The purpose of this paper is to analyze the Legis Ratio in the regulation of Ministerial Regulations in Article 8 of Law 12 of 2011 concerning Formation of Regulations and Regulations as amended by Law 15 of 2019 concerning Amendments to Law 12 of 2011 concerning Formation of Regulations. This research is normative legal research with a philosophical approach, conceptual approach, comparative law, and historical approach. The legal materials used are primary, secondary, and tertiary legal materials. basic norms and laws and regulations, while secondary sources include new and current scientific knowledge which includes books, research reports, journals, magazines Tertiary sources namely black law dictionary, abstracts and other tertiary sources Analysis of legal material is carried out with descriptive perspective. The results showed that the regulation of Ministerial Regulations departs from the desire to re-regulate clearly the existence of Ministerial Regulations previously stated in the Explanation of Law 10 of 2004 concerning Formation of Legislation so that the existence of Ministerial Regulations has stronger legal legitimacy in the legislation system Indonesia. The Ministerial Regulation provides the legal basis for the Minister to form laws and regulations in their respective fields as an assistant to the President in carrying out governmental power.

Indonesian mining law has decided to adopt bankruptcy as a tool of power to control mining business in Indonesia. Under article 119 Act number 4 year 2009 states that government has the authority to withdraw mining licenses in the event of bankruptcy. In this law states in this cases is government exercises its power by utilizing bankruptcy system. But bankruptcy is not regulations that stand alone; it is a system that has been built through principles of law and constitutional process. Furthermore, bankruptcy system has clearly states that in order to protect the right of creditors an d debtor (both parties are identified as citizens) the existence of principle of continuation of business is clearly taken in the article 104 Act number 37 year 2004. The law ensures that the debtor that has been declared as bankrupt has the right under the approval of the board of creditor to be operated in order to open the possibility of acquiring payment through business operation and also to be able to pay debtor obligation to society and to the state. The contradiction of Indonesian mining law and Indonesian Bankruptcy law is clearly seen. This paper is aimed to address that the principles of law and constitutional rights has heavily chosen its side to bankruptcy law other than mining law.