Free, Prior, and Informed Consent in Indonesia’s Mining Law: Comparative Lessons from Canada and Norway

This article discusses the lack of explicit regulation of the principle of Free, Prior, and Informed Consent (FPIC) in Indonesia's mining law system, particularly in relation to the protection of the rights of indigenous peoples. Using a normative legal approach and comparative law methods, this study analyses the regulation of FPIC in Canada and Norway to assess the extent to which the Indonesian legal system can adopt similar principles. The results show that although Indonesia has recognized the existence of indigenous peoples in several laws and regulations, there is no legal mechanism that guarantees their meaningful involvement in the mining licensing process. Meanwhile, Canada and Norway have established legal frameworks that enable the substantive involvement of indigenous peoples through constitutional recognition, indigenous representative institutions, and consultation obligations by the state and corporations. This article recommends regulatory reforms in Indonesia to systematically adopt FPIC principles in mining law as part of respecting the human rights of indigenous peoples and realizing ecological justice