The Constitutional Court (MK) held a further hearing judicial review of Act on Mineral and Coal Mining with a case number 113/PUU-X/2012, Thursday (28/2). The trial court filed by Hazil Ma’ruf at this time heard Petitioner testimony, the fact of the government witnesses, and experts from the Government.

Previously, the Petitioner in his petition argued that one of them is that Article 125 paragraph (2) Mining Law throughout the phrase ‘classification and qualifications set by the minister’ is contradictory and discriminatory. Classification and qualification of existing mining operations in the terms stipulated in the Minister of Energy and Mineral Resources No. 28 Year 2009 on Organizing of Mining Services Business and amendments to the Regulation of the Minister of Energy and Mineral Resources No. 24 of 2012. Mining Business Services category was distinguished by consulting, planning, implementing, and testing equipment.

To prove their argument, the Applicant at the hearing attended by eight constitutional judges, except Maria Farida Indrati, produce witnesses and experts. Petitioners’ witness, Tedi Marbinanda first opportunity to present testimony before the plenary of judges chaired by Chief Justice of the Constitutional Court, Moh. Mahfud MD in the plenary hall, 2nd floor of the Court Building. Tedi which is a small-scale tin mining entrepreneur convey the loss felt by the effect of Article 125 paragraph (2), Article 126 and Article 127 of Act 4/2009 on Mineral and Coal Mining.

Tedi worried his business went bankrupt because of the requirement that feel very burdensome for Mining Business License (IUP) and the Special Mining Business License (IUPK). Tedi said that currently many miners who quit mine. When the miners usually find mine can directly come to PT Timah to be followed up, but currently cannot. "If it is reported to the PT Timah, later by PT Timah will be further processed by a mechanism that is there. If already qualified, it will be out contracts for our cooperation. Now, from mid-December to date the contract was terminated because of unclear rules," said Tedi.

Tedi admitted, his efforts could go into small scale mining business classification after inflated here and there. This can be done because Tedi has a background in mining engineering degree. However, Tedi revealed that small miners are not currently able to do so many miners mining business that does not work anymore. PT Timah is experiencing confusion and they hit it.

If he has a background in mining engineering degree, we understand there are classifications only to dig in and start processing. If now, mining service providers such as himself do not work if people do not work at all. "If you want to be adjusted such that the rules in Candy (Candy Penyeleggaraan Mining Services Business and amendments, red), we actually jacked-jack can only be entered into the classification of a small," said Tedi.

Keep Classification and Qualification

Witness the fact of Government, Ichwan Aznardi reported why there needs to be classified and qualified mining business. At the start of the year of 2000 and, at that time people go to mass and mine at the mining sites using IUP. However, finally PT Timah even the police could not control the mining business that became "wild" is. In fact, many lead ore was freely traded and exported to a foreign country without being able to be monitored by PT Timah. That’s why in the end PT Timah did not gets optimal results for its tin ore production is sold to another party. "Well, for this incident, this situation, the management of the governance management tightening," said Ichwan.

To prevent any confusion caused by independent mining, PT Timah also made governance changes that aim to conserve reserves of the company, improve the efficiency and effectiveness of mining, structuring and conduct reclamation area. To achieve this goal governance changes, PT Timah was doing mining work plan must be made entirely by the PT. Tin mining operations to be controlled entirely by the PT. Tin, and empowerment around the mining site.

Experts from the Government were also expert Mining, Irwandi Arif expressed similar things. He delivered the classification and qualifications necessary mining services business. "Can I conclude that for a business diploma alluvial mining services team got the attention of local government to business services and the community about the opportunity the partnership in the implementation of extracting alluvial tin. It is seen from the qualifiers adjustment Ministerial Regulation No. 24 Year 2012 that refining of Ministerial Regulation No. 28 Year 2012. The minister is determined by the classification and qualification of mining services business, not a license to individual or cooperative enterprises of mining services business. I do not see any contradiction and discrimination," said Yusuf. (Yusti Nurul Agustin / mh)