The Application of the Strict Liability and Polluter Pays Principles in the Mining Sector Following the Enactment of Minerals and Coal Law No. 2 of 2025

Abstract

Abstract

The mining sector is one of the strategic sectors contributing to national economic growth through increased investment, mineral downstreaming, and the strengthening of energy security. The enactment of Law Number 2 of 2025 concerning the Fourth Amendment to Law Number 4 of 2009 concerning Mineral and Coal Mining has brought about a shift in the regulatory orientation of the mining sector, placing greater emphasis on investment and business governance. This condition raises questions regarding the position and application of the Strict Liability and Polluter Pays Principle as bases for environmental liability in the resolution of disputes within the mining sector. This research aims to analyze the regulation of these two principles before and after the enactment of Mining Law No. 2 of 2025, as well as to identify the problems and challenges in their application in the resolution of environmental disputes. This research constitutes normative legal research employing a statute approach and a conceptual approach. The legal materials used consist of primary and secondary legal materials, which were analyzed prescriptively. The results of the research indicate that, normatively, the Strict Liability and Polluter Pays Principle continue to derive their legal basis from Law Number 32 of 2009 concerning Environmental Protection and Management, notwithstanding the enactment of Mining Law No. 2 of 2025. However, the shift in mining policy orientation now placing greater emphasis on investment, downstreaming, and an administrative approach has not been accompanied by a strengthening of the regulation of environmental liability within the Mining Law.