Eco-Justice in Indonesia’s Mining Law: The Indonesian Mining Law and Its Conflict with Climate Justice in Indigenous Territories

Abstract

This study critically examines the Indonesian Mining Law (UU No. 4/2009) and its conflict with eco-justice and climate justice in indigenous territories. As Indonesia continues to be a global leader in mineral extraction, the mining sector plays a crucial role in the national economy. However, the implementation of the Mining Law has sparked significant debates regarding its environmental and social impacts, particularly on indigenous communities whose ancestral lands are often exploited for mining activities. This research explores how the law’s provisions—intended to regulate and promote responsible mining—interact with the environmental rights of indigenous peoples and the broader objectives of climate justice. Using a mixed-methods approach, which includes legal analysis, interviews with indigenous activists, and case studies of mining operations in resource-rich regions, the study evaluates the extent to which the Mining Law respects indigenous land rights, promotes environmental sustainability, and aligns with Indonesia’s climate commitments. The findings reveal that while the law includes certain measures for environmental protection, it fails to adequately address the rights of indigenous peoples and often allows for unsustainable exploitation of natural resources, exacerbating climate vulnerabilities in affected areas. This study argues that eco-justice, which includes the integration of indigenous rights in environmental governance, is crucial to achieving true climate justice. The research concludes with policy recommendations aimed at reconciling the goals of economic development, indigenous rights, and environmental protection in Indonesia’s mining sector.