Overlapping Authority Between BPN and Ministry of Energy and Resources in Issuing Certificates of Right of use and Mining Business Permits

Authors

  • Nurohmah Rosia Ningrum Universitas Pelita Harapan

DOI:

https://doi.org/10.58258/jisip.v10i1.9905

Keywords:

BPN, ESDM, land rights, mining business permit, Clear and Clean (CnC).

Abstract

The overlapping authority between the National Land Agency (BPN) and the Ministry of Energy and Mineral Resources (ESDM) remains a persistent issue in Indonesia’s legal system, particularly regarding the issuance of land use certificates (SHP) and mining business permits (IUP). The inconsistency between the Basic Agrarian Law (UUPA) of 1960 and Law No. 4/2009 jo. Law No. 3/2020 on Mineral and Coal Mining (Minerba Law) has resulted in legal uncertainty and conflicts between land and mining rights. This study employs a normative juridical method through statutory, conceptual, and case approaches, with Bandung High Court Decision No. 116/PDT/2020/PT BDG as its primary source. The findings reveal that a mining business permit cannot nullify existing land rights, and every IUP holder must first settle land ownership status before conducting mining operations. The hierarchy of laws places the UUPA as the superior legal norm, while the Minerba Law serves as a sectoral regulation subject to the principle of lex superior derogat legi inferiori.
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Published

2026-01-01

Issue

Vol. 10 No. 1 (2026): JISIP (Jurnal Ilmu Sosial dan Pendidikan) (Januari)

Section

Articles

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How to Cite

Overlapping Authority Between BPN and Ministry of Energy and Resources in Issuing Certificates of Right of use and Mining Business Permits. (2026). JISIP (Jurnal Ilmu Sosial Dan Pendidikan), 10(1), 261-266. https://doi.org/10.58258/jisip.v10i1.9905