One of the shareholders of PT Newmont Nusa Tenggara, PT Pukuafu Indah, which had filed a petition for the Law on Mineral and Coal Mining revoked the same request. Court granted the withdrawal of cases registered under No. 108 / PUU-XII / 2014. Previously, the applicant sued the work contract provisions contained in Article 169 letter b and Article 170 of Law on Mineral and Coal Mining.

Although the trial has been held on Thursday, October 23, 2014, the applicant sent a letter to recall petition for judicial review on Mining Law. The letters of withdrawal was received by the Court on November 6, 2014. In response to the recall, the Court held a Consultative Meeting of Justice (RPH). From the results of RPH, the nine Constitutional Justices agreed to grant the withdrawal.

However, according to the provisions set in Article 35 paragraph (1) and (2) of the Constitutional Court Act (PMK), the applicant can’t file the same in return. "The applicant cannot reapply for judicial review on Article 169 letter b and Article 170 of Act 4/2009 on Mineral and Coal," said Chief Justice, Hamdan Zoelva read statutes case No. 108 / PUU-XII / 2014 in the Plenary Room, Tuesday (11/11).

Earlier, the Applicant deemed both articles have been seized and obstructing their constitutional rights as set out in Article 27 paragraph (2), Article 28D (1), and paragraph (2), and Article 33 paragraph (2), paragraph (3), and (4) 1945. The legal uncertainty caused by the provisions of the work contract according to the Applicant has been hampering for the Petitioner as one of the holders of work contracts to perform direct sales of minerals and coal that have been mined.

Losses even considered more severe because mineral mining activities have been conducted by PT Newmont Nusa Tengggara for decades and now it’s in the verge of bankruptcy. It potentially happened because the other shareholders who come from abroad are feared to terminate his contract with PT Newmont Nusa Tenggara after realizing the terms of the in question contract of work. At that time, the applicant asked the Court to declare Section 169 letter b and Article 170 Law on Mineral and Coal Mining declared contrary to the Constitution and does not have binding legal force. (Yusti Nurul Agustin/kun)