The purpose of establishing these rules is to provide an effective and efficient licensing issuance process. However, in practice, cases of cancellation of the Decree of the Head of BKPM were found on the ownership of the IUP Operasi Produksi of PT. Emas Mineral Murni based on the decision of the Supreme Court. This is of course detrimental to investors even though Article 46 of UU No. 4 Tahun 2009 states that the state guarantees an increase in the stage of IUP Eksplorasi to IUP Operasi Produksi.
Based on these problems, it is necessary to analyze the granting of business permits in mineral and coal mining activities and how to guarantee the IUP owned by PT. Emas Mineral Murni. The method used in this research is normative juridical with analytical descriptive analysis. The results of the research is that the licensing regulation to the Head of BKPM is not yet clear on the authority figure because the legal instrument for delegation of authority is based on PermenESDM No. 25 Tahun 2015 is not an Delegation ot Mandate. Meanwhile, the guarantee for an increase in the IUP Operasi Produksi is diluted because it often causes misunderstandings.
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