P058 Mining Licences for Religious Community Organisations and its Relevance to Environmental Crisis in Islamic Perspective

Abstract

Mining licences granted by the government to religious mass organisations are intended to provide equal opportunities and justice in the management of natural resources, which seems difficult to realise, considering that the eligious mass organisations receiving the licences have the potential to inherit environmental damage and social conflicts. In the perspective of legal politics, the granting of mining licences to mass organisations has also not been based on logical considerations for environmentally safe mining management. Mining management requires expertise in both resources and technology so as not to damage the environment. Therefore, the regulation should not be taken because of interest considerations, but should be in accordance with the correct philosophical basis. This paper aims to analyse the granting of licences to religious mass organisations as well as formulate how mining governance in an Islamic perspective. The research method used is doctrinal research using statutory approaches, theories and concessions related to the issues raised. The results show that the granting of licences to religious mass organisations raises pros and cons in the community, even though it has been legitimised through Government Regulation Number 25 of 2024 which is based on Article 6 paragraph (1) letter j of Law Number 3 of 2020 on the amendment to Law Number 4 of 2009 concerning minerals and coal. The granting of this licences is not in line with the spirit of restoring environmental functions due to the negative impacts of mining. In the Islamic perspective, minerals and coal are unlimited mining goods so they are categorised as public ownership. Thus, the management of minerals and coal should not be left to the private sector, including in this case religious organisations. Mining governance is carried out by the state, the results of which must be returned to meet the needs of the community in the form of energy (electricity and fuel), education, health and other public needs.