Global Journal of Law, AI & Ethics (GJLAE)
Vol. 2, No. 2, August 2026

Reforming Mining Governance in Indonesia’s National Strategic Projects: Lessons from Canada and Australia

A. Muhammad Hasgar A.S. (Faculty of Law, Universitas Muhammadiyah Kendari)
Adhe Ismail Ananda (Faculty of Law, Universitas Nusa Cendana)



Article Info

Publish Date
01 Aug 2026

Abstract

This study examines mining governance within Indonesia’s National Strategic Projects framework by comparing regulatory and institutional practices in Canada and Australia. It addresses the continuing gap between the acceleration of mineral-based development and the protection of environmental, social, and community interests. The research applies normative legal research through comparative and conceptual approaches. Legal materials are analysed using six criteria: institutional architecture, licensing and impact assessment, transparency, public and Indigenous participation, monitoring and enforcement, and mine closure. The findings show that Canada connects impact assessment with Indigenous rights, knowledge, and negotiated project obligations, while Australia combines federal environmental review, state mining authority, native title negotiation, and financial rehabilitation mechanisms. Both systems continue to face jurisdictional fragmentation, power imbalances, and inconsistencies in implementation. Indonesia possesses an extensive regulatory framework, but its effectiveness remains limited by fragmented coordination, formalistic participation, weak data integration, inconsistent enforcement, and inadequate post-mining accountability. This study proposes a contextualised mining governance model based on pre-design sustainability screening, integrated licensing, meaningful participation and benefit-sharing, and independent compliance monitoring. The model rejects direct legal transplantation and instead promotes the functional adaptation of comparative practices to Indonesia’s constitutional, administrative, and socio-ecological condition

Copyrights © 2026






Journal Info

Abbrev

gjlae

Publisher

Subject

Computer Science & IT Law, Crime, Criminology & Criminal Justice Other

Description

Focus and Scope Focus and Scope The Global Journal of Law, AI & Ethics (GJLAE) is a peer-reviewed international journal dedicated to exploring the intersection of law, ethics, and emerging technologies in a global context. In an era of rapid technological advancement and increasing legal complexity, ...