ESDM Confirms Revisions to Permen and Kepmen Implementing the Minerba Law

The Ministry of Energy and Mineral Resources (“ESDM”) has confirmed that it will revise a number of regulations following the issuance of Decision of Indonesia’s Constitutional Court (“MK”) No. 160/PUU-XXIII/2025 (“Decision 160/2025”). Tri Winarno, Director General of Mineral and Coal (“Dirjen Minerba”), stated that the amendments will be made to the implementing regulations governing the granting of priority rights over Mining Business License Areas (“WIUP”).

“The amendments will likely be made to the implementing provisions set out in the relevant Permen and Kepmen,” Tri told Hukumonline.

Tri explained that the amendments will be made to Regulation of the Minister No. 18 of 2025 (“PermenESDM 18/2025”) on Implementing Regulation of Regulation of the Government No. 39 of 2025 on the Second Amendment to Regulation of the Government No. 96 of 2021 on the Implementation of Mineral and Coal Mining Business Activities (collectively referred to “PP 96/2021”), as well as a number of Decree of the Minister implementing Law No. 4 of 2009 on Mineral and Coal Mining, as lastly amended by Law No. 1 of 2026 on Criminal Adjustments (collectively referred to “Minerba Law”). The amendments will focus on detailing the mechanism for the priority granting of WIUP in accordance with the MK’s decision.

Meanwhile, at the higher regulatory level, Tri stated that the Ministry does not currently plan to amend PP 96/2021.

“Not yet; we have no plans to amend the PP,” Tri concluded.