Legal policy preference for coal mining over other land use alternatives jeopardizes sustainability in Indonesia

Abstract

ABSTRACT Overlapping claims on land use between coal mining and other land-based activities have led to legal uncertainties, with negative social, economic, and environmental impacts. This study examines overlapping claims on land use arising from inconsistencies with the regulation of Indonesia’s land and resource licensing system and the consequent legal, social, and environmental impacts. This study investigates the overarching issues with the implementation of policies and regulations concerning coal mining licensing in Indonesia. Results indicate that the prevailing legal framework in Indonesia favors coal mining activities over other land uses (including smallholder production of food). The coal mining industry is given preferential treatment regarding land use and licensing compared to other land-based users, resulting in significant social and environmental injustice. Other land-based activities outside the mining sector experience greater legal uncertainty in obtaining equal access to land. This creates difficulty in maintaining continuity in their operations.