Paper short abstract:

In this paper we consider the tensions between the letter of the law and reality on the ground between conservation and mining in Indonesia. We suggest that inconsistencies in the law allow various parties to further specific interests and study the mechanisms underlying these.

Paper long abstract:

Indonesia possesses both considerable coal reserves and some of the world’s largest areas of tropical forest. These form an uneasy capital: the export of coal is an important pillar of the national economy while the conservation of forests is often seen as a limitation of development possibilities. Tropical hardwood fetches considerable prices and forest land can be cleared to provide new fields for agriculture. Yet forests are important: they provide drainage for seasonal monsoons and so prevent floods, keep down the temperature and may generate income through tourism and REDD-schemes. There are strong societal and political anti-mining drives in those provinces hit hardest by that industry: mining pollutes, decreases access to land and so limits other, more sustainable forms of development.

Both mining and conservation are subject to strong, but dynamic and confusing legislation that sees the development of alternative legal and economic realities for parties involved. In this paper we discuss how this legislation interacts with realities and provides opportunities to the various parties involved to further their interests. We will do so combining legal analysis and the results of om-the-ground fieldwork, which we carried out over the past decade. We explore direct and future consequences and consider solutions.