Government experts: Determination of Mining Area Must Have Government’s Permission
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Mining zoning laws to build a politics of national energy security. Thereby granting mining permits shall be controlled through zoning in advance of mining by the government. If this is not controlled, then the national energy security and sustainability can not be guaranteed in this case would threaten the national energy supply.

This was stated by Arif Zudan Fakhrulloh as Government Experts in testing the hearing of Law No. 4 of 2009 on Mineral and Coal Mining (Mining Law), which held the Constitutional Court (MK) on Thursday (12/4) at the Plenary Court Room. Petition with the Court Clerk’s registered number 10/PUU-X/2012 is filed by Ishan Noor represented by Robikin Emhas et al.

"In the empirical level, there are the affairs of government that can not be parallel with administrative boundaries. Government affairs based ecosystem or ecologically based. For example are maritime affairs, forestry matters, mining matters difficult to be paralleled by an administrative boundary. Therefore, the region associated with forestry or forestry affairs. Then it should be viewed as an ecosystem, and then the forestry business may be beyond the administrative area. Similarly, the mining business, mine can go beyond the areas of administration, "explained Zudan in front of judges, chaired by the Chief Justice of the Constitutional Court, Moh. Mahfud MD.

According Zudan, the boundaries of the regional authority for the affairs of government are based on ecological or often not appropriate when associated with the administrative boundaries of the areas concerned. He also explains the externalities created by the implementation of government affairs in forestry, mining, and marine-based ecological often overstepped the bounds of administrative districts of the city. "Therefore, to the affairs of government programs based on this administrative area there should be affirmative policy of the state in accordance with the law of politics that is built by the state," he explained.

Meanwhile, other Government Experts, which argued by Hadiyanto potential mineral and energy resources, should be delineated as the national designation of mining area in the national spatial plan and regional spatial structure. Synchronization of minerals and coal exploitation of a national spatial plan and the region, need to be followed by the delineation of potential mineral and coal nationwide to be more efficient and scalable through the delineation of mining area (WP), Mining Areas (WUP), Region State Backup (WPN), and Backup of the People’s Region (WPR) and the Regional Mining Permit (WIUP) as mandated by the Act No. 4 of 2009 on Mineral and Coal. The role of central government is in the determination of WP, WUP, WPN, WPR, and WIUP. Database development mineral and energy commodities coal and other mineral resources; have been implemented by the central government.

"With regard to the geology principles and refers to the principles of geology that has been developed well, the delineation of the determination of WP, WUP, WPN, WPR, WIUP, would be very appropriate and efficient if done by the central government in coordination with local governments," he said.

In the main petition, the Petitioner, represented by its legal counsel, Robikin Emhas argued that the constitutional rights violated by the enactment of Article 1 number 29, number 30, number 31, Article 6 paragraph (1) letter e, paragraph (2), Article 9, Article 10 letter b and c, Article 11, Article 12, Article 13, Article 14, Article 15, Explanation of Article 15, Article 16, Article 17, Article 18 and Article 19. (Lulu Anjarsari / mh/Yazid.tr)


Friday, April 13, 2012 | 20:40 WIB 89