Jakarta – The Anti-Mafia Mining Coalition urges Governors in 31 Provinces across Indonesia to immediately complete the control of mining permits (IUP) which are still Non-Clear and Clean (CnC) status. The regulation is mandated by Ministerial Regulation No. 43/2015 concerning Procedures for Evaluating Minerba IUP Issuance which was born from the recommendations of the Coordination and Supervision (Korsup) in the mineral and coal (minerba) sector carried out by the KPK.
Until now there are still a lot of homeworks to be done, including almost 4,000 non-CnC IUPs that have not been regulated throughout Indonesia. In addition, as many as 6.3 million hectares of mining permits are still in Conservation Forests (1.37 million hectares) and Protection Forests (4.93 million hectares), whereas Law 41/1999 on Forestry states that both regions must be free from the mining industry.
At present, there are still arrears by the IUP, KK, and PKP2B companies there are around Rp 25 trillion in uncollectible state receivables from the PNBP sector. And also as much as 75% of IUPs have not paid their reclamation and post-mining guarantee obligations, and as many as 1087 IUP NPWPs have not been identified.
A number of recommendations from the Korsup Minerba KPK have been delegated to stakeholders in the Minerba sector at both the National and Local Government levels. The recommendations include evaluating the implementation of mineral and coal in regions that are the authority of the Governor, after the stipulation of Law 23/2014 on Regional Government.
Therefore, the Ministry of Energy and Mineral Resources has followed up by issuing Minister of Energy and Mineral Resources Regulation No. 43/2015 regarding Evaluation Procedures for the Issuance of Mineral and Coal Mining Business Permits which regulates the evaluation of IUP issuance based on 5 (five) criteria including administration, territorial, technical, environmental, and financial. Determination of the deadline for the submission of the results of the evaluation of the issuance of IUP by the governor up to 90 working days since the issuance of the candy at the end of December 2015 or around mid-May 2016. (for IUPs that have been recommended by the C&C prior to the enactment of ESDM Regulation No. 43 of 2015).
To note, the purpose of Korsup Minerba is to identify problems and reform the management of the mineral and coal sector in Indonesia. In its implementation over the past three years, the KPK has focused on five (5) main problems, namely 1) structuring IUP, 2) carrying out financial obligations, 3) controlling mining production, 4) controlling sales, 5) shipping of mining products and processing/refining results mine. Korsup Minerba covers 31 provinces throughout Indonesia.
The findings and recommendations in Korsup Minerba above are important to be guarded by civil society so that their implementation can fix the chaotic chaos of mineral and coal management completely. Therefore, the Anti Mafia Mining Coalition urges:
Governors in 31 Provinces to immediately follow up on Permen 43/2015 to revoke Non-C&C IUP no later than May 12, 2016.
The Minister of Energy and Mineral Resources was asked to use the authority under Law No. 4/2009 of 2009 article 152 in cracking down on IUPs with problems.
The government immediately bills all unpaid company financial obligations in the PNBP sector.
The government is to immediately curb all permits (IUP and PKP2B / KK) that enter the conservation and protection forest areas.
President Jokowi to immediately issue a Presidential Regulation concerning the Mining Moratorium.
Provincial Government through PPID must open access to information related to mining data in accordance with Law No. 14 of 2008 concerning Public Information Openness.
Anti-Mafia Mining Coalition:
Auriga Nusantara, JATAM, PWYP Indonesia, ICEL, Seknas FITRA, Indonesian Corruption Watch