Background: Legal uncertainty in Indonesia’s mining sector has created challenges not only for business operations but also for the management, inheritance, and distribution of mining-related assets within families. This study examines how regulatory ambiguity affects asset division and inheritance under Islamic law.
Methods: This study employs a qualitative legal research approach through document analysis and case study review. Relevant legal sources include mining regulations, Government Regulation No. 25 of 2024, Presidential Regulation No. 77 of 2024, and Islamic inheritance law (fara'id). Data were analyzed using thematic analysis to identify legal inconsistencies and their implications.
Results: The findings reveal that unclear and inconsistent mining regulations contribute to disputes concerning ownership, control, and transfer of mining-related assets. These uncertainties complicate the implementation of Islamic inheritance principles and often trigger conflicts among heirs and family members.
Discussion: The separation between mining regulations and Islamic inheritance law creates legal ambiguity in family wealth management. The absence of an integrated regulatory framework limits legal certainty and hinders equitable asset distribution in inheritance and post-divorce settlements involving mining businesses.
Conclusion: Strengthening legal harmonization between mining law and Islamic inheritance law is essential to reduce disputes, improve legal certainty, and support fair asset distribution while maintaining business sustainability in the mining sector.
Novelty: This study offers an integrated analysis of mining law and Islamic inheritance law by demonstrating how legal uncertainty in the mining sector affects inheritance governance and family asset distribution in Indonesia.
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