Legal Aspects of the Export Prohibition of Raw Nickel Related to Increasing Hilirization in Indonesia

DOI

10.2991/978-2-38476-024-4_74How to use a DOI?

Keywords

Raw Nickel Export Prohibition; Smelter; Downstream

Abstract

In the last few decades, the results of mining natural resources sent abroad (exports) are mostly still in the form of semi-finished or raw materials and without any processing. This export action describes the fact that mineral materials in Indonesia lack added value which has a direct multiplier effect on the people. The impact was initially related to the formation process of this mineral material which is non-renewable. In order to improve the mineral and coal mining sector and improve people’s welfare, the government issued Law Number 4 of 2009 concerning Mineral and Coal Mining (UU Minerva), which was amended by Law number 3 of 2020. This new law is expected to encourage development through Increased Value Added (PTL) of minerals and coal. In addition, it is also necessary to pay attention to the importance of reviewing several relevant regulations. Of course, it cannot be separated from Gustav Radbruch’s statement, based on the priority principle of the three basic values ​​of legal goals, namely legal justice, legal benefit, and legal certainty. The research methodology used in this paper is normative juridical, through scientific studies on legal issues that are conceptualized as written in regulations or legislation (law in books). The results of the study indicate that the ban on raw nickel exports is related to increasing downstream, by examining related regulations that require business actors (entrepreneurs) to build smelters, so that they can provide added value and in turn will improve welfare for all levels of society in general.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Hudi Karno Sabowo
AU  - Bambang Siswanto
PY  - 2023
DA  - 2023/04/19
TI  - Legal Aspects of the Export Prohibition of Raw Nickel Related to Increasing Hilirization in Indonesia
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 733
EP  - 743
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_74
DO  - 10.2991/978-2-38476-024-4_74
ID  - Sabowo2023
ER  -