Jakarta – Community groups calling themselves the Coalition Guarding the Constitution for Natural Resources visited the Ombudsman’s office. They reported maladministration in the process of making rules about new mineral and coal business activities.
The new rules are Government Regulation (PP) number 1/2017 as well as two implementing regulations namely ESDM Minister Regulation number 5/2017 and ESDM Minister Regulation number 6/2017. These three rules are accused by the Administrators of being involved in the process of not involving the community and being rushed.
“Now this is questioning, PP was born that night, Permen that night, in this context there is a community process to grant rights. This is not certain. Very fast the Ministerial Regulation was made, “said the coalition representative, Ahmad Redi, at the RI Ombudsman Office, Monday (1/23/2017).
In addition, according to Redi, PPs should be discussed first with relevant stakeholders. For example the Ministry of Industry and the Ministry of Environment and Forestry (KLHK)
“In the preparation of the PP there is a harmonization process, that is with the Ministry of Law and Human Rights, meaning there is a ministry of Energy and Mineral Resources, KLHK, Industry. With this short time I saw this impossible, this PP appeared immediately, the PP was born that night, the candy was also born at night, “Ahmad said.
Therefore, Ahmad Redi asked the Ombudsman to investigate the matter of alleged maladministration in the process of making the mineral and coal regulations.
“Are these facts in violation of administrative provisions so that if there are potential administrative violations, then we will make a written report and ask the Ombudsman to conduct an investigation,” Ahmad said.
Previously, on Us (12/1/2017), the government released Government Regulation (PP) number 1/2017 regarding mineral and coal mining business activities. In addition, the Minister of Energy and Mineral Resources Ignasius Jonan, also released the two regulations implementing the PP namely ESDM Minister Regulation number 5/2017 and ESDM Minister number 6/2017.
Ombudsman Response
Member of the Ombudsman in Economy II, Alamsyah Saragih, said that the coalition complaint will be processed after all the requirements are complete. One of the requirements is that the coalition must write to the Ministry of Energy and Mineral Resources about the objection to the alleged administration mall.
These requirements must be complete within 30 days or if within 14 days it is complete it will be processed. After that, only the Ombudsman will follow up by calling the relevant stakeholders to be questioned.
“We process it within 14 days, basically the goods enter directly the process, then the inspection will immediately be called and the collection of facts,” said Alamsyah.
Later, the Ombudsman will make a call to relevant stakeholders such as the Ministry of Law and Human Rights, the Coordinating Ministry for the Economy, the Ministry of Energy and Mineral Resources, and others. What will be tried to confirm is whether there is a process in making the regulation that has involved the community or not.
“We want to know that in the preparation of the Permen the public must know. In Law number 12 2011, the public has the right to provide input, please help in the process at any point where the public has been involved, whether it is representative to the community,” said Alamsyah. (hns/hns)
Source: here.
In Media, Media Coverage|PWYP Indonesia|January 23rd, 2017