Opinio Doctorum

Ineffective Environmental Law Enforcement Against Corporations in Indonesia's Natural Resource Management

Ari Priatmoko — 2026-07-31

Environmental law enforcement against corporations engaged in natural resource management remains a significant challenge in Indonesia, contributing to persistent environmental degradation despite the existence of comprehensive environmental regulations. Although Indonesia has established a legal framework governing environmental protection and corporate accountability, its implementation has often proven ineffective due to institutional, legal, and governance related constraints. This study aims to examine the factors contributing to the ineffectiveness of environmental law enforcement against corporations and to identify legal and institutional measures capable of strengthening corporate environmental accountability. The research employs a normative juridical method using statutory and conceptual approaches, supported by an analysis of selected cases involving corporate environmental violations. The findings reveal that ineffective law enforcement is primarily attributable to weak regulatory oversight, inconsistent implementation by law enforcement authorities, inadequate sanctions, and the persistent tension between economic development objectives and environmental protection. Furthermore, establishing corporate criminal and civil liability remains challenging due to complex corporate structures, evidentiary difficulties, and limitations in attributing responsibility to corporate decision-makers. These conditions undermine the deterrent effect of environmental legislation and weaken public confidence in environmental governance. Accordingly, strengthening environmental law enforcement requires comprehensive regulatory reform, enhanced institutional capacity, consistent and impartial enforcement, more effective judicial remedies, and stronger mechanisms for corporate accountability. Such measures are essential to ensuring legal certainty, promoting sustainable natural resource management, protecting environmental rights, and advancing the principles of sustainable development and good environmental governance in Indonesia.

Regulating Privately Initiated National Strategic Projects: A Public Interest And Regional Autonomy Perspective

Etty Agustin — 2026-07-31

National Strategic Projects are development policy instruments designed to accelerate economic growth, promote equitable development, create employment, and improve public welfare. Minister of National Development Planning Regulation No. 4 of 2025 expands the PSN designation mechanism by allowing private business entities to propose projects for PSN status, raising legal concerns regarding the use of public authority to facilitate privately initiated investments and potentially blurring the distinction between public and private interests while affecting regional government authority under decentralisation and regional autonomy. This normative legal study employs statutory and conceptual approaches to examine the legitimacy of privately initiated PSN designations based on the principles of public interest and regional autonomy. The findings indicate that the existing regulatory framework does not substantively fulfil these principles, creating a normative gap that undermines the legitimacy of the exercise of public authority. The novelty of this study lies in assessing privately initiated PSN designations through the combined framework of public interest and regional autonomy. Accordingly, this study recommends normative reconstruction through substantive public interest assessments, stronger regional government participation, integration of national and regional development planning, enhanced transparency and accountability, and meaningful public consultation.

Constitutional Court Authority in Adjudicating Dissolution of Local Political Parties

Robert Cayono — 2026-07-31

The dissolution of political parties constitutes a constitutional authority of the Constitutional Court in safeguarding constitutional supremacy, democracy, and the integrity of the Unitary State of the Republic of Indonesia.[1] However, the existence of local political parties in Aceh under Law Number 11 of 2006 concerning the Governance of Aceh raises legal uncertainty regarding the Constitutional Court's authority to adjudicate their dissolution, as such authority has not been explicitly regulated in the prevailing legislation. This study aims to analyze the constitutional basis of the Constitutional Court's authority to adjudicate the dissolution of local political parties, identify the existing legal vacuum, and formulate a framework for regulatory harmonization. This research employs a normative legal research method using statutory, conceptual, and case approaches. The analysis is conducted qualitatively through the interpretation of legislation, Constitutional Court decisions, and relevant legal doctrines. The findings indicate that, from a constitutional perspective, the Constitutional Court's authority may be interpreted to include the dissolution of local political parties. Nevertheless, the absence of clear legal regulation gives rise to legal uncertainty.[2] This study proposes regulatory harmonization as a form of legal reconstruction to strengthen legal certainty, protect the freedom of association, and reinforce constitutional democracy.

[1] Philipus M. Hadjon, Perlindungan Hukum bagi Rakyat di Indonesia (Surabaya: Bina Ilmu, 1987), 68–74.

[2] Maria Farida Indrati, Ilmu Perundang-undangan: Jenis, Fungsi, dan Materi Muatan (Yogyakarta: Kanisius, 2020), 45–51.

Coal Management and National Energy Security: A Legal Analysis of Power Outages in Indonesia

Khansa Pandan Semilir — 2026-07-31

Indonesia is one of the world’s largest coal producers, with coal remaining a major source of energy for electricity generation. However, despite its abundant coal resources, Indonesia continues to face energy security challenges, including power outages and instability in electricity supply across several regions. This study aims to analyze the legal framework for coal management in supporting national energy security and its implementation within Indonesia’s electricity system. The research uses a normative legal method with statutory and conceptual approaches by examining relevant regulations and legal principles. The results show that Indonesia has regulated coal management through the Domestic Market Obligation (DMO) policy and various legal instruments in the energy and electricity sectors. Nevertheless, implementation still faces challenges, including weak supervision, inconsistent enforcement, governance issues, and conflicts between export interests and domestic energy needs. These problems affect the reliability of electricity supply and the effectiveness of coal utilization for national energy security. Therefore, strengthening oversight, improving stakeholder coordination, ensuring consistent implementation of regulations, and accelerating the transition toward sustainable energy sources are necessary to achieve national energy security in accordance with Article 33, paragraph (3) of the 1945 Constitution of the Republic of Indonesia.

Conflict of Interest in Natural Resource Management and Public Policy Implications

Mia Sugiati — 2026-07-31

Natural resources constitute a strategic asset controlled by the state and utilized to achieve the greatest prosperity of the people as mandated by the Constitution. However, the management of natural resources in Indonesia frequently encounters conflicts of interest involving government officials, business actors, and political elites. Such conflicts potentially influence policy-making processes and create public policies that prioritize particular interests over public welfare and environmental sustainability. This research aims to analyze the forms of conflicts of interest in natural resource management and examine their implications for public policy in Indonesia. This study employs normative legal research using statutory, conceptual, and case approaches. The findings indicate that conflicts of interest may occur in licensing, supervision, policy formulation, and law enforcement processes. These conditions contribute to regulatory bias, weak environmental protection, unequal distribution of economic benefits, and declining public trust in government institutions. Furthermore, the study finds that inadequate transparency and accountability mechanisms create opportunities for regulatory capture, allowing private interests to influence public decision-making. Therefore, strengthening regulations concerning conflict-of-interest prevention, enhancing public participation, and implementing transparent governance mechanisms are necessary to ensure sustainable and equitable natural resource management. The novelty of this study lies in its examination of the relationship between conflicts of interest and public policy outcomes within the framework of natural resource governance and sustainable development principles.