Strengthening Legal and Investment Synergy: Opportunities and Risks in  Indonesia-China Renewable Energy Flows 

Ditulis oleh: Emmanuel Ariananto Waluyo Adi
Artikel diambil dari 10 tulisan terbaik dalam kegiatan Nagantara Essay Competition 2025 kategori Profesional

 

Indonesia and China have forged a rapidly expanding partnership in trade and investment,  with China as Indonesia’s leading foreign investor in recent years. Renewable energy  stands out as a strategic focus area for this bilateral engagement, aligning with both  countries’ climate goals and economic interests. Key Indonesian commitments – such as  its enhanced NDC under the Paris Agreement underscore the urgency of shifting from  fossil fuels to renewables. In this context, legal and investment frameworks are pivotal.  The Indonesian government has issued new regulations (for example, Presidential  Regulation No. 112 of 2022) to accelerate renewable projects, and China brings deep  expertise in clean-tech development and financing. These dynamics present opportunities for instance, China’s vast clean-energy investment could finance Indonesia’s transition  and create new industries. At the same time, there are risks to manage, including potential  policy misalignment, regulatory uncertainty, and dependence on foreign supply chains.  This essay examines how legal synergies and investment flows in the Indonesia–China  partnership can be leveraged for clean-energy growth, while mitigating associated legal  and strategic risks. 

 

Opportunities: Renewable Energy and Bilateral Cooperation 

Both Indonesia and China recognize a “moral responsibility” to lead in the clean-energy  transition, given their status as the world’s largest emerging economies and major emitters . China’s leadership in renewable technology offers clear benefits for Indonesia. As one  expert notes, “China can assist Indonesia with infrastructure investment and the  development of renewable energy technology industries, institutional capacity building,  and supporting the decarbonization of mineral processing and downstream industries” .  In practice, this has begun to materialize. For example, Chinese firms have already  invested in Indonesian solar manufacturing: Trina Solar (China) and SEG Solar (US 

backed) have opened solar-panel factories in Central Java. More broadly, China’s Belt  and Road Initiative (BRI) has directed nearly half of its overseas energy investments  (about US$20 billion in 2020) into renewable projects in the Indo-Pacific, signaling  strong financial capacity to support Indonesia’s goals. 

Indonesia’s immense renewable potential amplifies these opportunities. Analysis by  IESR finds Indonesia has over 7,700 GW of technical renewable capacity (more than  twice official estimates), especially in solar and wind resources. Joint Indonesia–China  initiatives can tap this potential. Scholars and policymakers propose a China–Indonesia 

Solar Partnership, involving co-development of next-generation solar cells and  deploying solar plus battery-storage across Indonesian islands. This collaborative  innovation ecosystem would leverage China’s technological mastery and Indonesia’s  abundant solar resource. As IESR observes, such a partnership is “ideal for both countries,  leveraging China’s mastery of solar cell technology and Indonesia’s solar energy  potential and need to build a green technology industry”. The envisaged projects are win– win: Indonesia gains technology transfer and new manufacturing jobs, while China  expands markets for its clean-energy firms.

These initiatives promise broader economic and diplomatic benefits. The Indonesian  mission notes that the clean-energy transition will “not only reduce emissions but also  create many new jobs and investment opportunities” . By industrializing renewables (e.g.  solar-cell production) and green mobility, Indonesia can diversify its economy and absorb  Chinese capital in productive, sustainable ways. Culturally, educational exchanges and  joint R&D foster mutual understanding and trust. In sum, when facilitated by coherent  legal frameworks, bilateral renewable-energy cooperation can strengthen the overall  Indonesia–China synergy across economy, law, and culture. 

 

Legal Frameworks and Investment Flows: Enablers and Challenges 

Realizing these opportunities depends heavily on robust legal and policy frameworks in  Indonesia. On the positive side, Indonesia has recently reformed its investment laws and  energy regulations to attract foreign capital in renewables. For example, the 2022  Renewable Energy Supply Regulation (Presidential Regulation 112/2022) introduces an  updated tariff regime and streamlined licensing for renewable power. Similarly,  Indonesia’s omnibus law reforms have eased investment restrictions in many sectors  (though with mixed results). Such measures can send strong signals to investors:  Indonesia is committed to enabling clean-energy projects through clear, binding rules. 

Legal synergies also arise from bilateral agreements. Indonesia and China have expressed  intent to deepen legal cooperation under their strategic partnership. Joint working groups  on energy and climate aim to harmonize technical standards (e.g. grid connection,  equipment certification) and expedite approval processes for cross-border projects.  Strengthening intellectual-property protections and knowledge-sharing agreements (for  example, on battery technology) can secure technology transfers, addressing companies’  concerns. Moreover, Indonesia is negotiating to join multilateral finance initiatives (like  the Just Energy Transition Partnerships) that can bring co-financing from G7 countries  alongside Chinese investment. Legal coordination within these forums can amplify  Indonesian bargaining power and reduce reliance on any single partner. 

Nonetheless, significant challenges remain. Indonesia’s legal environment is complex:  laws can change frequently, and decentralized authority (provinces, municipalities) adds  variability. For Chinese investors unused to Indonesia’s system, this poses operational  risk. For instance, local land-permitting laws, domestic-content requirements, and  ambiguous tariff-setting procedures have slowed some past geothermal and solar projects.  If these rules are unclear or applied inconsistently, projects may stall or become  unprofitable. Therefore, clarity and stability of regulations are vital. Indonesian  authorities can address this by codifying investment guarantees (such as protection  against expropriation, dispute resolution mechanisms, and stabilization clauses) in  contracts with Chinese firms. Updating the Negative Investment List and streamlining  bureaucratic processes (e.g. one-stop investment services) will also reduce friction. 

 

Risks in Bilateral Investment Flows 

Even with good laws, broader strategic and financial risks warrant attention. China’s  dominant role in global renewables is double-edged. On one hand, Chinese financing and  technology are indispensable to scaling up renewables quickly. On the other hand, there 

is risk of overdependence. Analysts note that “China is the largest financer of renewable  energy projects in the Indo-Pacific”, and more than half of its BRI energy investments in  2020 were in renewables. This extensive engagement is crucial for climate goals, but it  raises concerns among U.S. and European partners about Beijing leveraging its  investments for political influence. Indonesian policymakers must balance these  geopolitics. They should welcome the investment, while diversifying funding sources to  avoid excessive reliance on any single country’s technology or capital. For example,  collaborating with multilateral development banks or other Asian investors on projects  can mitigate influence risks. 

Another risk lies in supply-chain concentration. China currently controls the vast majority  of critical components for clean energy: over 80% of global solar-panel manufacturing  stages and about 90% of rare-earth metal processing. This dominance means that  disruptions (e.g. export restrictions or factory outages) could hamper Indonesia’s green 

projects or make them more expensive. Indeed, one analyst warns that “China’s  domination of the renewable energy market is a significant risk”, citing a scenario where  China’s wind and solar firms exploit a gas-supply crisis to expand markets. For Indonesia,  such vulnerabilities suggest the need to develop local capacity and diversify sources.  Policies could include incentivizing domestic assembly of solar panels, or collaborating  with third-party manufacturers (for instance, in other ASEAN countries or India) to  reduce single-point dependencies. Legal measures might require transfer of essential  technology to Indonesian partners, ensuring local skill-building. 

There are also financial risks. Large-scale renewable projects are capital-intensive and  often have long payback periods. If costs rise unexpectedly (due to currency shifts, tariff  changes, or supply-chain bottlenecks), investors may seek to renegotiate terms or exit  projects, leading to disputes. Establishing solid legal safeguards (e.g. clear renewable  energy tariffs, transparent bidding processes, and enforceable contracts) can manage these  risks. Indonesia’s regulators should ensure timely payment for power purchases and avoid  retroactive rule changes that undermine investor confidence. 

 

Policy Recommendations and Conclusion 

To harness opportunities while containing risks, Indonesia should pursue several policies.  First, continue legal reforms to make renewable investments transparent and predictable.  This includes finalizing supportive regulations (such as updated power purchase  agreements) and improving coordination among ministries. Second, deepen bilateral legal  dialogues with China: expand existing forums (like the Joint Commission on Strategic  Partnership) to cover renewable energy law, and pursue mutual recognition of standards.  Such steps would smooth joint venture negotiations and accelerate project approvals.  Third, bolster technical cooperation: invest in joint R&D centers and training programs  so that Indonesian agencies and companies better understand advanced renewable  technologies. This cultural and institutional exchange will pay off in more resilient  projects. 

The responsibility for advancing Indonesia-China renewable energy cooperation must be  distributed across relevant ministries and institutions. The Ministry of Environment  (KLH) should ensure that all bilateral projects comply with environmental safeguards and 

emissions reduction commitments under Indonesia’s updated NDC. The Ministry of  Energy and Mineral Resources must coordinate renewable energy roadmaps, set  transparent tariffs, and guide the phase-out of coal while encouraging clean energy  investment. The Ministry of Industry should promote domestic manufacturing of solar  panels, batteries, and green technologies, ensuring that Chinese investment supports  Indonesia’s industrial downstreaming strategy. The Ministry of Investment is tasked with  providing one-stop licensing and investor guarantees, cutting bureaucratic delays that  have historically deterred foreign partners. Meanwhile, the Ministry of Trade needs to  facilitate market access for green products and negotiate trade rules that align with  Indonesia’s renewable goals. The Coordinating Ministry for Infrastructure and Regional  Development must integrate these policies under a coherent cross-sectoral strategy. The  Ministry of Foreign Affairs should anchor cooperation within the broader diplomatic  framework, including the commemoration of 75 years of bilateral relations and  Indonesia’s role in BRICS and G20 platforms. The Ministry of Home Affairs plays a role  in synchronizing national policy with regional governments to avoid local bottlenecks in  land acquisition and permitting. Finally, state-owned enterprises such as PLN and  strategic BUMN like Danantara (in line with Law No. 19 of 2023 on State-Owned  Enterprises, which affirms their developmental mandate) have complementary roles: PLN  in executing power projects with Chinese partners, and Danantara in shaping public  communication so that the partnership is perceived as inclusive and legitimate. When  these ministries and agencies fulfill their tasks in harmony, Indonesia can maximize the  legal and investment synergy with China while safeguarding its sovereignty,  environment, and long-term development. 

Moreover, Indonesia should actively engage multilateral partners to complement Chinese  investments. Joining international green financing initiatives can attract concessional  funds and technical assistance, reducing financial strain on Indonesian budgets and  adding layers of oversight. In parallel, domestic policies should encourage local  participation: for example, requiring that major renewable projects include an Indonesian  equity component or skill-transfer obligations. These measures ensure that investment  flows build domestic capacity and are less susceptible to external shifts. 

In conclusion, the synergy between Indonesia and China in legal, cultural, and investment  domains holds great promise for advancing sustainable energy. By aligning legal  frameworks with strategic goals, Indonesia can maximize Chinese investment in  renewables while safeguarding its autonomy and environmental priorities. As experts  emphasize, effective legal frameworks are key to accelerating the transition to renewable  energy. With careful policy design and international cooperation, Indonesia can turn the  challenges of bilateral investment into a robust opportunity for green growth and  strengthened diplomatic ties. 

 

References 

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