JAKARTA, KOMPAS.com – The Ombudsman of the Republic of Indonesia (ORI) follows up on a report registered by the civil society coalition today, Monday (1/23/2017), related to alleged maladministration in making regulations on mineral relaxation.
Regulations that are contested are the Regulation of the Minister of Energy and Mineral Resources (ESDM) Number 5 of 2017 and ESDM Ministerial Regulation Number 6 of 2017.
Minister of Energy and Mineral Resources Ignasius Jonan will be questioned by the Ombudsman regarding the process of making the two derivative rules of Government Regulation Number 1 of 2017.
“We will try to call several parties to carry out a policy audit. This audit policy was carried out to find where maladministration occurred, “Ombudsman commissioner Alamsyah Saragih said in Jakarta on Monday.
Alamsyah said that the examination and clarification process could be carried out within two weeks. Alamsyah added that it might be possible to give suggestions for improvements to the ministerial regulation.
However, if the policy makers have preceded with a firm statement that there will be no change in policy, the audit process will continue.
“We can provide recommendations to be canceled,” said Alamsyah.
Not only Ignasius Jonan, Alamsyah said, the Ombudsman will also call on parties related to policy making such as those from the Ministry of Law and Human Rights and the State Secretariat.
Based on article 1 point 3 of Law No. 37 of 2008 concerning the Indonesian Ombudsman, maladministration is defined as behavior or acts against the law, beyond authority, using authority for other purposes than that of that authority.
Such behavior includes negligence or neglect of legal obligations in the administration of public services by State Administrators and governments.
It also includes individuals who assist the government in providing public services that cause material and / or immaterial losses to the community and individuals.
As is known, on January 11, 2017 is the expiration of the extension of concentrate exports approved by the government since the issuance of Law Number 4 of 2009 concerning Minerba.
In this regulation, the mining industry may not import raw minerals anymore, it must be in the purified form. Therefore, there is also an obligation for mining companies to build smelters.
However, from 2009 to 11 January 2017 the development of the smelter project seemed to be stalled and the government decided to move quickly so that the export of raw concentrate would not drag on.
On 11 January 2017, the government with various considerations re-relaxed the rules on the export of concentrates, even raw minerals, for nickel and bauxite.
The Government issued Government Regulation (PP) Number 1 of 2017 as the fourth revision of PP Number 23 of 2010 concerning Implementation of Mineral and Coal Mining Business Activities (Minerba). The rule is a regulation derived from the Minerba Law.
In addition to the PP, Minister of Energy and Mineral Resources (ESDM) Ignasius Jonan ‘also stipulated Regulation of the Minister of Energy and Mineral Resources Number 5 of 2017, and Minister of Energy and Mineral Resources Number 6 of 2017, both of which were promulgated on January 11, 2017, as a technical elaboration of PP No 1 of 2017.
Source: here.
kompas.com |In Media, Media Coverage|PWYP Indonesia|January 23rd, 2017