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Hasan Basri speaking on behalf of the DPD at the judicial review hearing of the Mineral and Coal Mining Law, Wednesday (21/10) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held another judicial review hearing of Law No. 3 of 2020 on the Amendment to Law No. 4 of 2009 on Mineral and Coal Mining on Wednesday, October 21, 2020. The hearing had been scheduled to hear statements by the House of Representatives (DPR), the Regional Representatives Council (DPD), and the president in cases No. 59/PUU-XVIII/2020, No. 60/PUU-XVIII/2020, and No. 64/PUU-XVIII/2020.

Also read:

Court Adjudicates Three Cases on Mineral and Coal Mining

Three Petitions on Mineral and Coal Mining Law Revised 

DPD member Hasan Basri spoke on behalf of the council that DPD had been involved in the planning and drafting of the medium-term national legislative program (Prolegnas) of 2020–2024 according to existing mechanism and statutory regulations. The DPD had conveyed its viewpoint and opinion through the DPD’s Committee II on Natural Resources Management based on the House’s letter on March 16, 2020 on the Discussion of the Mineral and Coal Mining Bill.

Hasan Basri said an official invitation had also been sent in early April 2020, but due to the pandemic the Ministry of Energy and Mineral Resources (ESDM) postponed the invitation. “Only on April 22, 2020 did House leaders resend an invitation to hear the DPD’s viewpoint and opinion, and on April 27, 2020 the DPD attended the virtual meeting,” he said virtually.

Also read:

Mineral and Coal Mining Law Challenged

Petitioners of Mineral and Coal Mining Law Revise Petition 

The petition No. 59/PUU-XVIII/2020 was filed by Kurniawan, a researcher at Sinergi Kawal BUMN, an organization focusing on monitoring, responding to, and providing input to SOEs in mining and coal. He believes the Mineral and Coal Mining Law regulates the relationship between the central and regional government as well as the exploration of natural resources. This means that the discussion of the Mineral and Coal Mining bill required the involvement of the Regional Representatives Council (DPD) as the people entrusted the DPD to represent regional interests in the formation of the law. 

The case No. 60/PUU-XVIII/2020 was filed by H. Alirman Sori and seven other petitioners. They claimed that their constitutional rights were violated because the formation of the law was discussed exclusively and privately without transparency as stipulated by existing laws and regulations. The discussion of the bill didn’t involve the DPD when it has the authority mandated by the Constitution in discussing bills relating to the relationship between the central and regional government as well as the exploration of natural resources and other economic resources.

Also read: Hearing on Mineral and Coal Mining Law: House and DPD Absent, Govt Asks for Delay 

The petition of case No. 64/PUU-XVIII/2020 was filed by by Helvis, an advocate specializing on mining, and Muhammad Kholid Syeirazi, the secretary of Nahdlatul Ulama’s Scholars Association (ISNU). They challenge Article 169A, which they believe has granted the minister too broad an authority to guarantee the extension to IUPK and reduced the role of BUMN (SOEs) and BUMD (Regional Government-Owned Enterprises). They believe it to be against Article 75 of the Mineral and Coal Mining Law.

Before concluding the session, Chief Justice Anwar reminded that the hearing would resume on Wednesday, November 11, 2020 at 11:00 WIB to hear an expert for the Petitioner of case No. 64/PUU-XVIII/2020.

Writer: Sri Pujianti
Editor: Nur R.
PR:  Raisa Ayudhita
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 10/26/2020 14:12 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.

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