Indonesia has ratified the United Nations Convention on the Law of the Sea(UNCLOS 1982) as stipulated in Law No. 17 of 1985. This ratification is not merely a diplomatic formality, but a concrete manifestation of Indonesia’s desire to be part of global maritime governance, regulating naval issues. Together with 158 other countries, Indonesia is a nation that ensures that marine resources, including minerals, are managed based on the principles of responsibility and mutual prosperity.
UNCLOS 1982 has determined the maritime areas subject to state sovereignty, state jurisdiction, areas of jurisdiction still within the boundaries of coastal states, and international maritime areas, known as the Area. Areas are the seabed and ocean floor, and the subsoil beneath them lies beyond the boundaries of national jurisdiction. All natural resources in the Area are the common heritage of mankind, as emphasised in the preamble to the Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, and in Indonesian national law through Presidential Decree No. 178 of 1999.
Considering the application of international law to Indonesian national law, as reflected in Law No. 17 of 1985 and Presidential Decree No. 178 of 1999, this is not merely a symbol of Indonesia’s compliance with international law. Still, these regulations provide an opportunity for Indonesia to play an active role in the Area. Evidence of Indonesia’s active role in the Area is also becoming increasingly apparent, through Presidential Regulation No. 80 of 2023 concerning Indonesia’s Active Role in the International Seabed Area, which is essentially to increase Indonesia’s active involvement in the management and utilisation of minerals and marine scientific research in accordance with the provisions of the convention, implementation agreements and regulations established by the International Seabed Authority (ISA) on a sustainable basis.
Figure 1. Organs of the International Seabed Authority.
From Prospecting, Exploration, and Mineral Exploitation: The Long Road to Exploring the Area
Activities in the Area cannot be carried out carelessly; everything must be strictly regulated and go through clear stages. To that end, the stages begin with the earliest, namely Prospecting. Prospecting is an initial investigation process to determine mineralization’s general geological conditions and indications, including composition, resource estimates, mineral distribution areas, and the economic value of minerals without exclusive rights. This stage is purely scientific research without granting any exclusive rights.
Then comes the exploration stage, which targets potential locations identified through prospecting activities. At this stage, in-depth surveys are also conducted to ascertain the quality and quantity of mineral resources. This stage also touches on technical aspects such as initial construction and environmental impact assessments, which are essential steps for entering the exploration stage.
Next is the exploitation stage, which is extracting mineral resources from the seabed. This stage also involves mining, processing, refining, and distributing the mined products. However, the primary focus of this stage is environmental protection and sustainability, which are regulated by the ISA. This is to ensure that Area exploration is economically beneficial and maintains the balance of the marine ecosystem.
Indonesia’s Role in Area Activities
Indonesia’s involvement in Area activities is becoming more concrete, given the recent Minister of Energy and Mineral Resources Regulation No. 11 of 2025 concerning Procedures for the Management and Utilisation of Minerals in the International Seabed Area (Permen ESDM 11/2025). In this regulation, the government opens opportunities for state-owned enterprises, private companies, and domestic and foreign investors to participate in prospecting, exploration, and exploitation activities in the Area.
However, these activities cannot be carried out arbitrarily; mandatory documents must be submitted, including a request from the business entity wishing to apply, which must be submitted to the Minister of Energy and Mineral Resources before conducting such activities.
The first stage is prospecting
The application must also be accompanied by various supporting documents, including administrative papers and evidence of technical readiness, such as a Business Identification Number and the availability of certified experts, as well as a complete prospecting activity plan.
The activity plan document must include several important points, including the location, survey coordinates, basis for area selection, bathymetric and geophysical survey methods, and sample collection and laboratory analysis. All documents must be prepared transparently and measurably, including a clear budget.
The second stage is exploration.
Compliance with legal, technical, and environmental standards must also be established during the exploration stage in Area. ESDM Regulation 11/2025 imposes strict requirements before an exploration permit is granted. Regarding administrative requirements, national companies must submit an official application with their Business Identification Number. In contrast, foreign companies must submit their deed of establishment as proof of legality and a letter of integrity that guarantees compliance with national and international laws. This letter contains a commitment to sign an exploration contract with ISA and to maintain the confidentiality of documents from third parties.
Only business entities with the necessary capacity will qualify on the technical side. Companies must also demonstrate their technology, equipment, and experienced personnel in deep-sea exploration. Mineral potential analysis documents must be included to ensure the work plan complies with scientific standards. Environmental protection is the most essential aspect, with each applicant required to prepare an environmental management study per ISA guidelines, including a mitigation plan to prevent accidents and marine pollution.
The third stage is exploration
This activity is the culmination of the entire mining process in the Area. This activity is serious from a legal, technical, environmental, and financial perspective. Through ESDM Regulation 11/2025, the Indonesian government stipulates that every business entity must meet all requirements, ranging from administrative, technical, environmental, and financial requirements in accordance with Indonesian national regulations and ISA.
Interestingly, for companies that have passed the exploration stage and have a certificate of support, the Indonesian government will provide legal certainty, and the company will have the right to continue to the exploitation stage as long as it continues to comply with the applicable regulations. However, exploration activities can only begin after the ISA approves the proposed work plan.
The evaluation process of the exploration work plan is not carried out unilaterally. Still, the Minister of Energy and Mineral Resources may involve various ministries and institutions that are coordination team members. The evaluation process covers two main aspects, namely the conformity of the work plan with ISA standards and the application of sound exploration principles in accordance with national law. If all documents are declared complete, the Minister of Energy and Mineral Resources will give approval within a maximum of 15 working days, before the Minister of Foreign Affairs forwards the certificate of support to the ISA for processing.
Reorganising the Direction of Mineral Downstreaming Area
The discussion above highlights an important point: UNCLOS 1982 has become the primary foundation for Indonesia to strengthen the management of mineral resources in the Area, which is recognised as the common heritage of mankind. However, even though Indonesia has ratified this convention and issued various national regulations related to maritime affairs, there are still significant legal gaps governing exploration and exploitation in the Area, especially in mineral downstreaming. The absence of comprehensive regulations could hamper Indonesia’s strategic involvement in the international maritime legal regime. Therefore, the Indonesian government needs to take concrete steps, including developing a national legal framework that aligns with the principles and provisions of UNCLOS and ISA regulations. This step is not only a matter of economics, but also of Indonesia’s geopolitical strategy and maritime sovereignty.
