Mining Business Research Articles

Analysis of Unlawful Acts in the Revocation of Nickel Mining Business Licenses

The large number of miners carrying out nickel mining activities in Indonesia is one of the reasons why many investors from within and outside the country invest in Indonesia, because of the urge to gain as much profit as possible. However, there are quite a few miners who do not fulfill the formal legal aspects, or carry out mining activities that violate the law. Based on this, the government conducted an evaluation by increasing supervision accompanied by imposing sanctions on miners who violate laws and regulations. The research method in this study is normative juridical by analyzing library materials, to conduct studies and analyzes in order to obtain alternative legal solutions for the analysis of unlawful acts in the revocation of nickel mining business licenses. The results of this study are that first, unlawful acts (PMH) are a legal concept that exists in civil law but are related to State Administrative Decisions, when the State Administrative Decision is detrimental to a person or legal entity in a civil manner. In fact, PMH is currently often used as an argument for plaintiffs in the State Administrative Court (PTUN). Second, PMH carried out by the government in revoking nickel mining business licenses in fact occurred in the revocation of nickel IUPs in several companies, precisely in 2022.

The Government Liability for Environmental Damage Caused by Mining

Indonesia is rich in natural resources that can be utilized for development purposes and generate profits. One of the natural resources that can provide benefits is the mining sector. However, ironically, in addition to generating profits, mining businesses can also cause losses in the form of damage/pollution to the environment around the mine. This type of research is normative research that includes various approaches, research specifications, data collection methods, and data analysis techniques. In this study, a normative approach was used with the aim of analyzing various legal regulations related to mining cases in Indonesia, both those applicable nationally and regionally. The results of the study indicate that mining activities can damage the surrounding environment and deplete natural resources. Conflicts of interest between mining companies, the government, and indigenous peoples are another factor causing social unrest. As a result, adequate government regulations are needed to control mining activities, including operating permit requirements, environmental responsibility, and supervision. To ensure that the community can benefit from mining activities, the government must also focus on regional economic development and education initiatives.

LEGAL LIABILITY FOR UNAUTHORIZED MINING CRIMES (CASE STUDY OF BANDUNG HIGH COURT DECISION NUMBER 91/PID.SUS/2023/PT BDG)

This research aims to examine how regulations concerning Mining Permits for People (Izin Pertambangan Rakyat/IPR) are viewed from a legislative perspective and to analyze the legal considerations of judges when imposing criminal sentences on perpetrators of illegal mining based on Bandung High Court Decision Number 91/Pid.Sus/2023/PT BDG. The research methodology used is normative juridical research, which involves the analysis of secondary data or literature. The findings of this research are as follows: First, permits for mining activities in People’s Mining Areas (Wilayah Pertambangan Rakyat/WPR) with limited area and investment are known as People’s Mining Permits (IPR). Law No. 03 of 2020, which amends Law No. 04 of 2009 on Mineral and Coal Mining, and Government Regulation No. 25 of 2024, which amends Government Regulation No. 96 of 2021 on the Implementation of Mineral and Coal Mining Business Activities, include provisions on People’s Mining, as well as procedures and requirements for obtaining a People’s Mining Permit. Criminal sanctions and further penalties apply to those engaging in mining activities without authorization. Article 158 and Article 164 of Law No. 03 of 2020 concerning the Amendment to Law No. 04 of 2009 on Mineral and Coal Mining contain these provisions. Second, the appeal was based on the fact that the panel of judges at the first level failed to carefully analyze the objections and misinterpreted the indictment articles based on the defense notes and evidence presented by the defendants. Article 158 of Law No. 03 of 2020, in conjunction with Article 55 Paragraph (1) of the Indonesian Penal Code, was a significant consideration for the judges in evaluating the first alternative indictment. According to the judges, this indictment was appropriate and accurate. Concerning the second indictment, Article 107(a) of Law No. 39 of 2014 on Plantations, in conjunction with Article 55 Paragraph (1) of the Penal Code, the High Court Judge stated that the Cibadak District Court Decision Number 365/Pid.Sus/2022/PN Cbd was not entirely accurate. The author argues that in interpreting and establishing Article 158 of Law No. 3 of 2020, which amends Law No. 4 of 2009 on Mineral and Coal Mining, the Public Prosecutor’s demands and the content of the indictment were incorrect.

Perencanaan Biaya Tahun 2025 pada Kegiatan Reklamasi di Banko Barat PT Bukit Asam Tbk Tanjung Enim Sumatera Selatan

Based on Law no. 3 of 2020 article 140 concerning Mineral and Coal Mining which states that "Every holder of a Mining Business Permit (IUP) and Special Mining Business Permit (IUPK) is required to submit a reclamation plan and post-mining plan when applying for a Production Operation IUP or Production Operation IUPK as basis for placing reclamation guarantees. The aim of this research is to calculate the direct and indirect costs required for PT Bukit Asam's reclamation plan. The research method used in this research is using activities in the form of visits and direct observations in the field and also collecting articles as support. Direct costs include recountouring costs, revegetation costs and maintenance costs, which are planned at Rp. 12,889,010,229. Meanwhile for indirect costs, the amount is determined from the indirect cost graph, the plan is Rp. 3,054,695,424, so the total cost of the reclamation plan for the West Banko Pit is Rp. 15,943. ,705,653 with an escalation calculation of 5.51%, it becomes IDR 19,758,945,354.

Technopolitics of fear: managing emotions about infrastructural collapse at a mining business conference

ABSTRACT Despite the regular occurrence of disasters such as infrastructural collapse and massive pollution, the mining industry has failed to introduce substantive innovations in waste management. In this paper, we explore a key factor behind such reluctance, which we have called a technopolitics of fear. Based on a science and technology studies framework, such technopolitics will be understood as a complex assemblage of affects, practices, and technologies with its governing logic and producing multiple effects. To explore the contours of such technopolitics we analyze a business conference of the mining industry occurring in Chile in 2019. Emerging first as an emotional outpour, the uncertainty caused by recent mining waste disasters was turned into something much more productive; first as “sound” economic valuations and then as conventional techno-fixes. In the conclusions, we will speculate about alternative ways in which the mining industry could truly enact the radical transformations needed to keep practicing extraction in vulnerable worlds.

DAMPAK KEBIJAKAN PERTAMBANGAN TERHADAP KETAHANAN MASYARAKAT DESA (Studi Kasus Desa Sanggula Kecamatan Moramo Utara Kabupaten Konawe Selatan)

This study aims to determine the IMPACT OF MINING POLICY ON VILLAGE COMMUNITY RESILIENCE (Case Study of Sanggula Village, North Moramo District, South Konawe Regency). The method uses a qualitative approach and is analyzed thematically to identify patterns and themes that emerge related to the impact of mining on community resilience. The results of the study show that the economic impact of mining in Sanggula Village is not evenly distributed in the local community. Although the overall income of the community has increased, the distribution of benefits has not improved the welfare of the local community. Most of the benefits are only enjoyed by a handful of groups, while most people only experience negative impacts such as damage to agricultural land and sources of livelihood. Mining policies need to consider the survival of local communities in North Moramo so that their standard of living is better than before the mining business permit.

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.

Legal Review of Procedures for Granting Rock Mining Business Permits

This research is motivated by the granting of mining permits originally granted by the Central Government, with the issuance of Presidential Decree Number 55 of 2022 concerning the Delegation of Granting of Business Licensing in the Mineral and Coal Mining Sector, some mining permits are granted by the Central Government to the Provincial Government, but only limited to the granting of Mining Business Permits (IUP) for non-metallic mineral groups, certain types of non-metallic minerals, and rocks. The legal research method used in this research is normative juridical research which is research that is carried out or aimed only at written regulations with a descriptive analytical research nature which is a method that functions to describe or provide an overview of the object being studied. The data source used is secondary data with quantitative data analysis. The results of this study are: The Procedure for Rock Mining Business Permits is carried out by means of an application to the regent or mayor if the mining area is in a district or city, to the governor if the mining area is across district or city borders, to the minister if the mining area is in a cross-provincial border area. The procedures carried out in the procedures for rock mining permits are the determination of the mining area carried out by authorized officials, determination of mining business areas, mining business permits, regulation of mining permits if there is a violation of mining permits. Supervision of Rock Mining Activities After Obtaining a Business Permit in the Mining Sector, it is carried out by the ESDM Service where the mining permit is located. Settlement of Rock Mining Permit Disputes can be carried out through a non-adjudication process.

Qualitative Analysis of Corruption in Mining and Its Impact on Sustainable Development

State management and oversight of natural resources is a constitutionally mandated responsibility. However, the mining extractive industry is often plagued by corruption, which hinders sustainable development efforts. This research investigates corruption within the mining extractive industry, focusing on cases related to mining business permits (IUP). Using a qualitative approach through a literature review, the study analyzes various corruption cases in the issuance of mining permits and examines relevant laws and regulations. The findings reveal that Indonesian mining regulations, grounded in the 1945 Constitution, mandate that natural resources be managed for public welfare. Law Number 4 of 2009 on Mineral and Coal Mining replaces the previous contract system with more transparent mining business permits overseen by both central and regional governments. This research underscores the need for regulatory improvements and a clearer delineation of authority to optimize natural resource management and prevent corrupt practices that undermine sustainable development efforts in Indonesia.

Dilemma of Licensing Mining Business Activities by Community Organizations in Indonesia Between State, Society, and Human Rights

The presence of Government Regulation of the Republic of Indonesia Number 25 of 2024 Article 83A paragraph (1) confirms that religious community organizations WIUPK is offered on a priority basis to businesses owned by religious community organizations. Mining activities often cause harm and even make the surrounding community a victim of mining. The incompatibility between the management of mining activities and the principle of "Ormas" which should be a non-profit organization, is also a big question in the midst of society because religious mass organizations that should be oriented toward the benefit of the community are now collapsing their values. This leads to dilemmas and problems in applying regulations that provide different opportunities for community organizations. This research applies normative juridical research methods with statutory, conceptual, and historical approaches. Community organizations, which in this case are business entities in mining, should be able to take advantage of their position to stay focused on providing services and security for the community. Instead of just making a profit. The provisions of PP No. 25 of 2024 Article 83A paragraph (1) need to be followed by clear provisions so that community organizations in the mining world do not exacerbate the situation but can instead be used to improve the safety of the community.

Perlindungan Hukum Terhadap Masyarakat Di Wilayah Pertambangan Dalam Penyelesaian Sengketa Pengelolaan Lingkungan Hidup

Mining activities that are increasingly uncontrolled have various impacts on the community and life around the mine, including; Environmental damage, high levels of pollution (soil, water and air), also cause disruption to the wider community in the form of damage to houses and public facilities. This research aims to determine the form of legal protection for communities in mining areas who suffer losses related to mining activities, as well as to determine dispute resolution in the form of demands for compensation from communities around mining locations. The research method uses normative research methods with a statutory approach, conceptual approach and case approach. Apart from that, empirical research is also used to see the reality that occurs in the field. The results of the research show that the legal implications regarding the protection of communities in mining areas in environmental management are problematic in their resolution due to the government's indifference and also regarding the compensation provided by mining business actors. The responsibility for restoring mining land is the responsibility of business actors as an obligation to restore the social and economic environment as a result of the impact of mining activities on communities in mining areas.

Problematika Hukum Kewenangan Pejabat Pengawas Lingkungan Hidup Dalam Penegakan Hukum Lingkungan Di Bidang Pertambangan

Mining activities are closely related to society and the environment because every mining business must maintain the continuity of the carrying capacity and capacity of the environment. Environmental supervisory officials are obliged to supervise compliance with the person responsible for business and/or activities carried out based on statutory regulations in the field of environmental protection and management. This research aims to determine the authority of environmental supervisory officials in enforcing environmental law in the mining sector. This research uses normative research methods with a statutory approach, conceptual approach and case approach. Apart from that, empirical research methods are also used so that we can get results regarding the authority of environmental supervisory officials in enforcing laws in the mining sector. The process of enforcing environmental law in the mining sector must be implemented from the stage of the process of fulfilling environmental permits and AMDAL studies, then planning, implementation and supervision, both at the exploration, production and post-mining stages. Enforcement of environmental law carried out by environmental supervisory officials in the mining sector signals to business actors to address the recovery of the social and economic environment as a result of a mining business activity located in the local government area. Environmental supervisory officials in law enforcement in the mining sector must carry out their duties and obligations in accordance with applicable laws.

Business on Nickel Downstreaming with China and European Union Lawsuits

That the downstream nickel business between Indonesia and China aims to obtain maximum profits for the welfare of the Indonesian people, which is based on legal regulations issued by the Indonesian government. As Chinese companies are building purification and processing plants or nickel smelters in Indonesia with a large investment value, the Indonesian government obtains a substantial advantage from the export through the export of domestically processed nickel. Also, Indonesian and Chinese companies both benefit from having a nickel smelter or refining and processing factory in Indonesia. These advantages encompass Chinese investment in Indonesia, job creation in Indonesia, and increased export outcomes. However, this development has raised concerns in the European Union, primarily because Indonesia recently banned the export of nickel ore. Instead, Indonesia has encouraged the domestic processing of nickel ore to add value to nickel products. Indonesia as one of the world’s largest nickel producers has regulations in terms of nickel exports. This is stated in the Regulation of the Minister of Energy and Mineral Resources Number 11 of 2019 concerning the Second Amendment to the Regulation of the Minister of Energy and Mineral Resources Number 25 of 2018 concerning the Business of Mineral and Coal Mining. In this regulation, Indonesia imposes a ban on the export of nickel ore. Related to this ban, the European Union also reacted by filing a lawsuit filed at the World Trade Organization (WTO). Based on the Constitution, the welfare of the Indonesian people is the main goal through the management of natural resources, so outside parties or other countries cannot intervene.

Visualisasi Sebaran Wilayah Usaha Izin Pertambangan Aktif Mineral Bukan Logam di Provinsi Sumatera Barat Berbasis WebGIS

West Sumatra Province is an area that has vast and very rich mining potential. However, focusing on the field, of course there are still many mining obstacles that need to be fixed. An example of the problem is, the ESDM Service has a central information system in the form of spatial data and others, the existing system was previously built for the company as a self-service. The regional ESDM does not have access to manage and register licensed companies to the Center system. This study aims to implement visualization of the distribution of active non-metallic mineral mining permit business areas in West Sumatra Province based on WebGIS. This type of research uses the Research and Development method. This method is used to produce certain products after analyzing the needs and testing the effectiveness of the product to see if the product works. The data used for visualization is the Mining Business Permit Area (WIUP) data for West Sumatra Province. The data analysis technique uses the waterfall technique and functionality testing of the product. The results of this study are to produce a digital product in the form of WebGIS distribution of active non-metallic mineral mining permit business areas in West Sumatra Province. The conclusion in this study is the implementation of WebGIS for the distribution of active mining permit business areas in West Sumatra Province and has proven to work well as evidenced by the functionality accuracy test.

The application of lean six sigma to improve mining transportation overall vehicle effectiveness (MTOVE): a case study in mining company

Purpose The purpose of this paper is to present a case study the application of lean six sigma combined with mining transportation overall vehicle effectiveness (MTOVE) to improve mining transportation performance. MTOVE is a newly developed model to measure the overall effectiveness of mining transportation. Design/methodology/approach The method used is case study combines the MTOVE and LSS methodologies. Data were collected from the hauling operation during a three-month period. Various lean six-sigma tools, such as the Pareto chart, ANOVA, two sample t-tests, one sample t-test, cause-and-effect analysis and time study, have been used. Findings The case study resulted in improvement of vehicle overall effectiveness; a 35% increase in MTOVE value, a 17% improvement in productivity and a 9% increment in truck utilization. Statistical tests confirmed the significance of reducing the mean and variation in the hauling process cycle time, which led to productivity improvement. Research limitations/implications This study provides practitioners with additional quantitative evidence of the potential benefits of LSS methods in the coal mining industry. Practical implications This paper practically and unquestionably has contributed to the LSS body of knowledge focused on the mining sector, which is recently still far behind the manufacturing sector. The study has demonstrated that some challenges in the mining environment can be solved through the effective implementation of LSS tools. Hence, this paper could be used as a reference for both researchers and practitioners. Social implications The study contributes in the field of LSS spread in mining industries using a case study. This study shows practical evidence of improving overall vehicle effectiveness using LSS. Practitioners can refer to this study to understand the benefits of LSS in mining sector. Since the mining industry should also adopt the LSS principle into the mining business process due to its ability to improve business performance (Valente et al., 2020; Tupamahu et al., 2019; Zanon et al., 2021). Originality/value There has been little scientific study of the LSS implementation in the mining industry. This research provides detailed evidence of LSS implementation in the mining sector. The main contribution is the implementation framework, which shows the combination of newly developed indicators (MTOVE and LSS) to enhance hauling operation effectiveness. This paper demonstrates how LSS tools and methods can be applied in the mining transportation industry.

Tinjauan Hukum Pidana Islam Terhadap Penambangan Pasir Ilegal Untuk Bahan Pembangunan Proyek Di Pasaman Barat

The sand mining activities taking place in West Pasaman, specifically in the Paku River area, Kinali Nagari, Kinali District, are unauthorized or illegal mining activities carried out by several parties. The consequences of this mining have led to environmental damage, prompting local residents to report the matter to the West Pasaman District Police for legal action. This study aims to examine Islamic criminal law related to illegal sand mining used for construction projects in West Pasaman. The method used in this research is empirical juridical research using primary and secondary data. Factors that contribute to illegal sand mining in the Paku River area, Kinali Nagari, Kinali District, West Pasaman Regency include economic needs, demand for building materials, lack of supervision and legal socialization on mining, and the difficulty of obtaining people's mining licenses (IPR) or special mining business permits (IUPK). The results of the study show that illegal mining is regulated under Law No. 3 of 2020, specifically in Articles 158 to 164. Unauthorized sand mining is regulated in Articles 158 to 164 of Law No. 4 of 2009. From the perspective of Islamic criminal law, illegal sand mining that causes environmental damage is considered a prohibited act (jarimah), as explained in Surah Al-Baqarah 205, which emphasizes that humans have a responsibility to manage and utilize natural resources wisely to achieve prosperity and to protect the environment in all contexts.

The Constitutionality of Special Mining Business Permit (IUPK) Application to Community Organisations in Indonesia

The management of natural resources, including minerals and coal, is governed by the principle that these resources are controlled by the state and used as much as possible for the prosperity of the people, the constitutionality of Article 33 Section (3) of the 1945 Constitution of the Republic of Indonesia (1945 Constitution). This principle places the state as the main manager responsible for fair and sustainable exploitation. A Special Mining Business Permit (IUPK) is a license that allows certain parties to manage mining in a certain area, regulated in Law Section 4 of 2009 and its derivative regulations. The decision of Muhammadiyah and Nahdlatul Ulama (NU) to be involved in mining has significant economic, social, and environmental implications. Its economy can increase organizational income, create jobs, and support social programs; its social strengthens the role of the organization in positive change by promoting fair work standards; However, environmental challenges require strict standards to prevent damage. The granting of mining permits is regulated in Government Regulation (PP) No. 25 of 2024, which aims to provide financial independence for religious organizations. However, strict monitoring is needed to mitigate negative impacts such as pollution, social change, and health impacts. From a constitutional perspective, licensing must adhere to the principles of social justice, transparency, and environmental protection to ensure fair and sustainable benefits for society.

Pengembangan Digitalisasi Inventaris Berbasis Web Untuk Meningkatkan Manajemen Aset Tetap Pada PT ANTAM Tbk UBPE Pongkor

PT Aneka Tambang (ANTAM) Tbk. operates several business units, including the Pongkor Gold Mining Business Unit (UBPE Pongkor). Currently, UBPE Pongkor relies on the SAP (System Application and Products) system and manual reconciliation for fixed asset management. The current system, relying on SAP and manual reconciliation, lacks automated tracking of physical location, asset ownership, and depreciation calculations. To optimize fixed asset management, ANTAM is implementing a QR-Code-based system for asset identification. This research aims to investigate how a digital inventory system can enhance the company's efficiency, accuracy, and operational performance. Specifically, it evaluates the effectiveness of inventory and asset reconciliation activities to ensure data consistency between the system and physical conditions in the field. The research employs a qualitative approach using a descriptive method with data collection techniques of observation, interviews, and documentation. Additionally, it utilizes the Waterfall development methodology. The findings of this research project report indicate that the fixed asset management through digital inventory at PT ANTAM Tbk. UBPE Pongkor operates effectively and aligns with the overall operational process. This includes system planning, system design, implementation, system development, testing, system compatibility testing, and usage and maintenance phases.

Effectiveness of regional government authority regarding mining business permits post presidential decree number 55 of 2022 concerning mineral and coal mining management

Effectiveness of regional government authority regarding mining business permits post presidential decree number 55 of 2022 concerning mineral and coal mining management

Urgensi Pemberian Izin Pengelolaan Tambang bagi Organisasi Kemasyarakatan "Keagamaan" di Indonesia: Analisis Regulasi dalam PP Nomor 25 Tahun 2024

Government Regulation No. 25/2024 on the Amendment to Government Regulation No. 96/2021 on the Implementation of Mineral and Coal Mining Business Activities has sparked heated debate in Indonesia. One of the controversial points is the provision that allows religious community organizations to obtain mining business licenses, which is contrary to Law No. 3 of 2020 concerning Mineral and Coal Mining. The writing of this research uses normative legal research methods that emphasize in-depth study of laws and regulations that exist in society. This research was conducted to find out how the form of decisions on mass organizations that apply for licenses in PP No. 25 of 2024 and how efforts to apply for WIUPK by mass organizations according to PP No. 25 of 2024 and Law No. 3 of 2020. The research that will be outlined in the form of this article is entitled "The Urgency of Granting Mining Management Permits for "Religious" Mass Organizations in Indonesia: Regulatory Analysis in Government Regulation Number 25 of 2024" aims to examine these provisions in depth. This journal will analyze the urgency of granting mining permits for religious mass organizations, with an emphasis on the regulatory aspects contained in PP No. 25 of 2024.