Pemberian Izin Usaha Pertambangan bagi Organisasi Kemasyarakatan Keagamaan Perspektif Teori Keadilan dan Kemanfaatan Hukum

Abstract

The policy granting Mining Business Permits (IUP) to religious community organizations through a priority auction scheme has generated new legal concerns in the governance of the mining sector. The Constitutional Court’s Decision No. 77/PUU-XXII/2024 views this policy as an effort to broaden participation in natural resource management by allowing business entities owned by such organizations to compete. Nevertheless, unclear regulatory boundaries and weak supervisory mechanisms create risks of misuse in practice. This study examines the Court’s legal reasoning by employing Jeremy Bentham’s utilitarianism and John Rawls’ theory of justice within a normative juridical approach. The research finds a regulatory gap between the religious functions of these organizations and their potential role in commercial mining activities. The Court’s considerations tend to align with Bentham’s focus on promoting broader social and economic benefits. However, from Rawls’ perspective, the policy may lead to unequal distribution of advantages and open opportunities for certain groups to dominate natural resource management. Thus, while the decision seeks to enhance overall societal utility, it also raises concerns regarding constitutional prudence and distributive fairness. Additional implementing regulations and stronger oversight are needed to ensure its execution remains consistent with the principles of the rule of law.