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Analysis: Hasty Mining Law amendment expands access to concessions
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Members of the House of Representatives hold a plenary session at the legislative building in Senayan, Jakarta, in January 2020.
(JP/Dhoni Setiawan)
T
he House of Representatives passed on Feb. 18 the fourth amendment to Law No. 4/2009 on mineral and coal mining (UU Minerba) following a hasty deliberation during its recess to expand eligibility for mining concessions to include religious organizations, small and medium enterprises (SMEs) and cooperatives, which critics have said will benefit only those institutions with close government connections.
Legislation of the Mining Law amendment was mired in controversy, with critics questioning its legitimacy and transparency. The House Legislation Body (Baleg) first introduced the corresponding bill on Jan. 20 during a closed-door plenary session held while the House was in recess.
Baleg approved it just three days later as a House-initiated bill, even though it was not included in the 2025 National Legislation Program (Prolegnas). Under the legislature’s standard procedure, any bill proposed by the House must first be included in a Prolegnas prior to its deliberation by Baleg.
The House, the government and the Regional Representatives Council (DPD) formed a special working committee to expedite deliberation, with meetings extending into the late evening in the days leading up to the final vote. The bill was approved in a level-one meeting on Feb. 17, during which all House factions including the opposition Indonesian Democratic Party of Struggle (PDI-P) backed the bill, clearing the way for its passage on Feb. 18.
Lawmakers defended the rushed process, arguing that the amendment was urgently needed to implement Constitutional Court Decision No. 37/PUU-XIX/2021 issued on Sept. 29, 2022, which ruled that there were no constitutional barriers to mass organizations obtaining mining rights.
However, critics said this explanation muddied the issue even more, as Government Regulation No. 25/2024 already granted mining rights to religious organizations so amending the law was unnecessary.
The amended law reinforces provisions in Government Regulation No. 25/2024 by expanding mining rights for religious organizations, allowing them to obtain a mining business permit (IUP) to operate areas outside former concessions with coal contract of work (PKP2B).
