Virtual judicial review hearing of Law No. 3 of 2020 on Mineral and Coal Mining (Minerba) presenting the Government, Wednesday (1/5/2022). Photo by Humas MK/Ifa.

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Wednesday, January 5, 2022 | 18:38 WIB

JAKARTA, Public Relations—The Government and the House of Representatives (DPR) asserted that the amendment to Law No. 4 of 2009 on Mineral and Coal Mining (Minerba) was important to rehabilitate the mineral and coal mining sector and improve the people’s welfare, said Ridwan Jamaludin, Director-General of Mineral and Coal Mining of the Ministry of Energy and Mineral Resources (ESDM) at the judicial review hearing of Law No. 3 of 2020 on the Amendment to Law No. 4 of 2009 on Mineral and Coal Mining (Minerba) and Law No. 11 of 2020 on Job Creation. The fifth hearing for case No. 37/PUU-XIX/2021 took place virtually on Wednesday, January 5, 2022 from the Court’s plenary courtroom.

“The Government and the House believed that it was important and necessary to amend Law No. 4 of 2009 on Mineral and Coal Mining in the effort to rehabilitate the mineral and coal mining sector in order to give more real contribution to the state and the people’s welfare. Its implementation, of course, is based on the principles of benefit, fairness, equitability, sustainability, and environmental friendliness, in line with the interests of the nation, legal certainty, participation, transparency, and accountability,” he said before the bench chaired by Chief Justice Anwar Usman.

Also read: Regional Government’s Role in Mineral and Coal Mining Law Questioned

Participation Possible

In response to the material judicial review of Article 4 paragraphs (2) and (3) of the Minerba Law, Ridwan said that the Petitioners misinterpreted them. He asserted that the Petitioners’ constitutional right to participate in giving inputs in relation to the management of mineral and coal mining was protected.

“The Government would like to assert that this was misinterpreted by the a quo Petitioners relating to the enactment of Article 4 paragraphs (2) and (3) of the Minerba Law and the disregard of the people’s rights, especially the right to participate in expressing aspirations because the control of mineral and coal mining did not abolish the people’s right to express their aspirations,” he explained.

Also read: Petitioners of Mineral and Coal Mining Law and Job Creation Law Revise Petition

Regional Government Has Authority

Ridwan added that the Petitioners had misinterpreted the central government’s delegation to the regional government to mean that the regional government had lost all rights to contribute to the management of natural resources due to the enactment of Article 4 paragraphs (2) and (3) of the Minerba Law.

“The Petitioners were inaccurate to understand that mineral and coal mining permit is as simple as what is laid in Article 4 paragraphs (2) and (3) only. Aside from that, Article 35 paragraph (4) of the Minerba Law clearly regulates that the regional government may accept delegated authority to issue certain permits, for example rock mining permits,” he explained.

Also read:

Govt Requests Hearing on Mineral and Coal Mining Law and Job Creation Law Be Postponed

House Denies Reduction of Regional Govt Authority on Mining Business

The case No. 37/PUU-XIX/2021 was filed by four petitioners—the Indonesian Forum for Living Environment (WALHI), the East Kalimantan Mining Advocacy Network (JATAM Kaltim), Nurul Aini, and farmer and fisherman Yaman (Petitioners I-IV).

The Petitioners challenge the provisions of the Minerba Law and the Job Creation Law: Article 4 paragraph (2), Article 7, Article 8, Article 11, Article 17 paragraph (2), Article 21, Article 35 paragraph (1), Article 37, Article 40 paragraphs (5) and (7), Article 48 letters a and b, Article 67, Article 72, Article 73, Article 93, Article 105, Article 113, Article 118, Article 119, Article 121, Article 122, Article 123, Article 140, Article 142, Article 151, Article 169C letter g, Article 173B, and Article 173C of the Minerba Law. They believe the articles to be multi-interpretive and harmful to their constitutional rights. therefore, they requested that the Court repeal those articles.

Writer        : Utami Argawati
Editor        : Lulu Anjarsari P.
PR            : Andhini S. F.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 01/06/2022 14:26 WIB

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

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