Initiated by the United Nations regarding the importance of Human Rights in dealing with the protection of children’s rights, then giving birth Declaration of the Convention on the Rights of the Child on November 20, 1958. The formation of the convention on the rights of the child certainly formulates universal values ​​and legal norms as an umbrella for countries to protect children, therefore, this convention contains international agreements on human rights by inserting civil rights, economic rights , and cultural rights therein. There have been many who have signed the ratification of the Convention on the Rights of the Child in the world, except Somalia. In the Convention on the Rights of the Child there are 54 regulatory articles. As a body that strives for child protection, are member states that ratify children’s rights consistent in seeking child protection and is this convention on the rights of the child effective for use (Human Rights, 1989)

Indonesia has ratified the Convention on the Rights of the Child by Presidential Decree Number 36 of 1990. With the signing of the Convention on the Rights of the Child by Indonesia, legally Indonesia performs its obligations to fulfill and protect the basic rights of children. This ratification was strengthened by the Indonesian government by passing Law No. 23 of 2003 concerning child protection based on the rule of law to protect children. The convention on the rights of the child was ratified by Indonesia because the level of child welfare in Indonesia is very low. Like many child labor activities (Lestari, 2017).

Child Labor in Indonesia

The phenomenon of child labor also occurs in Indonesia. It is recorded that 9 out of 100 children aged 10-17 work in the informal sector and 88.77% of children who work are unpaid. Children who should get rights such as going to school and playing are forced to do work that should be done for adults. The problem of child labor is of particular concern to the world community. This is because the existence of child labor can have an impact on the health and welfare of these children (ILO, 2015).

Many child workers in Indonesia work in the agricultural sector. According to International Labor Organization (ILO) there are around 1.5 children working in oil palm, rubber, and tobacco plantations. The ILO also noted that East Java and Central Java are regions with the highest rates of child labor in Indonesia with an age range of 10-14 years. This has an impact on the health of these children, because working children have to inhale pesticides from prohibited fertilizers. In addition, there are many cases of children being injured as a result of being exposed to oil palm thorns (Kemenpppa, 2021).

Is the Convention Declaration on the Rights of the Child Effective in Addressing Child Labor in Indonesia?

There are still many problems regarding child labor in Indonesia, a big question is whether the convention on the rights of the child that has been ratified by Indonesia is applied to handling child labor. If you look at article 32 in the convention on the right of the child it states that:

1. The state must recognize and protect the rights of children from attempts at economic exploitation, such as work activities that endanger or interfere with the child’s education, endanger physical health, mental, spiritual, moral or social development,

2. The ratifying State shall take legislative, social and educational measures to ensure the application of this article with purpose having regard to the relevant provisions of other international instruments, States Parties will in particular:

a) Determine the minimum age or minimum age to be accepted for work;

(b) Provide suitable hours and conditions of work;

(c) Establish appropriate penalties or other sanctions to ensure the effective implementation of this article (Human Rights, 1989)

In fact, Indonesia cannot apply several regulations from the 54 articles in ratification. Indonesia seems to have forgotten the regulations contained in the article that has been explained. Indonesia has also legalized the law regarding child labor contained in Law No. 13 of 2003 article 68 concerning the prohibition to employ children. However, the law that is made well is from regulations declaration of the Convention on the Rights of the Child as well as domestic laws. Until now child labor inIndonesia is still at 1.05 million working children. The regulation was made without any reports on whether the regulations and efforts made by the Indonesian government based on legal conventions on children’s rights were effective (Lestari, 2017).

Conclusion

There is a declaration Convention on the Rights of the Child actually very helpful to work on the rights of children around the world. The established legal laws are also very good. However, it turns out that the application of existing laws is not enough to be used optimally in Indonesia in dealing with child labor, even though Indonesia has also made statutory regulations that regulate child labor. There are suggestions that can be conveyed for the implementation of child protection, namely that the government should comply with the rules contained in the ratification article regarding children’s rights. Then there is synchronization of programs to fulfill the protection of children’s rights. Strengthen the law by conducting regular monitoring and evaluation of child protection programs. The Indonesian government must be firm in making improvements or changing programs in order to achieve child welfare. Declaration of the Convention on the Rights of the Child must also strengthen regulations so that countries that commit violations are at least given strict sanctions.

Nuclear energy in its development is very rapid and plays a major role in improving the quality, as well as the added value of various products in various activities to improve people’s welfare. In accordance with its nature,  nuclear energy has two impacts, namely: the side of benefits to realize welfare;  and on the other hand, it has potential hazards that must be managed properly.  Based on this, Nuclear Mining Material as one of the strategic natural resources is a vital commodity that controls the lives of many people, must be controlled by the state with optimal management in order to obtain the maximum benefit for prosperity and welfare of the people as mandated in the 1945 Constitution Article 33 paragraph (2) and paragraph (3).  Therefore, the use of nuclear technology for human life needs to be monitored and regulated with regulations that consider the value of benefits and potential radiation hazards caused.

In order for the use of nuclear power to be optimized, it is necessary to make regulations that regulate utilization governance and prevent bad things from happening due to radiation hazards as a consequence of nuclear utilization containing radioactive substances and nuclear materials. Law Number 31 of 1964 concerning Basic Provisions of Atomic Energy is one of the first steps to strengthen nuclear power in Indonesia by means of Institutional Strengthening that utilizes (1) nuclear materials such as uranium and other radioactive materials, (2) reactor development and reactor utilization for electricity, and (3) utilization and development of radioisotopes in aspects of health, agriculture, industry, and others.  Then, since 1978 has ratified several international agreements including:

1. Law Number 8 of 1978 concerning the Ratification of the Treaty on the Prevention of the Spread of Nuclear Weapons;
2. Law Number 9 of 1997 concerning the Ratification of the Treaty on the Southeast Asia Nuclear Weapon Free Zone ;
3. Law Number 1 of 2012 concerning the Ratification of the Comprehensive Nuclear-Test-Ban Treaty.
4. Law Number 10 of 2014 concerning the Ratification of the International Convention for Suppression Acts on Nuclear Terrorism.

Indonesia does have Law Number 10 of 1997 concerning Nuclear Power. However, there are still many provisions that have not been regulated and provisions that do not keep up with the times along with the development of nuclear power in the world of science and technology. In fact, the elements contained in nuclear have not all been used by Indonesia and there are still illegal buying and selling practices to date. Whereas nuclear elements, such as monazite, contains U (0.1-0.3%), Th (± 6%), LTJ (60%), and phosphate. LTJ has enormous benefits and its supply is currently dominated by China. Based on the records of the Ministry of Industry, every production of 1 ton of tin is estimated to produce 22 kg of monazite, which means that 34,000 tons have been produced monazite in the last 17 years (there are 2000 tons of thorium and 170 tons of uranium).  If there is a  regulation related to this, it will certainly ensure legal certainty and governance, and this can be a huge economic potential for the country.

At this time nuclear energy has contributed about 11% of the world’s energy and there are 452 nuclear reactors actively operating and spread across 31 countries in the world with a total capacity of 399,354 MW. Each year it is estimated that more than 66,883 tons of uranium are needed to run these reactors. Now as many as 54 new reactors are being built in 19 countries, and it is estimated that by 2035 the world’s uranium demand will increase by about 30% to 72,000-122,000 tons.  The existence of NZE (Net Zero Emission)  targets by many countries, mostly by 2050, and only a few countries by 2060, causes the possibility of projected nuclear power plant construction to increase.

Indonesia is one of the countries that has committed to achieving the Net Zero Emission (NZE) target by 2060 through Presidential Regulation No. 98 of 2021 concerning the Economic Value of Carbon based on the principles of welfare and the principles of sustainable development. The consequence of setting this target is that Indonesia must gradually reduce the use of fossil energy sources and replace them with clean energy sources derived from new and renewable energy, with the aim of national interest and preservation of national functions for the sustainability of future generations.

Based on exploration data that has been carried out by BATAN (National Nuclear Energy Agency which has now merged into the National Research and Innovation Agency, Indonesia has the potential for Uranium and Thorium (elements of nuclear used) in the Kalan and Ketapang (West Kalimantan areas), Kawat (East Kalimantan), Katingan, Mentawa and Darab (Central Kalimantan ), Singkep (Kepulauan Riau), Bangka Belitung, Sibolga (Sumatera Utara) and Mamuju (Sulawesi Barat). If Indonesia can take advantage of the opportunity for these natural resources for national development and community welfare, then Indonesia can contribute as a supplier of nuclear mining materials later. The International Energy Agency  (IEA) 2021 projects that by 2040 there will be an increase in the number of nuclear power plants that are likely to exceed the projected supply of uranium in the same period (World Nuclear Association, 2021). This is likely to have an impact on competition among nuclear power plant managers to get a guaranteed uranium supply.

Based on data owned by BAPETEN (Nuclear Energy Supervisory Agency), export and import activities for nuclear materials, in 2017 there were imports of 28.08 kg, in 2018 as much as 28.14 kg, and in 2019 as much as 41.69 kg.  In Law No. 7 of 2014 concerning Trade there is no specific regulation on trade related to nuclear power.  Whereas in the field of nuclear power also cannot be contained export and import activities, as well as their prohibitions and restrictions. Given that the Indonesian state has limited fulfillment of the needs of nuclear materials and radioactive substances that must be met from domestic production, export, and import activities, as well as the possibility of re-export of used sources are very potentially needed as a gateway to traffic between countries. In Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law, there are regulations related to the mining of nuclear-excavated materials. This arrangement partially deleted several articles of Law Number 10 of 1997 concerning Nuclear Energy, partly added new articles and partially replaced existing articles. However, unfortunately, the two laws have not explained specifically related to regulations regarding the licensing of exports and imports of nuclear-excavated materials directly related to nuclear materials and radioactive substances.

The problem faced by Indonesia today is that there is no positive law that can reach the development of scientific and technological advances related to nuclear power and has not been able to meet the needs of nuclear power safety, security, and facility arrangements.  Then,  there is no special criminal regulation to ensnare all forms of action faced related to the misuse of nuclear materials, radioactive substances, and ionizing radiation plants that can threaten the life of the nation, state, and society.

If the legal legitimacy of the management of nuclear mining already exists, it is not impossible that the use of nuclear power will increase in various sectors, especially in mining, radioactive mineral processing, nuclear energy, energy storage, and radioactive mineral-based batteries. National competitiveness as a positive impact of nuclear technology can also be stronger. In addition, Indonesia’s radioactive mineral-based natural resources can be utilized optimally, then business actors are potentially increasingly interested in investing in the nuclear industry, and public safety and security from radiation hazards are guaranteed. Absolutely, taking into account the balance of existing living environments, while maintaining the environment despite nuclear mining activities. This is also a demand against nuclear mining companies that must meet the provisions in Law No.  32/2009 on Environmental Protection and Management.

The author hopes that this paper can contribute to the preparation of laws and regulations on the management of nuclear mining materials so that Indonesia immediately has a legal rule for nuclear mining activities, as well as complementing Government Regulation Number 52 of 2022 concerning Safety and Security of Nuclear Mining which was published earlier.

Authors: Yeta Purnama and Wulan Fitriana*

In April 2022, the issue of Tesla’s interest in investing in Indonesia attracted the attention of the domestic public, following a meeting held by Elon Musk, the owner of a prominent electric car company, with the Coordinating Minister for Maritime Affairs and Investment Luhut Binsar Pandjaitan. The meeting discussed nickel raw materials for the electric car supply chain.

This was then followed up directly by President Jokowi during the implementation visit to SpaceX in May 2022. During the visit, they also did not reach an agreement, although in August 2022 Luhut said the value of the nickel purchase contract from Tesla reached US$ 5 billion or the equivalent of IDR 74.5 trillion. However, until mid-2023, an official agreement on Tesla’s investment plans had not yet been announced.

Instead of setting investment in Indonesia, recently Tesla was even rumored to be opening an electric car factory in neighboring Malaysia. Even though Indonesia has been intensively lobbying with a nickel concession offer to Tesla, the offer does not seem convincing enough to involve Indonesia in fulfilling the supply chain for battery raw materials at the company. For Tesla, a sustainable company comes first Environmental, Social, and Governance (ESG) is the main reason to be considered. However, on the other hand nickel companies in Indonesia are still far away from being sustainable. This can be interpreted that one of the reasons for Tesla canceling its investment is because the company’s concern for ESG is still low.

Battery production ecosystem which is not sustainable

As a company that owns track record Pretty good ESG with shoes total 65/100 according to disclosure Refinitiv, there are at least two reasons why Tesla has not provided further information or even thwarted its intention to make Indonesia an investment destination. The first reason is regarding the poor production ecosystem. Several nickel mines in Indonesia have not even been included in the ESG rating agency which is an important aspect to attract international investors concern to climate change.

Second, half-hearted regulations in an effort to reduce emission reductions. For example, by perpetuating nickel mining companies meet energy needs by using coal-fired power plants to support smelter activities. The emission footprint in fulfilling the electric vehicle supply chain is a false solution for the government to reduce greenhouse gas emission reductions.

This is exacerbated by company non-compliance with regulations, one example is the downstream policy. It is known that illegal export of nickel ore occurred due to the export ban and required the process of refining nickel in the country. This fraud was also influenced by differences in the price of nickel ore at home and abroad. Miners tend to choose exports because the price of nickel ore in the domestic market tends to be lower than the export price.

This activity is known to have caused losses to the state due to loss of royalties and export duties from companies.

Even though the government has issued regulations as stated in the Minister of Energy and Mineral Resources Regulation Number 11 of 2020 concerning the Third Amendment to the Regulation of the Minister of Energy and Mineral Resources Number 07 of 2017 concerning Procedures for Setting Benchmark Prices for Sales of Metal Minerals and Coal. However, this has not been implemented properly in the field.

Based on the results of the 2021 evaluation, it shows that among the 73 companies, there are smelters, miners, and trader, there are as many as 65 companies that have been assessed according to the HPM, the rest are still not in accordance with the stipulated HPM and are even still under international regulations.

What needs to be done in the future

Inviting Tesla to become a net investor in the country is a fairly good effort from the government in diversifying cooperation partners, despite its dependence on investment from China which is quite problematic in the environmental and governance sectors. However, there are several things the government needs to do in the future to attract foreign investment, especially in maximizing the management of nickel resources in the country. First, it is necessary to carry out policy reforms that are truly serious in the energy transition effort.

One of them concerns the application of Risk-Based Licensing mandated by the Job Creation Law. This bill is not supported by the availability of a database on risk mapping, while environmental permits have been abolished, resulting in threats to environmental quality degradation.

Second, the government needs to retire dependence on fossil energy as early as possible, by starting a mix of energy transitions more quickly, including overcoming over supply electricity must pushed with policy. Because, currently the policies made by the government in making a road map for the transition of new energy and renewable energy in the EBET Bill are still half-hearted and there are still many fake solutions in the bill, for example such as geothermal and coal gasification which are actually efforts to extend the life of dirty energy in Indonesia. domestic.

Third, the government needs to carry out strict supervision and proper regulation. Especially regarding environmental and governance issues which are important aspects to create a more sustainable corporate ecosystem. Because of ideals net zero carbon will not be achieved effectively without involving a number of parties and stakeholders.

*Wulan Fitriana, Researcher at CELIOS.