This study analyzes shifting norms in Indonesian mining law, focusing on the phrases "and/or" in Article 96 and "guaranteed" in Article 169A paragraph (1) of Law no. 3 of 2020 Minerba. Using a normative method with a statutory approach and historical interpretation, it finds that "and/or" offers flexibility for mining companies in choosing reclamation or post-mining activities, while "guaranteed" is replaced with "can be given," implying stricter conditions for operating permit extensions. This research underscores a redefined responsibility framework, emphasizing adaptability and stringent criteria in mining operations.
Highlights :
Flexibility in Activity Choice: "And/or" offers mining companies the flexibility to choose between reclamation and post-mining activities, enhancing efficiency.
Stricter Permit Conditions: "Guaranteed" replaced with "can be given" implies stricter terms for operating permit extensions, ensuring compliance.
Redefined Responsibility Framework: The study reveals a redefined framework emphasizing adaptability and stringent criteria in Indonesian mining law.
Keywords: Indonesian mining law, shifting norms, responsibility, reclamation, operating permits