify and simplify the business licensing process. This system is known as the Online Single Submission Risk Based Approach which was introduced as part of licensing reform through the Job Creation Law (Law No. 11 of 2020). Business Licensing is now issued called the Business Identification Number or NIB, once issued it is used forever by business actors in carrying out their business activities. In the past, when taking care of business licensing, there was something called SITU (Business Place Permit), SIUP (Trade Business License), Hinderordonnantie (HO) or Nuisance Permit and TDP (Company Registration Certificate), all of these forms of business licenses have an expiration date and must be renewed every certain period of the year in accordance with the validity period. With the current business licensing system whose name is Business Identification Number (NIB), business actors no longer need to extend their business licenses because this business license is valid as long as business actors carry out their business activities, business actors are required to submit business activity developments, namely the Online Investment Activity Report (LKPM) through Online Single Submission of the Risk Based Aplication of Business Licensing (OSS-RBA). Investment Activity Report, hereinafter abbreviated as LKPM, is a report on the development of Investment realization and problems faced by Business Actors which must be made and submitted periodically. The purpose of LKPM Online Reporting is to monitor and evaluate the progress of investment realization carried out by the Company.

The coal mining sector is a key contributor to Indonesia’s economy, significantly impacting state revenue and exports. According to Law No. 3 of 2020, mining business licenses are divided into two categories: Mining Business License (IUP) for exploration and production, and Mining Services Business License (IUJP) for supporting services such as contracting, transportation, and technical operations. These license types create distinct operational characteristics and risk profiles, warranting comparative financial analysis. This study analyzes the financial performance of IUP and IUJP companies listed on the Indonesia Stock Exchange (IDX) from 2018 to 2024, focusing on liquidity, profitability, solvency, activity, and growth ratios. Using a quantitative approach with purposive sampling, six IUP and four IUJP companies with complete annual financial reports were examined. Data were analyzed through financial ratios and tested with normality, homogeneity, Mann–Whitney, and two-way ANOVA tests. The findings indicate significant differences in ROA, ROE, DER, DAR, ARTO, EPS, and PER between IUP and IUJP companies, reflecting disparities in capital efficiency, capital structure, and growth potential. In contrast, liquidity ratios (Current Ratio and Quick Ratio), asset efficiency (TATO), and inventory turnover (ITO) showed no significant differences, suggesting similar short-term solvency and asset management across the two groups. This study contributes theoretically by expanding the literature on financial performance in the mining sector based on license types. Practically, it offers guidance for investors in decision-making, supports management in financial strategy formulation, and provides regulators with insights for developing effective policies in the coal mining industry.

Transporting Mining Products without a permit is an activity that can be punished if you do not have a Document Permit or mining business permit (IUP) that is officially issued to a mining company, in accordance with Republic of Indonesia Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2020 2009 Concerning Mineral and Coal Mining. The Mining sector also has various challenges and debates related to environmental impacts, the rights of indigenous communities, and granting permits to Mining Companies. In Article 35 of Law no. 3 of 2020 explains that every mining business is required to have a business permit issued by the central government including business registration number, standard certificate and/or permits consisting of Mining Business Permit (IUP), Special Mining Business Permit (IUPK), Transport Services Business Permit ( IUJP), and Rock Mining Permit (SIPB) as a continuation of operations. Mining Business Permits (IUP) are mentioned in article 1 paragraph (7) of the Minerba Law. IUP consists of two stages of activities, namely exploration and production operations. Exploration must take priority before carrying out production operations. The problem is how to account for criminal acts of mining activities outside the mining business permit area in decision number: 203/Pid.Sus/2023/Pn.Bta and what are the judge's considerations in deciding cases of criminal acts of mining activities outside the mining business permit area in decision number: 203/Pid.Sus/2023/Pn.Bta. Legal research methods in this case are a science of how to conduct legal research in an orderly (systematic) manner. This research uses two approaches, namely the Normative Juridical and Empirical Juridical approaches. Secondary data is permitted through library research (Library Research) such as books, literature and scientific works related to research problems. Secondary data consists of 3 (three) legal materials, namely, primary, secondary and tertiary legal materials. Primary data can be obtained from the results of research in the field directly on the research object (Field Research) which is carried out through direct observation and interviews. Based on the research results obtained, it can be concluded that the defendant is legally and proven guilty of committing a criminal act and guilty of committing a criminal act of transporting coal that does not originate from the holder of a mining business permit (IUP), special mining business permit (IUPK), or permit as in the indictment. sole public prosecutor as regulated in article 161 of the Mineral and Coal Law which reads: every person who carries out mining without a permit shall be sentenced to imprisonment for a maximum of 5 years and a maximum of IDR. 100,000,000.00 (one hundred billion rupiah And thus the demands of the public prosecutor in decision number: 203/pid.sus/2023/PN.Bta with the defendant are lighter than the provisions of article 161 of the Mineral and Coal Law where the Public Prosecutor only demands that the defendant be 1 (one) year 3 months minus while the defendant was in detention with the order that the defendant remain detained and with Rp. 37,500,000,000 (thirty-seven billion five hundred million rupiah) subsidiary 1 (one) month. As well as the Judge's considerations in deciding the criminal act of mining activities outside the mining business permit area based on decision number: 203/pid.sus/2023/Pn.Bta The Panel of Judges decided and had a different opinion by only sentencing the defendant lighter than the Public Prosecutor's demand, namely 1 year 3 (three) months becomes imprisonment for 8 (eight) months and a fine of Rp. 37,500,000,000 (thirty-seven million five hundred million rupiah) provided that if the fine is not paid it will be replaced by imprisonment for 1 (one) month. The judge does not find anything that can eliminate criminal responsibility, either as a justification or excuse, so the defendant must be held accountable for his actions. The mitigating rights are that the defendant is polite in court, the defendant is frank and admits all the actions that the defendant committed, and the defendant is the breadwinner of the family and the defendant has never been convicted. To the public who wish to carry out activities related to and impacting the environment to be more careful and understand whether the activities carried out are criminal acts or not, for law enforcement by the Panel of Judges to be able to take more appropriate action regarding mining crimes outside the mining permit area so that they can cause harm. many parties and damage the environment, to the Panel of Judges to be more careful and thorough in deciding a case so that it is in accordance with the level of guilt of the defendant and the moral responsibility of the defendant, looking at the philosophical, sociological and juridical elements and the aggravating and mitigating factors, the Panel of Judges must provide The decision is considered to be very appropriate, so that the sentence imposed can fulfill a sense of justice for both the perpetrator and the State.

Purpose: This study aims to determine the effectiveness of the Simplification of Environmental Permits which are integrated into business permits through the OSS system. Methodology/approach: This study uses qualitative research methods by tending to use analysis that emphasizes the perspective of the subject. The theoretical basis is embedded as a guide so that the research focus can adjust to the facts on the ground. Results/findings: The Job Creation Law changes the context of environmental permits to environmental approvals. These changes have an impact on the context of environmental feasibility studies, both UKL-UPL and AMDAL. The implementation of the integration of environmental permits into business licenses becomes efficient through OSS. Conclusion: The integration of environmental permits into business licenses under the Job Creation Law simplifies the licensing process, reducing costs and time for businesses. However, this has raised concerns about limited community participation and the potential weakening of environmental protections. While the system aims to balance economic growth with sustainability, it reduces the role of environmental assessments, which may impact long-term environmental governance. Limitation: The limitation of this research is a description of the procedure for integrating environmental permits into business permits through OSS. Contribution: The results of this study are expected to be used as a reference by further researchers in order to develop an analysis of related themes.

This research examines the effectiveness of the implementation of OSS-RBA UMKM Licensing at the North Minahasa Regency Investment and One-Stop Integrated Services Service (DPMPTSP). The research objectives of this study are 1. To describe, analyze and interpret what is done by the One Stop Integrated Service Investment Service Office in implementing the Online Single Submission Risked Based Approach system in North Minahasa Regency, especially in the process of processing UMKM business permits 2. To describe analyzing and interpreting inhibiting factors in implementing the Online Single Submission Risked Based Approach system at the North Minahasa Regency One Stop Integrated Services Investment Service office in the UMKM business licensing process. The first research focus is on the effectiveness and efficiency of permit services through the OSS System and secondly on supporting factors and inhibiting factors for permit services through the OSS System. This research uses a qualitative approach method. The scope of this research is the investment office and one-stop integrated services in the M district. The research results in this study are that permit services through the OSS system are considered effective and efficient compared to the previous system. Where the OSS system offers innovations that solve existing problems in licensing services. About the OSS system, there are also supporting and inhibiting factors that exist and are related to business permit services. These factors support increased use of the OSS System itself and become inhibiting factors which encourage Regional and Central Governments to provide new strategies or improve the OSS System.