Jakarta – The organizational structure of the Ministry of Energy and Mineral Resources (KESDM) has now entered a new era with the presence of the Directorate General of Law Enforcement (Ditjen Gakkum) through the issuance of Presidential Regulation (Perpres) Number 169 of 2024 concerning the Ministry of Energy and Mineral Resources, signed by President Prabowo Subianto on November 5, 2024, which is expected to enhance supervision and law enforcement in the energy and mineral resources sector.
The new Directorate General has been tasked with organizing policy formulation, policy implementation, coordination and synchronization of policy implementation, preparation of norms, standards, procedures, and criteria, providing technical guidance and supervision, as well as implementing monitoring, analysis, evaluation, and reporting in the fields of prevention, handling, complaints, supervision of legal compliance, investigation, imposition of administrative sanctions, application of criminal law, and support for energy and mineral resources law enforcement operations.
Aryanto Nugroho, National Coordinator of Publish What You Pay (PWYP) Indonesia, welcomed the establishment of the Directorate General of Gakkum KESDM, which is also a public demand for stricter supervision and firm law enforcement.
“The presence of this directorate is expected to overcome various acute problems that occur in the energy and mineral resources sector,” he said.
This sector is still associated with various problems and violations, which are implications of weak supervision and law enforcement. For example, abandoned coal mining holes in East Kalimantan have claimed lives. The rampant illegal mining, where more than 2,700 illegal mining points are spread throughout Indonesia, especially in Kalimantan, Sumatra, and Sulawesi (KESDM, 2023).
Mining activities on small islands are rampant. For example, the Constitutional Court (MK) Decision that rejected the judicial review lawsuit against Law Number 27 of 2007 concerning the Management of Coastal Areas and Small Islands (PWP3K) filed by PT Gema Kreasi Perdana (GKP) should have strengthened the absence of mining activities on small islands. However, the opposite occurred: mining activities continued on Wawonii Island, which is 715 square kilometres, and Kabaena Island, which is 873 square kilometres.
In the downstream oil and gas (migas) sector, For example, in the downstream oil and gas sector, the distribution of subsidized fuel oil (BBM) remains overshadowed by the BBM mafia. The case of Ipda Rudy Soik in East Nusa Tenggara further emphasises the existence of the BBM mafia in Indonesia.
“The series of problems above emphasise the importance of supervision and law enforcement. On the one hand, in the current era of digital and risk-based licensing, strengthening supervision and law enforcement is the main prerequisite,” Aryanto stated.
In terms of implementing the duties and functions of the Directorate General of Gakkum KESDM, continued Aryanto, PWYP Indonesia encourages the existence of an institutional mechanism that builds collaboration, synergy, and integration of the ESDM sector from upstream to downstream. At the same time, the Directorate General of Gakkum must also ensure that there is space for community participation and public complaints in supervision, especially for those directly in contact with the impacts of ESDM sector activities.
Meanwhile, Syaharani, Plt. Head of the Environmental Governance and Climate Justice Division of the Indonesian Center for Environmental Law (ICEL) encouraged KESDM to immediately build an institutional mechanism for supervision and law enforcement in the regions.
“Responding to the many problems of law enforcement in the regions, shortly, the Ministry of ESDM will build an institutional mechanism for law enforcement in the regions. One of the current issues is related to the lack of mining inspectors, which makes supervision difficult to carry out comprehensively,” he concluded.
As is known, institutional capacity is a challenge in implementing mining licensing supervision. One challenge is the ratio of the number of mining inspectors, which is inadequate relative to the number of permits that need to be supervised (PWYP Indonesia, 2021).
Currently, the number of mining inspectors in Indonesia is recorded at 492 (KESDM, 2023), while the permits that must be supervised are much more significant, totalling 4,409 permits, including Mining Business Permits (IUP), Special Mining Business Permits (IUPK), People’s Mining Permits (IPR), Work Contracts (KK), Coal Mining Business Work Agreements (PKP2B) and Rock Mining Permits (SIPB) (KESDM, January 2024)
Separately, the Coordinator of POKJA 30 East Kalimantan, Buyung Marajo, reminded us that the people in the regions are most affected by the negative externalities of mining activities. The granting of permits for mining businesses is often not transparent and ignores environmental sustainability.
“The permits are at the Center (issued by the central government), but we feel the impact of the damage in the regions. The implementation of policies is often corrupt, resulting in conflict, environmental damage, and criminalization,” he said.
Various steps and efforts to supervise and encourage law enforcement by the government, said Buyung, should have promoted significant efforts towards law enforcement in the natural resources sector of East Kalimantan.
“Many Task Forces (Satgas) have been formed, and there have been various meetings, but there have been no significant actions. What happened was that illegal mining became more rampant. Likewise, post-mining holes were left without reclamation, even claiming lives. Coal transportation activities using public facilities (public roads) further exacerbated the damage to road infrastructure, leading to conflict, environmental damage, and criminalization. The damage to this infrastructure certainly burdened state/regional finances,” he said.
The existence of the Directorate General of Gakkum is certainly awaited to answer existing problems with the hope that there will be increased supervision and increased law enforcement. “We look forward to changes for the better. Proof that the state takes firm action against violations committed by the people or government and security apparatuses who commit violations or illegal acts. Until now, the state has always been weak and helpless when dealing with investors and entrepreneurs with military networks, for example. “The violation occurred right before their eyes,” said Buyung.
Contact Person:
- Aryanto Nugroho – aryanto@pwypindonesia.org
- Syaharani – syaharani@icel.or.id
- Buyung Marajo – buyung@tenggarong.com