JAKARTA. National Coordinator of Publish What You Pay Indonesia, Maryati Abdullah and Program Assistant, Al Ayubi, attended the inaugural meeting of the Legal Analysis and Evaluation Working Group (Pokja) Team related to Management of Mineral and Coal Mining (Minerba) on Tuesday, February 18, 2020. The meeting was opened by the Head of the National Legal Analysis and Evaluation Center, Liestiarini Wulandari, S.H., M.H., and led by Dr. Busyra Azheri, S.H., M.H., head of the Faculty of Law, Andalas University. The meeting was also attended by members from representatives of the Directorate General Minerba Ministry of Energy and Mineral Resources (ESDM), as well as members from Natural Resources and Environment Center for National Law Analysis and Evaluation.
The evaluation activities which carried out by Pokja for the next 9 (Nine) months will use the Evaluation Guidelines for Laws and Regulations Number PHN-HN.01.03-07 of 2020, which consists of 6 Dimensions, namely: Pancasila dimensions, dimensions of the accuracy of the type of legislation, dimensions of potential regulatory disharmony, dimensions of clarity of formulation, dimensions of conformity of norms with the principle of charge material, and dimensions of effectiveness of the implementation. These six dimensions will be used as an analysis tool to assess whether the legislation is problematic or not, before the recommendations from this Pokja will be submitted to the relevant Ministry to be followed up.
Maryati Abdullah, PWYP Indonesia Coordinator emphasized that the study of this Pokja team also responds to update that are happening in the DPR, where there is a Draft of Cipta Kerja Bill, an Omnibus Law which also impacts to the mining sector. The scope of the Pokja study – which one of them will be focused on the licensing process, is a harmonious discussion to provide an assessment whether licensing and ease of licensing are in accordance with our mineral mining utilization strategy. Furthermore, Maryati emphasized that it is important to any rich countries in term of natural resources to take current aspects for the mining system which now also becomes a global concern, including how we look this mining resources as an asset and a trigger to development, not only for trading commodity. At this point, Maryati expressed her opinion more deeply that the strategy of economic diversification, increasing added value and also downstreaming, as well as the global climate crisis are major challenges that must be answered in our mining management. Thus, the Pokja and Omnibus Law studies are aligned in answering any mining management issues and its challenges in the future. “The other thing is related to decentralization, we need to reconsider the philosophy of decentralization of natural resource management with the economic strategy that we want to develop, and the justice aspect for the region must be solve, so it does not cause any constraint to central-regional government relations onward,” added Maryati.