Legal Uncertainty in Indonesia's Mining Sector: Impact on Business, Inheritance,and Asset Division Challenges

Abstract

Background: The mining sector in Indonesia plays a crucial role in the national economy but is plagued by legal uncertainty, which significantly impacts both the industry and families involved in mining businesses. This study investigates how the legal complexities in the mining sector affect asset division and inheritance under Islamic family law, particularly focusing on the implications of legal uncertainty in the sector.

Methods: This qualitative research uses a combination of document analysis and case studies to explore the intersection of mining law and Islamic family law. The study examines key regulations, including Government Regulation No. 25 of 2024 and Presidential Regulation No. 77 of 2024, and how these legal frameworks influence family law, especially in matters of asset distribution, inheritance, and divorce.

Results: The research reveals that legal uncertainty in the mining sector exacerbates family conflicts, especially in terms of asset management and inheritance. The lack of clear and consistent legal guidelines results in disputes over the distribution of mining-related assets, which complicates the application of Islamic family law principles such as inheritance (fara’id) and division of property in divorce.

Discussion: The findings highlight the need for an integrated legal approach that combines mining regulations with Islamic family law. This would ensure that asset distribution and inheritance practices align with Islamic principles while addressing the complexities of the modern mining industry.

Conclusion: Addressing the legal uncertainty in Indonesia's mining sector is crucial for ensuring that Islamic family law principles, such as fair inheritance and asset division, are upheld. A clear, comprehensive regulatory framework would mitigate conflicts and promote justice in the mining-related family matters.

Novelty: This study offers a unique perspective on the intersection of mining law and Islamic family law in Indonesia, emphasizing the need for a harmonized legal approach to ensure the fair distribution of assets within families involved in the mining sector.