Tinjauan Yuridis Ekspansi Perusahaan Group Ditinjau dari Undang-Undang No. 4 Tahun 2009 tentang Pertambangan Mineral dan Batubara

Abstrak

This article examines the legal limits of group-company expansion in Indonesia's coal mining sector from the perspective of the mining regulatory regime. The issue is important because business expansion through mergers, acquisitions, or the formation of new affiliates can improve efficiency, but it can also create dominance and distort competition when used without adequate legal control. Using normative juridical research, the article reviews constitutional principles on state control over natural resources, mining legislation, and competition-related concerns arising from corporate group structures. The study finds that Law Number 4 of 2009 concerning Mineral and Coal Mining provides a more explicit framework for limiting certain expansion practices, particularly in the use of mining service companies. The article also finds that expansion by group companies may lead to abuse of dominant position and market control if not checked by effective regulation and supervision. It concludes that legal certainty in the mining sector requires clearer boundaries between permissible business structuring and forms of expansion that threaten fair competition and public control over strategic resources.