Putu Gde Ariastita testifying as an expert for the president at the judicial review hearing of the Mineral and Coal Mining Law and the Job Creation Law, Tuesday (5/24/2022). Photo by Humas MK/Bayu.
Tuesday, May 24, 2022 | 15:12 WIB
JAKARTA, Public Relations—Zoning in the spatial plan depicts the future designation that must provide certainty for those who occupy the space. As such, zoning designation in spatial planning reflects the aspirations and agreements between various interests, sectors, synergies, and policies, said Putu Gde Ariastita, an expert presented by the president 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 Tuesday afternoon, May 24, 2022..
The lecturer at Institut Teknologi Sepuluh Nopember (ITS) further explained that zoning provided legal certainty and power in resource management. “In [my] opinion, zoning changes that are not periodic will show an indication of uncertainty in spatial use,” he said.
He stressed that spatial plans could be reviewed following existing regulations. The review could recommend revising the plans, but with a process and procedure much as a new spatial plan.
“Therefore, the spatial planning revision could allow activities whose permits are still in effect to remain and not causing any issues in the environment and be accommodated accordingly. We have experienced this when drafting the zoning plans for isles in East Java, and activities in progress were accommodated following the spatial plans,” he added.
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Putu Gde also explained that one of the spatial uses accommodated in spatial plan zoning was those relating to activities that had previously obtained permits. This means that activities that have obtained permits or formal programs in certain policies can be accommodated in the spatial plan zoning.
“An activity that has obtained a permit means that it has met the requirements that have been determined and has anticipated impacts that emerge. The business continuity of activities that already have permits need to be guaranteed by spatial planning through appropriate zoning. If the permit for the activity is then revoked, it is necessary to evaluate the implementation of the permit first, not of the zoning,” he explained.
Putu Gde also emphasized that IUP (mining business license), IUPK (special mining business license), and IPR (small-scale mining permit ) are areas that accommodate mining activities that already have legal legitimacy in the form of permits, so their sustainability need to be respected and ensured in spatial planning.
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Changes in Forestry Regulations
The president also presented Antam’s Director of Business Development Dolok Robert Silaban as a witness. Silaban asserted that Article 17A of the Minerba Law basically provides legal certainty for mining businesses, which are generally long-term investments, but so far there have been frequent changes to regulations in the forestry sector.
“As an example, PT Antam Tbk’s gold IUP in West Java. Prior to 2013, we had a lease-to-use forestry permit of approximately 95,000 hectares. However, after several changes to the forest area, including in 2013, we lost 22.38 hectares. In 2016, as a result of a change in forest area in order to accommodate facilities that impinged on the forest area, PT Antam Tbk must re-submit a [lease-to-use forestry (PPKH] request to the Ministry of Forestry and Environment. And for that, we obtained an additional 66 hectares. However, due to the buffer zone regulation in the area, which still contains gold potential, we cannot mine it entirely,” he explained.
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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).
They 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.
They believe the articles to be multi-interpretive and harmful to their constitutional rights. Therefore, they requested that the Court repeal those articles.
They also believe the removal of the phrase “and/or the regional government” in the provision of Article 4 paragraph (2) of the a quo law has degraded the local people’s dignity due to limited or lost chance of dignified participation in determining their future, and potentially stifled the initiative and creativity of regional governments and local communities, and weakened regional responsibilities in developing the regions and its people. In the end, it all depends on the attention and “gift” by the central government.
https://www.youtube.com/watch?v=sMjwdJEUdNA
Writer : Utami Argawati
Editor : Nur R.
PR : Andhini S. F.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 5/24/2022 10:38 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.
Tuesday, May 24, 2022 | 15:12 WIB 320