University of Oulu

Primi Suharmadhi Putri (2022) Local communities and transparency in Indonesian mining legislation, Journal of Energy & Natural Resources Law, DOI: 10.1080/02646811.2022.2136336

Local communities and transparency in Indonesian mining legislation

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Author: Putri, Primi Suharmadhi1
Organizations: 1Geography Research Unit, University of Oulu, Finland
Format: article
Version: accepted version
Access: embargoed
Persistent link: http://urn.fi/urn:nbn:fi-fe2022120970363
Language: English
Published: Informa, 2022
Publish Date: 2024-06-02
Description:

Abstract

As Indonesia’s mining industry plays an important role in the national economy and global mineral supply chain, local communities and the environment are increasingly affected by the mining industry. This article examines Indonesia’s 2009 Mining Law to understand why it failed to effectively address the needs of communities impacted by extractive industries. Using three key elements of transformative transparency — access to information, meaningful participation and government accountability — the analysis shows that although the law sought to incorporate perspectives of local communities in different stages of the mineral value chain, it failed to ensure that local communities had adequate access to mining-related information, space for participation in decision-making and mechanisms for holding powerful actors accountable. These shortcomings are not addressed in the recent amendment of the law. Instead, the 2020 amendment reverses the promises of decentralisation and democratisation of the country’s mining sector.

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Series: Journal of energy & natural resources law
ISSN: 0264-6811
ISSN-E: 2376-4538
ISSN-L: 0264-6811
Volume: In press
DOI: 10.1080/02646811.2022.2136336
OADOI: https://oadoi.org/10.1080/02646811.2022.2136336
Type of Publication: A1 Journal article – refereed
Field of Science: 519 Social and economic geography
513 Law
218 Environmental engineering
520 Other social sciences
Subjects:
Funding: This work was supported by the Academy of Finland under Grant number 314143, Grant number 309206, and Grant number 322097.
Academy of Finland Grant Number: 314143
309206
322097
Detailed Information: 314143 (Academy of Finland Funding decision)
309206 (Academy of Finland Funding decision)
322097 (Academy of Finland Funding decision)
Copyright information: © 2022 International Bar Association. This is an Accepted Manuscript of an article published by Taylor & Francis in Journal of Energy & Natural Resources Law on 2 Dec 2022, available at: http://www.tandfonline.com/10.1080/02646811.2022.2136336.