“The problems around licensing in the mining sector must be acknowledged as an accumulation from the past. However, the government commits to keep improving its governance, including through the issuance of Ministerial Regulation no 43/2015 and its technical guidance. The provincial government just need to execute its authority as mandated in the Local Government Law no 23/2014,” explained Sony Heru Prasetyo, representation from Legal Bureau, Directorate General (DG) Mineral & Coal, Ministry of Energy and Mineral Resource (MEMR) in the Local Government Workshop “Accelerating Follow-up of Korsup Minerba” held by PWYP Indonesia in Yogyakarta, last March.
Mining licensing is among the intervention area of Coordination and Supervision of KPK in mineral and coal sector (Korsup Minerba) that held since 2014. Around 1500 problematic mining permits (IUP) have been revoked, but there are more than 2000 non-clean and clear (CnC) IUP that indicate the administrative and territoriality problem and shall be cleared immediately. In this case, the active role from provincial government is strongly needed.
Mahdinur as the Chief of Mineral, Coal and Geothermal, Aceh EMR Agency, said that the key success of Aceh Province to govern the IUP is involvement of multi-stakeholder to review the IUP, including civil society organization (CSO). Also carefully considers the unclear legal status of IUP due to weak data documentation.
Similar with Aceh case, Aries Syafrizal, the Chief of Mining, South Sumatra EMR Agency, affirmed that “CSO participation is important in the evaluation of mining permits. Not only we do get supported, but also they have skill and capacity which is beneficial in the IUP evaluation.”
Aries added that, publishing the problematic IUP holder in the newspaper also proved as an effective instrument to address inaccuracy of company address data, which has been the main obstacle in governing the IUP. Besides it also fulfills the citizen right for information.
Unfortunately, the active role demonstrated by Provincial Government of Aceh and South Sumatera, is not found in other provinces. For example, East Kalimantan. “Let alone the revocation of IUP, even the mining pits problem that have been killed 20 victims, still being unresolved. Dozens of recommendation has been issued, but only the special task force have been formed,” said Ketut Bagia Yasa, representation from JATAM East Kalimantan.
This workshop is aiming to accelerate local government in implementing the recommendation of Korsup Minerba. This workshop was attended by representation from central government, local government, CSO, and also academics. [RAWSR]