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All Journal Contrarius Series: Law & Social Justice
Elisabeth Sundari
Universitas Atma Jaya Yogyakarta, Yogyakarta
Education Energy Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Integrating Sustainability into Indonesia’s Mining Regulation: A Normative Assessment of Downstreaming, Reclamation, and ESG Policies Paringga Berlianna Byatara Seketi; Elisabeth Sundari
Contrarius Series: Law & Social Justice Vol. 1 No. 2 (2026): Contrarius Series: Law & Social Justice
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/cslsj.v1i2.73

Abstract

The growth of the mining sector in Indonesia has contributed significantly to national economic development, but it has also imposed serious environmental externalities. In response, the central government has enacted policies such as downstreaming mandates, post-mining reclamation requirements, and the promotion of Environmental, Social, and Governance (ESG) principles to promote green mining. This study evaluates the extent to which these policies embed sustainability principles and provide legitimate environmental protection in the mining sector. Using normative legal research, we analyze mining, environmental, and green mining regulations, supported by qualitative examination of policy implementation reports. We find that although sustainability dimensions are formally incorporated, policy execution faces major constraints: (1) downstreaming focuses heavily on economic interests with insufficient environmental controls, (2) reclamation obligations are often weakly supervised, and (3) ESG implementation remains voluntary, reducing legal certainty. We recommend stronger binding ESG regulation, integration of downstream policy with environmental instruments, and establishment of transparent oversight.
The Presence of Parties in the Drafting of Notarial Deeds in the Digital Era: A Comparative Legal Study in Indonesian Bong Hendri Susanto; Elisabeth Sundari
Contrarius Series: Law & Social Justice Vol. 1 No. 2 (2026): Contrarius Series: Law & Social Justice
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/cslsj.v1i2.101

Abstract

The digitalization of contract law and public services challenges traditional notarial practice, especially the rule that parties must be physically present before a notary when executing authentic deeds. Indonesia’s Electronic Information and Transactions Law (E-IT Law) recognizes the legal validity of electronic documents and signatures, yet the Notary Office Law still presumes in-person appearances. This normative-comparative study analyzes Indonesian instruments (Notary Office Law, E-IT Law, and Personal Data Protection Law) and compares e-notarization approaches in the Netherlands, Singapore, and Malaysia. We find that Indonesia’s physical-presence model is misaligned with the E-IT Law’s recognition of secure electronic documents. Dutch emergency measures during COVID-19 demonstrated that remote notarial acts can be institutionalized with safeguards in place. Singapore and Malaysia provide technologically neutral e-signature frameworks that support remote identification, robust audit trails, and data protection. We recommend amending the Notary Office Law to recognize an online presence as the functional equivalent of physical presence, provided that identity assurance, integrity, auditability, and data protection are satisfied.
Co-Authors Bong Hendri Susanto Paringga Berlianna Byatara Seketi