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All Journal Ipso Jure
Andi Ferial Junaedy
Universitas Dr. Soetomo Surabaya
Law, Crime, Criminology & Criminal Justice

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Legal Construction of Corporate Liability for Coal Mine Reclamation: A Normative Study and Enforcement Constraints Andi Ferial Junaedy; M. Syahrul Borman; Nur Handayati
Ipso Jure Vol. 3 No. 7 (2026): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/yfqg1n51

Abstract

This research is motivated by the persistent weakness in enforcing corporate liability for coal mining reclamation, despite its formal regulation under Indonesian positive law. Reclamation as an instrument for environmental restoration is often treated merely as an administrative obligation, resulting in suboptimal protection and recovery of the environment. The research addresses two main issues: the legal construction of corporate liability in coal mining reclamation under Indonesian law and the obstacles to enforcing such liability in practice. This study employs normative legal research using statutory, conceptual, and analytical approaches, based on a literature review of primary, secondary, and tertiary legal materials. The findings indicate that, normatively, corporations are recognized as legal subjects directly responsible for reclamation as a legal consequence of natural resource exploitation. However, the enforcement of corporate liability remains constrained by normative ambiguities, regulatory disharmony, conceptual tensions between fault-based liability and high-risk mining activities, evidentiary difficulties in establishing causation, and institutional weaknesses in governmental oversight. These constraints significantly undermine the effectiveness of reclamation obligations as instruments for environmental protection and restoration within coal mining activities in Indonesia.
Co-Authors M. Syahrul Borman Nur Handayati