Abstract:
The recently issued a Minister of Energy and Mineral Resources
Regulation no. 25 of 2018 that requires all contract of work holders to change their
mining license to become a special mining permit in order to be allowed to export
mining products. This is in contravention with the Indonesian Mining Law which
is Law no. 4 of 2009 which stipulates that contract of work shall remain in force
up to its expiration. This situation leads to inconsistency between laws from
different level in the hierarchy of Indonesian law, by which such inconsistency
must not present. Therefore, the inconsistency must be resolved by finding out
which law should prevail through analytical research towards the Indonesian laws
and regulations by relying on the application of hierarchy of the norms theory by
Hans Kelsen.
