The State’s Right of Control Over Mineral and Coal Mining: Between Regulation and Welfare

DOI

10.2991/978-94-6239-785-9_52How to use a DOI?

Keywords

State’s Right of Control; Mineral and Coal Mining; Legal Policy; Public Welfare

Abstract

This study aims to analyze the regulation of the State’s Right of Control over mineral and coal mining within the Indonesian legal system, examine the state’s authority in its implementation, and formulate an ideal legal policy in line with constitutional mandates. The concept of the State’s Right of Control, as stipulated in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, affirms that the land, water, and natural resources contained therein shall be controlled by the state and utilized for the greatest prosperity of the people. However, in practice, the implementation of regulations in the mining sector still presents various challenges, including weak state oversight, the dominance of foreign companies, and the suboptimal realization of downstream processing. This research employs a normative juridical method with statutory and conceptual approaches, supported by qualitative analysis of secondary data. The findings indicate that although the legal framework governing the State’s Right of Control is relatively comprehensive, its implementation has not fully guaranteed the welfare of communities in mining regions. Therefore, the ideal legal policy should position the state not only as a regulator but also as the primary manager through state-owned and region-owned enterprises, restrict the dominance of foreign corporations, and ensure that all mining benefits are returned to the people through sustainable development and the improvement of local socio-economic welfare.

Copyright

© 2026 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - M S Benito Asdhie Kodiyat
PY  - 2026
DA  - 2026/10/07
TI  - The State’s Right of Control Over Mineral and Coal Mining: Between Regulation and Welfare
BT  - Proceedings of the UUM 13th International Legal Conference 2025 (UUMILC 2025)
PB  - Atlantis Press
SP  - 746
EP  - 757
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6239-785-9_52
DO  - 10.2991/978-94-6239-785-9_52
ID  - Kodiyat2026
ER  -