International Journal of Judicial Law  |  ISSN: 2583-6536  |  Double-Blind Peer Review  |  Open Access  |  CC BY 4.0

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     2026:5/5

International Journal of Judicial Law

ISSN: (Print) | 2583-6536 (Online) | Impact Factor: 8.09 | Open Access

Responsibilities of Mining Companies in the Relaxation of Mining Exports According to Indonesian Positive Law

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Abstract

This study aims to analyze the regulation of export relaxation of mining products in Indonesian positive law and examine the form of responsibility of mining companies in implementing this policy. This study uses a normative legal method with a statutory approach, which systematically examines primary and secondary legal materials. The results show that export relaxation is a dispensative and transitional administrative policy, which provides relaxation of the obligation to process and refine mining products. However, this policy creates normative ambiguity because it has the potential to conflict with imperative legal norms, thus impacting legal certainty and regulatory consistency. Mining companies' responsibilities under export relaxation remain fully attached, encompassing administrative, civil, and criminal responsibilities. Relaxation does not eliminate the company's legal obligations, but only provides limited leniency in their implementation. The implications of the relaxation policy indicate a potential weakening of the enforcement of legal obligations, particularly regarding downstreaming, environmental protection, and state revenue. Therefore, strengthening regulations, supervision, and law enforcement is needed to ensure that the relaxation policy remains within the corridor of the principles of the rule of law and in line with the goal of managing natural resources for the greatest prosperity of the people.

How to Cite This Article

Muhammad Fahri Usman, Salim HS, Muhammad Sood (2026). Responsibilities of Mining Companies in the Relaxation of Mining Exports According to Indonesian Positive Law . International Journal of Judicial Law (IJJL), 5(5), 51-66. DOI: https://doi.org/10.54660/IJJL.2026.5.5.51-66

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