Jakarta, CNN Indonesia – Several non-governmental organizations that are members of the Civil Society Coalition of Constitutional Guards assess the issuance of new regulations regarding mineral and coal mining operations (Coal and Mineral) as the government’s inconsistency in implementing mineral downstream.
Coalition representative Ahmad Redi said the two regulations referred to were Ministerial Regulation (Permen) of Energy and Mineral Resources (ESDM) Number 5 of 2016 and Ministerial Regulation (Permen) of Energy and Mineral Resources (ESDM) Number 6 of 2016. In regulation, the government still allows the implementation of mineral exports.
It is contrary to the article of Law (UU) Number 4 of 2009 concerning Coal and Mining. He said that the issuance of the two Permen was a wishy-washy attitude of the government even though the basic rules for mineral and coal had been issued eight years ago.
“It is as if this country is inconsistent with the regulations it makes, and this straddles the law,” said Redi, Wednesday (18/1).
The inconsistency, continued Redi, had even happened repeatedly before this.
The first is Ministerial Regulation (Permen) of Energy and Mineral Resources (ESDM) No. 20/2013, which states that the implementation of mineral exports is only allowed until January 12, 2014. Instead of keeping its promise, the government has even issued Ministerial Regulation (Permen) No. 1 of 2014, regarding the implementation of exports is still allowed for three years.
Whereas according to article 170 of the Coal and Mining Law, holders of Mining License (IUP) and Contract of Work (KK) are required to carry out refining no later than five years after promulgation in 2014.
The issuance of Constitutional Court (MK) Number 10 / PUU-XII / 2014, concerning the Judicial Review on Article 102 and Article 103 of the Coal and Mining Law, said that the two essential articles were constitutional.
On that basis, Redi sniffed that there was a tendency for the government to strengthen business entities under the new regulation. “Because we quote articles 102, 103, and 170 of the Coal and Mining Law, legally this rule has been violated by the government,” said Redi.
Complementing Redi’s remarks, the National Coordinator for Publish What You Pay (PWYP), Maryati Abdullah, explained that it was not very good for the government to bypass the law by issuing a Minister Regulation. If the government is not sure about a law that has been previously issued, then it is better if another revision of the law replaces the regulation.
“But now the reality is that this Permen is bypassing the law. The problem of mineral export relaxation is related to the livelihoods of many people, but why is it regulated through legal products that are full of interventions, “explained Maryati.
For information, in Ministerial Regulation (Permen) of Energy and Mineral Resources (ESDM) No.5 of 2017, the government allows mineral exports from Mining License (IUP) and Special Mining License (IUPK) to build smelters in the next five years, pay special export duties, and if the mining permit is a Contract of Work (KK). The company must change the license to become a Special Mining License (IUPK).
Especially for nickel, export is allowed if the ore has a grade below 1.7 percent. Meanwhile, for bauxite, export is still allowed as long as it has gone through the washing process first.