One of the PT Newmont Nusa Tenggara’s shareholder, PT Pukuafu Indah appealed for judicial review on Ore and Coal Act (UU Minerba). PT Pukuafu pleaded for contract of work requirement as contained in Article 169 letter b and Article 170 UU Minerba. The Preliminary trial was held on Thursday (10/23) at MK Plenary Room, MK building.

The Plaintiff, represented by Arisman said that regulation in Article 169 letter b, Article 170, and Article 103 verse (1) UU Minerba were undergone paradoxical. As shown in the Article 169 letter a which said any contract validated before the ruling of the Act will be adjusted as determined until the contract lasted. Meanwhile, letter b of which said that contracts must be adjusted within a year after the Act took place. Article 170 also ordered contracts holder to account sheltering.     

The ruling has seized and hindered Plaintiff’s Constitutional Rights as determined Article 27 verse (2), Article 28D verse (1), and verse (2), Article 33 verse (2), verse (3), and verse (4) 1945 Constitution. The legal uncertainty sets other hurdles as he was hindered to directly sell the mined ore and coal.  

The disadvantages are more even bigger due to the bankruptcy eyeing the decades-strong PT Newmont Nusa Tenggara. Foreign investors are feared to revoke their fund as the contract regulation takes part.

Existence of reviewed Articles are also seen trespassing Newmont-government agreement. Newmont Nusa tenggara is government’s partner in ore mining sector. The contract was signed by Suharto in 1986.

Constitutional Justice Ahmad Fadlil Sumadi suggested the Plaintiff to revise their argumentation. The contending Articles to the Constitution haven’t found a place in their petition. “Yout explanation is frenetic but the main idea is faint,” Fadlil said. One I can accept is that the Country was considered hurting the contract. “Should the Country commits the contract but instead it breaking its own rule, right? But what is disadvantaging you?” Fadlil asked.(Yusti Nurul Agustin/mh)