{
    "success": true,
    "data": {
        "id": 1863556,
        "msgid": "constitutional-court-mining-permits-must-not-erode-universities-oversight-function-1784202836",
        "date": "2026-07-16 18:21:27",
        "title": "Constitutional Court: Mining Permits Must Not Erode Universities' Oversight Function",
        "author": "",
        "source": "CNN_ID",
        "tags": "",
        "topic": "Legal",
        "summary": "Indonesia's Constitutional Court has warned that granting mining permits to universities must not compromise the independence of the academic community or their role in environmental oversight. The ruling, which partially granted a judicial review of the Mining Law, stipulates that campus involvement in mining must align with the 'Tri Dharma' mission of education, research, and community service. The court also emphasised that the priority permit mechanism must be objective, transparent, and not misused as a direct appointment.",
        "content": "<p>The Constitutional Court (MK) has issued a warning to universities\nobtaining priority mineral and coal mining permits (IUP) not to lose the\ncontrol function of the academic community in safeguarding environmental\nsustainability in Indonesia. The warning is contained in Constitutional\nCourt Decision Number: 160\/PUU-XXIII\/2025, which was petitioned by\nseveral individuals and two students challenging Law Number 2 of 2025\nconcerning the Fourth Amendment to Law Number 4 of 2009 on Mineral and\nCoal Mining (Minerba Law). The MK explained that the 1945 Constitution\nof the Republic of Indonesia does not prohibit universities from\nengaging in profit-oriented activities, as this is intended to support\noperational costs that are not fully covered by the state. Nevertheless,\nthe MK stressed that granting such permits must not sacrifice the\nindependence of the academic community. \u2018In this context, such\ninvolvement must remain within the framework of implementing the Tri\nDharma of Higher Education, namely to strengthen the mission of\neducation, research, and community service, rather than direct\ninvolvement as managers of mineral and coal businesses,\u2019 said\nConstitutional Justice Enny Nurbaningsih in her legal considerations on\nThursday (16\/7). If a university is directly involved as a manager, it\nwill lose its strategic position as an institution that upholds the\nnation\u2019s morals. The MK also affirmed that the granting of IUPs must not\nbecome a trap for universities that results in weakened control and\nsupervision of environmental sustainability. \u2018Furthermore, in\nmaintaining the spirit of university independence, it is important for\nthe Court to remind that the opening of opportunities regulated in the a\nquo norms must not become a trap for universities that results in the\nparalysis of their role as one of the front-line guardians of\nenvironmental preservation,\u2019 she stressed. The petitioners challenged\nthe constitutionality of Articles 51, 60, and 75 concerning priority and\nauction rules for mining areas in the Minerba Law. The MK partially\ngranted the petition. The articles under review contain provisions\nregarding the granting of mineral or coal mining permit areas to private\nentities through an auction or priority mechanism. The petitioners\nquestioned the phrase \u2018by way of priority\u2019, which they considered open\nto misinterpretation. Following the MK\u2019s ruling, the wording of these\narticles has been changed so that the phrase \u2018by way of priority\u2019 must\nbe assessed through an objective, transparent, and accountable\nmechanism. Furthermore, the phrase must not be misinterpreted as a form\nof direct appointment.<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/constitutional-court-mining-permits-must-not-erode-universities-oversight-function-1784202836",
        "image": ""
    },
    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
}