HILIRISASI, KORPORASI, DAN KRISIS EKOLOGI: MENATA ULANG HUKUM BISNIS KONTEMPORER DI KEPULAUAN RAJA AMPAT

Abstract

This article examines the tension between contemporary business law, mineral downstreaming policies, and the mandate of environmental protection through a case study on the revocation of mining and smelter permits in Raja Ampat (the Four Kings Archipelago). In the global context, mining operations in Raja Ampat are situated within one of the world’s most sensitive marine biodiversity zones, rendering any extractive activity legally and ecologically classified as high-risk.This study employs a doctrinal legal analysis enriched by a public policy approach. The findings affirm that the mining regime is governed by lex specialis statutes namely the Mining Law (UU Minerba UU No. 4/2009 jo. UU No. 3/2020) and the Environmental Protection and Management Law (UU PPLH UU No. 32/2009) which impose strict ecological compliance through AMDAL, environmental permits, waste management, and reclamation and post-mining obligations. However, the normative force of these requirements is often weakened by macroeconomic pressures that prioritize accelerated downstreaming as a national industrialization strategy.The study reveals a systemic compliance gap characterized by non-compliance of IUP holders with environmental obligations, the absence of ecological baselines, inadequate consent from indigenous communities, and weak oversight mechanisms between central and regional governments. These conditions create potential exposure to administrative, civil, and criminal sanctions, including corporate liability under the principle of strict liability. This article highlights a policy paradox: while the state promotes downstreaming to drive economic growth, it simultaneously neglects the ecological fragility of small islands and conservation areas. The paper concludes that sustainable development can only be achieved when contemporary business law and contemporary environmental law are positioned in a mutually controlling relationship rather than in a mutually negating one.