Tantangan Konstitusi Indonesia dalam Menghadapi Krisis Iklim Dunia Studi: Perluasan Pemberian Izin Konsesi Tambang Mineral dan Batubara

Abstract

The expansion of mineral and coal mining concessions has a destructive effect on socio-ecological conditions in Indonesia. Frequent socio-ecological disasters are clear evidence that policies not based on the principles of intergenerational justice and ecological justice will cause suffering for citizens and losses for the state. However, the Indonesian Constitution regulates the right to a decent environment as stipulated in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. On the other hand, there is Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, which has always been used as a constitutional basis by the government in making mining management policies. This article aims to examine the constitutionality of the policy to expand mineral and coal mining concessions amid the threat of global climate crisis, as well as to understand the socio-political dynamics that occurred after the enactment of Government Regulation No. 39 of 2025 concerning the Second Amendment to Government Regulation No. 96 of 2021 concerning the Implementation of Mineral and Coal Mining Business Activities. This research method uses a normative juridical approach by examining the relevant constitutional provisions, laws and regulations, and Constitutional Court decisions. In conclusion, this article recommends reformulating or revising the policy on the expansion of mineral and coal mining concessions. This is because the policy is fraught with political interests and could create socio-ecological disasters both now and in the future. In relation to the Indonesian Constitution, the author recommends raising the status of nature as a legal subject, as in the constitutions of Ecuador and Venezuela.