Jurnal Penelitian Hukum De Jure
Vol 25 No 3 (2025): Edisi November

Dilema Penambangan Dasar Laut: Pengaturan Dalam ISA, Prinsip Kehati-Hatian dan Tantangan Implementasi Perjanjian BBNJ

Adrian Nugraha (Fakultas Hukum Universitas Sriwijaya)
Nashriana Nashriana (Fakultas Hukum Universitas Sriwijaya)
Ridwan Ridwan (Fakultas Hukum Universitas Sriwijaya)



Article Info

Publish Date
20 Nov 2025

Abstract

This article examines the role of the International Seabed Authority (ISA) in the governance of deep seabed mining, highlighting the legal and environmental implications arising from the adoption of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement in 2023. The research employs a normative juridical method through an extensive review of international legal instruments, doctrines, jurisprudence, and scholarly literature related to the United Nations Convention on the Law of the Sea (UNCLOS) 1982, the precautionary principle, and global environmental agreements. The analysis reveals that the ISA’s mandate to manage seabed resources as the common heritage of mankind faces significant pressure due to growing scientific evidence of the ecological risks associated with deep-sea mining. Potential jurisdictional and normative conflicts also arise between the ISA and BBNJ regimes, particularly concerning marine protected areas, environmental impact assessments, and access to marine genetic resources. In the context of scientific uncertainty, mineral exploitation may violate the precautionary principle, erga omnes obligations, and the commitments of Sustainable Development Goal 14. Accordingly, this study recommends a moratorium on mining activities, the harmonization of ISA–BBNJ legal frameworks, and the strengthening of implementation of the precautionary principle to ensure the sustainability of deep-sea ecosystems.

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Journal Info

Abbrev

dejure

Publisher

Subject

Description

The De Jure Legal Research Journal, known as Jurnal Penelitian Hukum De Jure, is a legal publication issued three times a year in March, July, and November. It is published by the Law Policy Strategy Agency of the Ministry of Law of the Republic of Indonesia, in collaboration with the Indonesian ...