TATA KELOLA HILIRISASI MINERAL DALAM SISTEM HUKUM NASIONAL

Abstract

Indonesia is one of the states who has the biggest mineral reserves. However, domestic utilization over this reserve is still low and has not even been able to accommodate national industry demands. Said problem is rooted to the non-existence of a bridging policy that harmonizes mining sustainability goals along with a downstream paradigm in the industrial sector. Having said that, there are nuances of a similar theme within the upstream sector through a raw material export ban and an obligation for adding value through refining minerals. However, there lies a demand that is equally important to push the utilization of domestic refined minerals. Domestic industries must be able to utilize the minerals that is supplied and refine it further to derivative commodities that has economic value. Downstreaming would not be able to develop without an established supply and demand ecosystem from the upstream sector to the downstream sector. The result for this research has shown the need for clustering crucial minerals that is needed for downstreaming. The goal of said clustering is to ensure a mineral policy structure that is focused, from the upstream sector through the downstream sector, and also tailored to each of its own characteristics. Thus, a Presidential Regulation is needed as a bridging policy. Several key substances within the current Presidential Regulation may be pointed to a downstream ecosystem, namely: (1) classification of Critical Minerals and Strategic Minerals (2) Sustainable Mining Principles; (3) Establishment of User Industries; (4) Nett Zero Waste Perspective Within the Mining Sector; (5) The Establishment of Production Quotas; (6) Mineral Data Collection and Archives; (7) Innovation and Research; and (8) Government Facilities.