Chief Justice Anwar Usman chairing the material judicial review hearing of Law No. 3 of 2020 on Mineral and Coal Mining, Tuesday (3/22/2022). Photo by Humas MK/Ifa.

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Tuesday, March 22, 2022 | 18:16 WIB

JAKARTA, Public Relations—Public participation relating to mineral and coal mining remains accessible after Law No. 3 of 2020 on the Amendment to Law No. 4 of 2009 on Mineral and Coal Mining (Minerba). The provision in the law delegates the authority to the provincial government, said University of Indonesia’s (UI) public policy expert from the Department of Administrative Sciences, Faculty of Social and Political Sciences Eko Prasojo at the material judicial review hearing of the Minerba Law and Law No. 11 of 2020 on Job Creation on Tuesday, March 22, 2022 in the plenary courtroom.

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).

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Eko also explained that the Minerba Law allows delegation of authority over mineral and coal mining to the provincial government as stated in Article 35 paragraph (4). He believes the delegation model to the provincial government as an autonomous region is carried out by the government by considering the principles of autonomy, co-administration, and de-concentration.

“The meaning of delegation of Law No. 30 of 2014 on Government Administration in general also includes decentralization as referred to in Law No. 23 of 2014 as lex specialis for the administration of the regional government,” he said at the hearing chaired by Chief Justice Anwar Usman.

In addition, Eko quoted Article 35 paragraph (4) of the Minerba Law: “The Central Government may delegate the authority to grant Business Permits as referred to in paragraph (2) to the Provincial Government in accordance with the provisions of the legislation.” The delegation of authority in business licensing by the central government to provincial regional governments is based on the principles of effectiveness, efficiency, accountability, externality in the administration of government affairs, including the granting of community mining permits and rock mining permits.

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

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According to Principles

Eko also asserted that the withdrawal of mineral and coal mining authority as regulated in Law No. 3 of 2020 on Minerba Law was in accordance with the principle of delegation from the central government to regional governments. The delegation must pay attention to the regional government’s ability to regulate and manage or to govern, the damage caused by bad governance.

“And also the efficiency level of state finances and a greater economy, sustainable development goals, as well as the existence of the state,” he added.

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Eko also responded to the Government’s legal counsel’s question of state’s control over mineral and coal mining by the central government pursuant to Articles 18A and 18 of the 1945 Constitution. He believed that the regional government is the distribution of executive power in the regions. The power of the provinces and regencies/cities is basically the power held by the president in accordance with the constitutional mandate.

“So, the authority of the regency/city and provincial governments is the government authority delegated or attributed to the law that regulates it, whether it is the Law on Regional Government or the law that sectorally regulates the affairs delegated to the regional government. Thus, the central government, of course along with the House, which has the power to form laws, can withdraw the regional government’s authority in accordance with the development of social, political, and economic situation at a certain time,” he explained.

Also read:

Expert: Mining Control by Central Govt a Setback 

Witnesses Explain Impacts of Loss of Regional Govt’s Authority in Mineral and Coal Mining Law

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. 

https://www.youtube.com/watch?v=UJbwbi1mKWc

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

Translation uploaded on 3/23/2022 11:48 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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