The material judicial review hearing of Law No. 3 of 2020 on Mineral and Coal Mining (Minerba), Monday (2/21/2022). Photo by Humas MK/Bayu.

---

Monday, February 21, 2022 | 21:44 WIB

JAKARTA, Public Relations—Article 4 paragraph (2) of Law No. 3 of 2020 stipulates that control over minerals and coal by the state as stated in paragraph (1) shall be implemented by the central government according to the provisions of this law. This means that only the central government has control over them, while Law No. 4 of 2009 stipulates that the central and/or regional governments did.

“Clearly there is the involvement of the regional government in control over minerals and coal,” said expert Franky Butar-Butar for the Petitioners 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 on Monday, February 21, 2022, which took place virtually from the Court’s plenary courtroom.

Butar-Butar, who is the chairman of the Center for Human Rights Law Studies of Airlangga University, said that when only the central government is granted control over minerals and coal, the people in the regions and the regional governments could harbor distrust in the central government.

“Deautonomy or the taking of this authority over mining to the [central government] space is a setback in mining management because it will limit, even eliminate access to information [and] public participation. In addition, it creates distrust among the public and reginal governments in the central government,” he added.

Also read:

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

Petitioners of Mineral and Coal Mining Law and Job Creation Law Revise Petition

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

Govt: Mineral and Coal Mining Law Amended to Rehabilitate Mining Sector

Expert: Mineral and Coal Mining Law Criminalizes Human Rights Activists 

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        : Nur R.
PR            : Andhini S. F.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 2/22/2022 11:24 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.

---