Conflict of norms in Indonesia’s sustainable development policy: Mineral and coal mining sector

Abstract

This study aims to identify the conflict of norms in the mineral and coal sectors particularly after issuing Law No. 3 of 2020. The type of this research is normative-legal research, which analyses the contents of some relevant Indonesian Law and some principles of law on Mineral and Coal. The data are qualified as the primary legal materials and collected through study documents. They are then analysed qualitatively. The main findings show that there is norm conflict post Law No. 3 of 2020 on the Amendment to Law No. 4 of 2009 on Mineral and Coal is enacted. The norm conflict can be seen in Indonesian sustainable development policy and law, such as Indonesian sustainable development the Law No. 16 of 2016 concerning Ratification of the Paris Agreement to the UNFCCC, The Presidential Regulation of No. 59 of 2017 concerning the Implementation of Achieving the Sustainable Development Goals, and the Low Carbon Development concept. Both the national policy and the Law will have significant effects on Indonesian commitment to reduce GHGs by 2030 to 29% with business as usual and to 41% with international supports. Relation of it with climate change issues is both the national policy and the law only accommodate the interests of coal industry players. but not the interests of the people in the mining areas and indigenous peoples. It means that the accommodation of mineral and coal industries’ interests will threaten the environment, as it is known that they are one of the worst contributors to GHGs in the world.