Jakarta-Publish What You Pay (PWYP) Indonesia along with other element of civil society organizations in the civil society coalition, namely Natural Resource Constitutional Watch, reported to Ombudsman of the Republic of Indonesia last January 23 regarding the notion of maladministration in formulating mineral export easing policy.
The policies reported are Government Regulation no 1/2017 concerning the fourth change of Government Regulation no 23/2010 concerning the Implementation of Mineral and Coal Business Activity, Minister of EMR Regulation no 5/2017 concerning Increasing Mineral Added Value through Domestic Processing and Refining Activity and Minister of EMR Regulation no 6/2017 concerning the Procedures of Issuing Recommendations for Processed and Refined Mineral Export.
Those regulations allow the government to ease mineral export, both ore and concentrate. It also facilitate the operation extension of PT Freeport Indonesia and other Contract of Work holders through the issuance of Special Mining Permit (IUPK) which contradicts with the law.
Ahmad Redi, spokesman of the coalition said that the policy making process has not been conducted in accordance with the standard procedure of public officers, thus concluded as maladministration. “Both Government Regulation and Minister Regulation were processed in a short time and issued simultaneously, which indicate some procedures are being violated in these policy making process as governed in Law no 12/2011 about The Establishment of Regulation Legislation,” said Redi.
Policy making process of Government Regulation and Ministerial Regulation, according to Redy, shall follow several stages, such as harmonization of regulations that involved cross ministries such as Ministry of Law and Human Rights, Coordinating Ministry of Economy, Ministry of Energy and Mineral Resources, Ministry of Environment and Forestry and Ministry of Industry. Also the obligation to conduct public consultation. “We suspect that these stages are bypassed by the policy maker, given that both regulation were issued togethe,” said Redi, who also Lecturer in Law Faculty of Tarumanegara University.
Aryanto Nugroho, Manager of Advocacy and Network of PWYP Indonesia urged Ombudsman to immediately follow up the report and conduct an investigation in accordance with its authority. “Ombudsman shall investigate and reveal the facts related to the drafting process also follow it up if any violation in public administration found,” said Aryanto.
The report of alleged maladministration was directly accepted by the Commissioner of ORI Alamsyah Saragih. “Sure we accept that report, and will process it as soon as after the complainant completed all of requirements as applicable provisions,” said Alamsyah.
He said that his party will focus on procedural side in the policy making process, although it’s possible to reach the substance. “Related to the substance domain, the final result from ORI will be recommendations, which there is no sanctions if the reported party not fulfil this recommendation. On the other hand, for procedural side, it would be a policy audit with summon related policy makers,” added him.
For the government regulation itself, Alamsyah said, if the alleged maladministration is proven, his party will give recommendation for President to annul or revise the policy in certain time. “While for the minister regulation, ORI will give recommendation to Minister of MEMR to annul the regulation. If the ORI’s recommendation didn’t fulfilled by Minister of MEMR, administrative sanction will be imposed,” affirmed him. (ARY)