PWYP Indonesia, Seknas FITRA, Indonesian Human Rights Committee for Social Justice (IHCS), Kiara dan Perhimpunan Pengembangan Pesantren dan Masyarakat (P3M) who are members of the People’s Coalition for Mining Sovereignty on March 11, 2014, officially applied to the Court The Constitution (MK) as a related party for judicial review of article 102 and 103 of the Minerba Law by Apemindo.
The People’s Coalition for Mining Sovereignty rejects the petitioner’s argument in this matter Apemindo which states that article 102 and article 103 only contain obligations to increase mineral and coal value added through processing and refining and there is no prohibit for ore export prohibition. According to Apemindo the government’s only should control exports and production, not to prohibit ore exports.
In the Constitutional Court session with the agenda of listening to the statements of related parties on March 26, 2014, the People’s Coalition for Mining Sovereignty through its legal counsil during the trial stated that 1) Apemindo was not careful in understanding the provisions contained in the article being tested in depth.2) Articles 102 and 103 of the Law have provided legal certainty. If the Petitioner is concerned about the existence of legal uncertainty by arguing in Government Regulation Number 23/2010, ESDM Regulation Number 7/2012, ESDM Regulation Number 20/2013, PP Number 1/2014, and ESDM Regulation Number 1/2014, this is not the authority of the Constitutional Court to test the contradiction of these regulations. 3) Article 102 and Article 103 of the Minerba Law are clear and firmly regulating the added value by processing and refining domestic mining products, “he said.