{"title":"印尼的填海结合机制为何失败","authors":"Tri Hayati, C. Cornelius, A. Wibisana","doi":"10.1080/02646811.2020.1844962","DOIUrl":null,"url":null,"abstract":"The objective of this article is to critically examine the regulatory framework associated with reclamation bonding mechanism in Indonesia. It suggests that the failure of the Indonesian reclamation bonding mechanism is due to a lack of regulatory clarity and the consequent weaknesses in law enforcement. In this context, this article reviews the existing literature on policy models pertaining to bonding mechanisms before arriving at the conclusion that the worst-case scenario described by Costanza and others (2015) represents the most apt remedy to improve Indonesia's reclamation bonding mechanism policy. Under a worst-case scenario bonding mechanism, the bond value is set up according to the costs associated with the most extensive probable environmental destruction. Such costs are over and above those associated with identified environmental damage. Companies intending to conduct mining activities are required to provide such a bond upfront, prior to commencing their exploration and operation–production.","PeriodicalId":51867,"journal":{"name":"Journal of Energy & Natural Resources Law","volume":"63 1","pages":"393 - 418"},"PeriodicalIF":1.6000,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Why reclamation bonding mechanisms fail in Indonesia\",\"authors\":\"Tri Hayati, C. Cornelius, A. Wibisana\",\"doi\":\"10.1080/02646811.2020.1844962\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The objective of this article is to critically examine the regulatory framework associated with reclamation bonding mechanism in Indonesia. It suggests that the failure of the Indonesian reclamation bonding mechanism is due to a lack of regulatory clarity and the consequent weaknesses in law enforcement. In this context, this article reviews the existing literature on policy models pertaining to bonding mechanisms before arriving at the conclusion that the worst-case scenario described by Costanza and others (2015) represents the most apt remedy to improve Indonesia's reclamation bonding mechanism policy. Under a worst-case scenario bonding mechanism, the bond value is set up according to the costs associated with the most extensive probable environmental destruction. Such costs are over and above those associated with identified environmental damage. Companies intending to conduct mining activities are required to provide such a bond upfront, prior to commencing their exploration and operation–production.\",\"PeriodicalId\":51867,\"journal\":{\"name\":\"Journal of Energy & Natural Resources Law\",\"volume\":\"63 1\",\"pages\":\"393 - 418\"},\"PeriodicalIF\":1.6000,\"publicationDate\":\"2020-12-21\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Energy & Natural Resources Law\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1080/02646811.2020.1844962\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"ENVIRONMENTAL STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Energy & Natural Resources Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1080/02646811.2020.1844962","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"ENVIRONMENTAL STUDIES","Score":null,"Total":0}
Why reclamation bonding mechanisms fail in Indonesia
The objective of this article is to critically examine the regulatory framework associated with reclamation bonding mechanism in Indonesia. It suggests that the failure of the Indonesian reclamation bonding mechanism is due to a lack of regulatory clarity and the consequent weaknesses in law enforcement. In this context, this article reviews the existing literature on policy models pertaining to bonding mechanisms before arriving at the conclusion that the worst-case scenario described by Costanza and others (2015) represents the most apt remedy to improve Indonesia's reclamation bonding mechanism policy. Under a worst-case scenario bonding mechanism, the bond value is set up according to the costs associated with the most extensive probable environmental destruction. Such costs are over and above those associated with identified environmental damage. Companies intending to conduct mining activities are required to provide such a bond upfront, prior to commencing their exploration and operation–production.