The Limits of Indonesia’s Legal Framework for Electromobility: Regulatory and Sustainable Issues

: The rise in global temperature indicates the impact of climate change, encouraging more countries to adapt and seek practical solutions. Several countries, including Indonesia, have begun to regulate electric vehicles because of the commitment to reduce carbon dioxide emissions. It simultaneously provides opportunities for developing electric vehicles to prevent more use of fossil fuels. This study aimed to discuss and explore Indonesia's trajectory to develop a legal framework for electromobility that started to be drafted in 2019. This framework has resulted in legal fissures because of the lack of regulations to promote electric vehicles against the environmental aspects, whereas it tends to focus on industrial development. Finally, this study discussed regulatory issues and predicted the future of Indonesia's electromobility legal development through the lens of sustainability. This study used normative legal research whose analysis inventoried and identified several laws and regulations on electromobility in Indonesia with particular criteria. This study showed that Indonesia's legal development of electromobility is being accomplished by autonomous and inconsistent delegated regulations with technical and non-technology aspects. Adopting a legal instrument through Presidential Regulation is insufficient to build an electromobility ecosystem that involves many sectors. In contrast, an imbalance in the regulatory framework, the three pillars of sustainability, and the economic dimension outweigh the social and environmental factors. Insofar, the regulations adopted prioritize the economic aspect, and the framework has impacted other industries, including mining and international trade, due to the need for nickel and manganese as raw materials for electric vehicle batteries.


I. INTRODUCTION
Climate change has worried the world following the increase in global temperature by more than 1°C over 20 years which has resulted in weather anomalies and a number of natural disasters yearly. 1 While Asia has become one of the fragile regions most affected by the rise in global temperatures, 2 some countries, such as China and Japan, have massively begun to introduce EV technologies to the public as a solution to reduce carbon dioxide emissions from the transportation sector. 3 At the same time, Indonesia also aims to reduce carbon dioxide emissions by 29% in 2030 without international aid. 4 Electric vehicle (EV) technology is one of the keys for humankind to adapt to climate change. 5 The adoption of progressive regulation at the national level is prominent to transform the use of conventional vehicles into EVs and achieve the goal of reducing carbon dioxide emissions. EVs are the technology trusted to decrease carbon dioxide emissions. 6 They do not instantly solve the problems posed by climate change. However, compared to fossil fuel vehicles, EVs are far superior. 7 Several countries in Asia, as mentioned above, such as China and Japan, have adopted the technology to  Barton & Schütte, supra note 5.

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replace conventional fossil-fuel vehicles, responsible for a considerable amount of emissions from the transportation sector. EVs that run entirely on electricity will emit no exhaust gases and cause no pollution. 8 For instance, since 2015, China has mass-produced EVs, and its domestic market has become one of the largest worldwide. 9 Moreover, China currently seeks to enlarge the market and strengthen it with the research and development of EV technology. 10 Japan has been developing EV technology even with the development of a domestic market that is not as large as China. Nonetheless, Japan has been developing EVs with hybrid car production since 1997. 11 Indonesia is another country in Asia that desires to reduce carbon dioxide emissions by developing the EV market and generating EV products. The country's population and economic growth buttresses this agenda, which is considered an auspicious plan for the massive use of EVs. In 2020, the number of EVs certified by the Indonesian Ministry of Transportation reached 2,176, consisting of 1,947 electric motorbikes and 229 electric cars. In 2021, this number significantly increased to 5,486 electric motorbikes and 2,012 electric cars, with a total of 7,498 electric vehicles. 12 However, this sum is still far from the ambitious target to be achieved by 2030; 15 million EVs that consist of 13 million electric motorbikes and 2 million electric cars. This step will subsequently transform hundreds of millions of conventional users into electric vehicles. 13 In doing so, the government should firstly suppress the growth of conventional vehicles and increase the purchase of EVs by the public. It requires high financial and social costs in the form of public support.
The implications of the EV ecosystem project in Indonesia will be widespread. They are not only on the national and regional levels in Southeast Asia and have the potential to span the global scale. In connection with this development, the government has adopted Presidential Regulation 55/2019 on Electric Vehicles, 14 an emerging legal framework for Indonesia's vast industrialization of EV technology. The government's intervention in transforming industry and technology is paramount, even though it is fraught with bearing difficulties, with the primary rationale to deal with unfamiliar new technologies to the public. 15 In addition, the widespread usage of cutting-edge technology serves to resolve social issues and adhere to sustainability standards. 16 Scholars have studied EV policy in developing and developed countries. Naumanen, et al. conducted a comparative study on the development strategy of the EV battery industry in China, the EU, Japan, and the USA. 17  This study aimed to analyze and discuss the legal framework for Indonesia's EV ecosystem or electromobility from a sustainability standpoint. This study is limited to analyzing Indonesian regulations adopted throughout 2019 and 2020 on electromobility. This paper is organized into two main sections of analysis. The first part discusses the legal framework for electromobility developed in Indonesia. The second part examines the impact of Indonesia's new electromobility regulations. These two main parts of the discussion guide an analysis preceded by the literature review on the idea of electromobility, legal norm issues, delegated legislation, and sustainability.

II. METHODS
The study used normative legal research, with a particular emphasis on the hierarchy of legal norms. This study inventoried and identified several laws and regulations on the legal development of electromobility in Indonesia using specific criteria and the criterion for picking legislative instruments was that they control electromobility precisely in Indonesia. To catalog and identify rules, authors consult the Legal Documentation and Information Network (Indonesian: Jaringan Dokumentasi dan Informasi Hukum-JDIH), maintained by multiple Indonesian Ministries. As a result, regulations were collected exclusively at the national level, and this study did not discuss local government regulations. The further step was to analyze the legal instrument under Indonesia's legal norm hierarchy. This study conducted a vertical and horizontal legal harmonization study to see whether there is a connection and connectedness between legislation in Indonesia's electromobility legal development.

III. LEGAL FRAMEWORK FOR ELECTROMOBILITY IN INDONESIA
Indonesian legal norm hierarchy recognizes the presence of written laws in the form of statutes and regulations (wetelijk regelling), administrative regulations (beleidregels), and decrees (beschikking). 24 Through Legislative Drafting Law 12/2011, 25 the system of laws and regulations is regulated hierarchically from the national to regional levels. 26 As a government conforming to the legal hierarchy, Indonesia also recognizes delegated regulations under several titles or nomenclatures, including Government Regulations, Presidential Regulations, and Ministerial Regulations. 27 However, two well-known issues often arise in Indonesia's delegated law. First, the law governs far too many common issues, allowing delegated regulations to regulate them more precisely. Second, the law enacted by Parliament in collaboration with the President makes no explicit reference to delegated legislation in regulation or the institution's authority to regulate it. 28 A recent study indicates that the bulk of delegated legislation is in the form of government regulation (39%), presidential regulation (5%), ministerial regulation (20%), provincial and municipal regulation (8%), and other regulations (25%). 29 On the other hand, climate change that affects the globe encourages many countries to implement environmentally friendly technology. Electromobility deployment includes managing charging stations, power delivery, and driving and public transit customer services. In this regard, electromobility is not only about EVs because it encompasses a whole clean energy and transportation ecosystem, from upstream to downstream. 37 However, this criterion precludes all nations from implementing electromobility due to the complicated ecosystem that must be developed and the need to monitor the automobile industry's environment nationally and worldwide. 38 Nonetheless, the global electromobility business is exploding and garnering the attention of several nations interested in becoming leaders in such sectors. 39 Electromobility legal development is strategically one of the efforts to promote EVs on a massive scale to the public. 40 The massive EV use by the public will depend on the supportive ecosystem. The ecosystem is from the upstream sector, such as easy purchases and affordable prices, to 34  downstream sectors, for instance, after-sales service, workshop availability, including charging facilities. Furthermore, the adoption of various regulations on a national and local scale can also promote the use of electric vehicles to the public. 41 The adopted regulation should assure the public that EVs are more profitable than conventional vehicles. These advantages include price, fuel, and the comfort of the EV itself. All of these things must be promoted and campaigned massively to the public. 42 Therefore, electromobility legal development carried out by the Indonesian government must include programs for the public and private sectors so that the target of penetration of the use of electric vehicles can be achieved.
The Presidential Regulation on Electric Vehicles is the primary legal instrument guiding Indonesia's electromobility legal framework. The most intriguing aspect of the Presidential Regulation is that it is not based on any laws (Indonesian: Undang-Undang). Instead, the Presidential Regulation explicitly refers to the 1945 Constitution and three Government Regulations, including energy conservation, 43 business activities related to the provision of electric power, 44 and motor vehicles. 45 This fact is exciting because delegations from the Law and Government Regulation can produce the Presidential Regulation in Indonesia's hierarchy of legal norms. 46 The question is whether the Presidential Regulation on Electric Vehicles is the three Government Regulations' delegated regulation or not. None of the three government regulations cited is tied explicitly to accelerating the development of battery-based electric car initiatives. As a result, the Presidential Regulation on Electric imports, arrangements for EV assembly manufacturing, and developing electromobility roadmaps with production targets of 400,000 electric cars and 1.76 million motorcycles by 2025. 51 The lofty goal is backed up by legislative tools that govern downstream issues such as electric vehicle testing, conversion of conventional engines to electric motors, battery charging infrastructure, and lithium-ion battery waste management.
The government's regulation of the upstream and downstream sectors through the Presidential Regulation and Ministerial Regulation is a type of state intervention in the legal development of electromobility. Furthermore, this phase is required to bring government policies aligned with those of the industrialized world. 52 Moreover, the Presidential Regulation on Electric Vehicles, as the fundamental regulation on the legal framework for electromobility in Indonesia, also has a significant legal impact, notably in the quest to cut emissions and enormously increase EV usage drastically. 53 Indonesia's legal framework for electromobility is guided by regulating technological and non-technological characteristics. Nonetheless, concerns have been raised about the sustainability and viability of this program after 2024, when President Joko Widodo's second term ends. The successor president has the legal authority to amend legal instruments equal to the Presidential and Ministerial Regulations. The authors assert that Indonesia's legal development of electromobility is governed by autonomous and inconsistent delegated legislation. The term autonomous and inconsistent means that the legal instruments on electromobility in Presidential Regulations and Ministerial Regulations lack a firm legal foundation in legislation. However, as the author will show below, this condition has extremely broad ramifications.

IV. THE FUTURE OF ELECTROMOBILITY REGULATION AND ITS SUSTAINABILITY IN INDONESIA
Integrating economic, social, and environmental considerations into sustainability practices is a substantial challenge for the public and commercial sectors. 54 Environmental, social, and economic aspects are fundamental dimensions integratively mandatory in sustainability. These three aspects must be adopted integratively if applied in policies or regulations related to EVs. In short, sustainability reaches aspects of the planet, people, and profit together. 55 As a result, the public and private sectors must collaborate on economic, social, and environmental issues. 56 The collaboration between public and private sectors is carried out to ensure that the three dimensions of sustainability are well adopted in regulation and implementation. Combining these three facets poses difficulties and may balance economic, social, and environmental concerns. 57 Sustainability may be defined as a framework prioritizing current profitability and future security. 58 Therefore, economic, social, and environmental factors are visible when assessing sustainability levels.
Sustainability cannot be determined in a short period because the enhancement of economic, social, and environmental dimensions must be accomplished over numerous generations. Sustainability as a research-based concept encompasses several integrated, dynamic, interconnected, and complicated characteristics. 59 As a result, detailed research is required to ameliorate humanity's destiny. electromobility in Indonesia attempts to envision and forecast the future from regulatory and sustainable viewpoints in one of the industries most closely associated with human progress.
EVs have long been considered superior to traditional vehicles in technology, environmental friendliness, low noise, and low maintenance costs. 60 As a result, every country, including Indonesia, is attempting to increase public adoption of EVs. The Government of Indonesia is advancing the legal framework for electromobility, bypassing associated regulations. However, considerable research indicates that implementing the strategy will be difficult. 61 Moving from conventional to EVs is costly and requires a well-developed charging infrastructure. It is also inextricably linked to the technology employed, particularly in developing countries like Indonesia. 62 Another hurdle is the difficulty of accepting such cutting-edge technology in a less illiterate community. 63 This issue is also related to the economic and market aspects of EVs in Indonesia; penetration of EV products and variants will become increasingly difficult if a country's populace generally does not embrace the technology. 64 The Government of Indonesia appears to have identified and mitigated these impediments, as seen by adopting numerous rules on electromobility within a year. The Presidential Regulation on Electric Vehicles serves as a primary regulation for electromobility in Indonesia. It focuses on four main areas: industrial development acceleration and fiscal incentives, charging infrastructure provision and tariff regulation, technical and specification of electric vehicles, and environmental protection. 65 The authors assert that addressing three dimensions of sustainability is the triple bottom line idea: economic, social, and environmental.
Environmental indicators are the physical part of sustainability in the triple bottom line concept, implying that environmental changes can be seen and felt. 66 As a result, indicators in the form of particular figures are typically provided to measure sustainability on environmental dimensions. 67 A comparable study was conducted in the economic dimension, which quantified the necessary expenses and prospective profits. 68 The final component of sustainability is the social dimension. 69 The assessment focuses on the individual's and community's social impact in the social dimension. 70 In general, Indonesian regulations on electromobility have governed the three elements of sustainability; the following is the author's analysis of the following stated in There is an imbalance in regulation due to its emphasis on economic factors. Therefore, the Indonesian authorities must carefully evaluate these criteria if they wish to see the expedited rollout of EVs succeed as planned.
Another issue to consider is education and promotion regarding the critical nature of EV use. Increased public awareness and interest in EVs are positively connected with increased sales and use. 73 Consumers' willingness to buy EVs and abandon conventional vehicles is also influenced by the availability of clear and balanced information regarding the EV advantages. 74 In developing countries such as Indonesia, EVs have often been considered a luxury item that certain circles can only purchase. Balanced promotion and information will eliminate this public opinion.
Discourse on sustainability exists in Indonesia's 1945 Constitution andEnvironmental Protection andManagement Law 32/2009. 75 Article 33(4) of the 1945 Constitution states that principles adopted in implementing the national economy are sustainable and environmentally friendly. The provisions in this Article are generally about managing Indonesia's natural resources. Therefore, the use of EVs to reduce carbon emissions and mitigate climate change has a strong constitutional basis in the 1945 Constitution. Sustainability is one of Indonesia's principles adopted in environmental protection and management. 76 Therefore, if electromobility legal development in Indonesia makes the environment one of the essential aspects, sustainability will certainly be one of the principles used as a reference. In the long run, electromobility legal development that does not favor the environment will experience legal problems and even enter the realm of constitutionality.
the legal development of electromobility in Indonesia has a cascading influence on other industries. The most prominent example is the prohibition of nickel ore exports to fulfill the country's developing lithiumion battery industry. 77 The export embargo is economically tied to the increased nickel ore prices on the international market. 78 This requirement drew a response from the EU, which declared Indonesia's policy unlawful and then requested a panel hearing at the World Trade Organization (WTO). 79 The ramifications of Indonesia's legal development in electromobility for the transportation, mining, and foreign trade sectors, including restrictions on nickel ore exports. The authors' study has limitations in that it does not detail the impact of Indonesia's electromobility legal development. However, with Indonesia's rising ambitious output objectives and EVs, the impact on other industries is projected to dominate. As a result, determining how much this impact exists can be an exciting subject for authors and academics.

V. CONCLUSION
Given the recent global energy crisis, the change from fossil to electronic automotive has been increasingly inevitable. The steadfast development of electric vehicle is a part of the adaptation of this change, despite the issue of climate change becoming the main impetus for driving this transformation. The government has responded to this situation by establishing an electromobility legal ecosystem and providing incentives 77 Andante Hadi Pandyaswargo et al., "The Emerging Electric Vehicle and Battery Industry in Indonesia: Actions around the Nickel Ore Export Ban and a SWOT Analysis" (2021) 7:4 Batteries 80 at 3. 78 Byungkwon Lim, Hyeon Sook Kim & Jaehwan Park, "Implicit interpretation of Indonesian export bans on LME nickel prices: Evidence from the announcement effect" (2021) 9:5 Risks 1-7 at 6. 79 European Commission, "EU files WTO panel request against illegal export restrictions by Indonesia on raw materials for stainless steel," (2021), online: European Commission Press Release <https://ec.europa.eu/commission/presscorner/detail/en/IP_21_105>. both fiscal and non-fiscal to support the massive use of EVs. Indonesia's legal framework on electromobility was established through autonomous delegated legislation, such as presidential and ministerial regulations, to facilitate technological transfer that results in considerable fissures in Indonesia's current legal framework for electromobility. As a result, Indonesia's regulatory framework for electromobility is prone to inconsistency and develops against sustainability. The latter is indicated by the primary emphasis on economic interest instead of social and environmental aspects. The adoption of strong legal instruments is the key to promoting clean technology transportation transformation ecosystem but fulfilling social and environmental aspects is an anticipatory phase so that electric vehicle technology will not experience resistance from the public because of incompatibility with people's culture and customs.