Legal Update on the Role of Government Supervision of Nickel Smelters from the Perspective of State Administrative Law

The nickel smelter industry is a strategic pillar in Indonesia's downstream mining program, according to the provisions of Law Number 3 of 2020, which amends Law Number 4 of 2009, which deals with coal and mineral mining (Minerba Law). Its presence is anticipated to promote sustainable development and raise the natural resources' added value. However, the practice of monitoring nickel smelters still faces various issues, both related to the division of authority between the central and regional governments, as well as company compliance with occupational health and safety (K3) standards. From a State Administrative Law perspective, monitoring is a crucial instrument to ensure legal compliance, However, from the standpoint of Natural Resources Law, monitoring is necessary to guarantee that nickel management complies with the values of environmental sustainability and intergenerational fairness. Recent regulations such as Law Number 23 of 2014 concerning Regional Government in conjunction with Law Number 9 of 2015 and Government Regulation Number 96 of 2021 in conjunction with Government Regulation No. 25 of 2024 concerning the Implementation of Mineral and Coal Mining Business Activities highlight the division of powers between the central and regional governments. However, Law Number 6 of 2023 on Job Creation serves as the foundation for OHS's implementation. This study demonstrates that regulatory discord and inadequate coordination among governmental levels result in unsatisfactory government monitoring. Regulatory harmonization and strengthening of oversight capacity are needed to ensure the sustainability of equitable nickel smelter management that prioritizes worker and environmental protection.