LEGAL BRIEF
Vol. 14 No. 6 (2026): February: Law Science and Field

Shifting Geothermal Prudence in Law 21/2014 and Job Creation Law for NDC

Tsirwiyati, Dwi Najah (Unknown)



Article Info

Publish Date
18 Feb 2026

Abstract

Indonesia is a country rich in geothermal potential. In the regulations governing geothermal energy, Indonesia has experienced a shift in regulations that have an impact on the application of the principle of prudence in geothermal land use projects. This regulatory shift is very important to realize the Nationally Determined Contribution (NDC). This study analyzes the evolution of the normative framework between Law No. 21/2014 and the Job Creation Law on the principle of prudence by using historical, statute, comparative, and conceptual approaches. Law No. 21/2014, which was previously the legal basis for geothermal energy, has integrated the principle through strict licensing and strict environmental supervision. The law emphasizes proactive risk mitigation. However, on the contrary, the Job Creation Law through the Risk-Based Approach (RBA) and Online Single Submission (OSS) actually prioritizes accelerating investment and simplifying bureaucracy, This has the potential to weaken environmental damage prevention measures because it only relies on predetermined risk standards. This certainly risks eroding the core principle of the precautionary principle: prudent action in the midst of scientific uncertainty. The study evaluated the effectiveness of both regimes in balancing the energy transition with ecological protections for NDC targets

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Journal Info

Abbrev

legal

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The LEGAL BRIEF is a publication that is published every half-yearly and is intended as a forum for the exchange of ideas, studies and studies, as well as being a conduit of information, for the purpose of developing the development of legal science and those related to law in Indonesia. This ...