Court: Determination of WP and WUP by the Government after Local Government Specified
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The authority of the government to manage the mineral and coal mining (Mining) in setting Mining Areas (WP) is done in close coordination with local authorities (government) should be according to the Constitutional Court by the government’s determination WP after the local government and determined in consultation with Parliament. In addition, in determining Territory Mining (WUP), government defined it after being determined by the local government.

It was thus part of the core decision No.10/PUU-X/2012 registered with. "Passing, stating: To grant the petition in part," said Moh. Mahfud MD as Chairman of the Plenary Session is also Chairman of the Constitutional Court when reading the verdict, Thursday (22/11) afternoon, at the Plenary Court Courtroom.

In the ruling that was read by Mahfud, the court held that the phrase "after coordinating with the local government" in Article 6 paragraph (1) letter e, Article 9 paragraph (2), Article 14 paragraph (1), and Article 17 of Law no. 4/2009 on Mineral and Coal Mining (Mining Law) contrary to the 1945 Constitution and have no binding legal force throughout not be interpreted "as determined by the local government."

Furthermore, the Court also stated that the phrase "coordination as referred to in paragraph (1) is done with" in Article 14 paragraph (2) contrary to the Mining Law and the 1945 Constitution and have no binding legal force throughout not understood "The determination referred to in paragraph (1 ) done by ".

Meanwhile, according to the Court, Article 6, paragraph (1) letter e became more Mining Law, "Determination WP made after specified by the local government and in consultation with the House of Representatives of the Republic of Indonesia". Whereas, Article 9 paragraph (2) more into, "WP referred to in paragraph (1) shall be determined by the Government after consultation with the local government and legislature of the Republic of Indonesia".

The Court also affirmed that Article 14 paragraph (1) Mining Law to be more, "Determination by the Government after the WUP is determined by the local government and submitted in writing to the House of Representatives of the Republic of Indonesia". And, Article 14 paragraph (2) more into, "The determination referred to in paragraph (1) of the local government concerned based on the data and information held by the Government and local government."

And lastly, the Court also said in his ruling that Article 17 of Mining Law to be more, "Extent and limits WIUP metallic minerals and coal are set by the government after a set by local governments based on the criteria that are owned by the Government".

Mining Law petition was filed by the Regent of East Kutai Regency, Isran Noor. He invoked Article 1 point 29 along the phrase "and not bound by administrative boundaries", and Article 6, paragraph (1) letter e, Article 9 paragraph (2), Article 14 paragraph (1) and paragraph (2), Article 17 and Article 171 paragraph (1) along the phrase "to get government approval" that are contrary to the 1945 Constitution.

Isran Noor argued that it had harmed the rights and / or authority by the provisions contained in the Mining Law. Because these articles, said Petitioner can not establish WP and WUP and establish broad and WIUP boundary in the East Kutai regency in governance in the field of energy resources of metallic minerals and coal.

He also said that the central government should delegate powers cq WP setting authority and WUP and establishing broad and WIUP limit government to the regional governments in the region to meet the vertical nature pursuant to Article 33 paragraph (2) and paragraph (3) and Article 18 paragraph (5) of the 1945 Constitution. (Shohibul Umam / mh/Yazid.tr)


Thursday, November 22, 2012 | 17:58 WIB 127