Chairman of PBNU, Ulil Abshar Abdalla, delivering his testimony at the judicial review hearing of Law No. 3 of 2020 on the Amendment to Law No. 4 of 2009 on the Mineral and Coal Mining (Minerba Law) on Friday (13/12). Photo by MKRI/Panji.
Jakarta (MKRI) – The Constitutional Court held another material judicial review hearing of Law No. 3 of 2020 on the Amendment to Law No. 4 of 2009 on Mineral and Coal Mining (Minerba Law) on Friday, December 13, 2024. The agenda of the eighth hearing of Case No. 77/PUU-XXII/2024 filed by Rega Felix was to hear testimony from several religious groups: Executive Board of the Nahdlatul Ulama (Pengurus Besar Nahdlatul Ulama or PBNU), Fellowship of Indonesian Churches (Persekutuan Gereja-Gereja Indonesia), the Bishops’ Conference of Indonesia (Konferensi Waligereja Indonesia (KWI), and Parisada Hindu Dharma Indonesia (PHDI).
PBNU was represented by Ulil Abshar Abdalla, PGI by Johny Nelson Simanjuntak and Cristina Chelsia, KWI by Marthen LP Jenarut, and PHDI by Ida Djaka Mulyana and Yanto Jaya.
NU: Distribution of the Natural Resources Management
Ulil Abshar Abdalla, representing the PBNU during the hearing, stated that NU is not only a civil society group that focuses on religion and education but also manages several professional units in various fields, such as universities and business entities, and collaborates with various parties, including in funding NU’s activities professionally. Therefore, the NU is ready to execute policies mandated by the government. Hence, Ulil added that the government's policy on mining is part of its effort to achieve justice in managing the country's natural resources.
“So far, corporates have benefited from the mining concession and the country’s natural resources. Corporates become an important foundation of the state’s economy. However, mining concessions allocated to the religious groups is an innovation to distribute the natural resources management more fairly. It is time to widen the scope of mining management beneficiaries, so it is proper for religious organizations that have contributed to the country through the education sector to be given the opportunity to manage [the mining concession],” Ulil explained.
PGI: Concern over Ecological Crisis
Johny Nelson Simanjuntak, representing PGI, stated that many of the church’s communities reside in the mining area, both of which have been or are to be explored. They suffer due to the actions of the mining companies, for example, the HKBP Church’s community in Parongil, North Sumatera, the Protestant Church’s community in Palopo Regency, West Sulawesi, and others. PGI has conveyed the issues to the state. However, the state has not properly addressed them to achieve social justice for all the Indonesian people. PGI, along with all of its members, decided that the directions of the service of the Indonesian churches are, among others, through the Main Task of the Joint Call (Tugas Pokok Panggilan Bersama).
“We have a socio-ecological call that PGI is concerned over the ecological crisis due to human greed, including mining companies and the wrong state’s policy that does not strictly supervise them. In addition, the church is concerned over the negative impacts of companies that manage their mining sites without coordination, unsupervised, and out of control,” Johny stated.
KWI: Focus on Service and Humanity
Marthen LP. Jenarut, representing KWI, explained that as a religious organization, KWI refuses the WIUPK offer because its main missions are service, worship, and humanity. From a moral perspective, the Catholic Church does not resist investment in the mining sector as long as it supports the principles of justice, sustainable ecology, and social welfare. In addition, KWI realizes its limitations and incompetence in participating in mining explorations.
“In terms of the natural resources, competence, and management. KWI chooses to do activities that support service, worship, and humanity,” Marthen explained.
PHDI: Innovation Worthy of Appreciation
Ida Djaka Mulyana from the PHDI stated that his party understood, appreciated, and respected the government policy on the opportunity to manage mining in Indonesia. It is because religious organizations are among the state’s important partners in developing the nation. As a Hindu religious council, the PHDI appreciates the government’s ideas and initiatives, often conveyed when meeting with related institutions or agencies.
Further, Djaka explained that PHDI has limited funding allocated through the Directorate General of Hindu Society Guidance amounting to 500 million rupiah to fund and manage the Hindu community in Indonesia. Hence, the idea of a religious organization’s self-sufficiency by managing mining became an innovation appreciated by the organization. Financial sufficiency will prevent intervention in the religious organization.
Apart from environmental issues that need serious attention in the mining business, Djaka admitted that the mining sector has contributed to the state budget and labor absorption. However, based on the environmental management principles in the Tri Hita Karana Teaching, including the environmental impact of mining management, PHDI cannot directly manage the WIUPK.
“Especially related to the mineral and coal mining which is mass produced for the interest of the society welfare which is managed out of control. Hence, currently, PHDI does not have the competence and is unable to bear the responsibility of the impact of the mining management. Thus, PHDI decided not to take the opportunity from the government and give it to the Rajaniti Hindu Indonesia,” Djaka explained.
Also read:
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Advocate Clarifies Meaning of 'Priority' in Mining Concession Review by CSOs
House and Govt Request for Minerba Law Hearing Reschedule
Govt: WIUPK Priority Offer Expands Capacity of Minerals and Coal Management
Govt Expert Explains the Capacity of Religious Groups to Manage Mining Sites
House: Priority over WIUPK Subjects to Specific Requirements
Mining Management Relevant to Islamic and Muhammadiyah Values
An advocate and lecturer, Rega Felix, submitted a judicial review of Article I number 4, which contains amendments to Article 6 paragraph (1) letter j and Article I number 26, which contains amendments to Article 35 paragraph (1) of Law Number 3 of 2020 on Amendments to Law Number 4 of 2009 on Mineral and Coal Mining (Minerba Law) against the 1945 Constitution of the Republic of Indonesia to the Constitutional Court. During the preliminary hearing on Wednesday, July 24, 2024, Rega argued that the WIUPK offered to religious groups as a priority does not satisfy the requirements of affirmative policy based on the 1945 Constitution.
The Government can still carry out priority offers as long as it does not use considerations based on ethnicity, religion, race, and intergroup. If the priority is given based on these considerations, it is clearly contrary to Article 28I paragraph (2) and Article 33 paragraph (3) of the 1945 Constitution. This is because the meaning of “priority” in the norm of the tested article is not clearly limited and may create a self-reference norm to the president.
In the petitum, the Petitioner requested that the Court declares the phrase “prioritizing the offer of WIUPK” in Article 6, Paragraph (1), letter j, as amended by Article I, point 4 of the Minerba Law, to be in conflict with the 1945 Constitution and conditionally without binding legal force as long as it is not interpreted as “prioritizing the offer of WIUPK without considerations based on ethnicity, religion, race, and inter-group.” Furthermore, the Petitioner requested that the clause “Mining businesses are carried out based on business licenses from the central government” in Article 35, Paragraph (1), as amended by Article I, point 26 of the Minerba Law, be declared in conflict with the 1945 Constitution and conditionally without binding legal force as long as it is not interpreted as “Mining businesses are carried out based on business licenses from the central government without considerations based on ethnicity, religion, race, and intergroup.”
Author: Sri Pujianti
Editor: N. Rosi
PR: Fauzan F.
Translator: Rizky Kurnia Chaesario
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.
Friday, December 13, 2024 | 17:03 WIB 46