Hybrid Administrative Accountability Model: Testing Indonesian-Brazilian Mining Discretion on Scientific General Principles

Abstract

The recently established strategic partnership between Indonesia and Brazil, entailing a total investment of US$5 billion in the energy, mining, and sanitary/phytosanitary sectors, necessitates accountable governance in public administration to mitigate significant policy risks. Prior study has partially demonstrated the ineffectiveness of the State Administrative Law (HAN) tool. This dysfunction is apparent in the overlapping permits and inadequate compliance sanctions within the mining and coal industry, further intensified by the susceptibility of State-Owned Enterprise (SOE) hybrid governance in foreign collaborations. This discrepancy engenders a substantial accountability deficit. This essay seeks to evaluate and refine the Hybrid Administrative Accountability Model within the framework of state authority discretion. This work employs a normative legal methodology alongside a comparative administrative law approach to operationalize the Scientific Evidence Principle, which is robust within the SPS system, as a requisite General Principle of Good Governance (GPGG) applicable to all natural resource regimes. The findings indicate that the implementation of this scientific GPGG is essential for addressing the deficiency of legal clarity and regulating the discretion of administrative officials. The suggested paradigm ensures accountability, legal clarity, and transparency, so substantially mitigating the risk of failure in executing bilateral agreements