Ipso Jure
Vol. 3 No. 7 (2026): Ipso Jure - August

Legal Construction of Corporate Liability for Coal Mine Reclamation: A Normative Study and Enforcement Constraints

Andi Ferial Junaedy (Universitas Dr. Soetomo Surabaya)
M. Syahrul Borman (Universitas Dr. Soetomo Surabaya)
Nur Handayati (Universitas Dr. Soetomo Surabaya)



Article Info

Publish Date
29 Aug 2026

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.

Copyrights © 2026






Journal Info

Abbrev

IJJ

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ipso Jure is an international, peer-reviewed, open access journal dedicated to advancing scholarly research and discourse in the field of law, with a particular emphasis on the principles of the rule of law. The journal aims to provide a platform for academics, legal practitioners, policymakers, and ...