Controversy over the Application of the Minerba Law has not ended

Wednesday, 12/03/2014

Jakarta – Activists concerned with mining incorporated in the People’s Coalition for Mining Sovereignty consisting of the Indonesian Human Rights Committee for Social Justice (IHCS), the Indonesian Forum for Budget Transparency (FITRA), Indonesia for Global Justice (IGJ), Publish What You Pay /PWYP Indonesia, the People’s Coalition for Fisheries Justice (KIARA), and the Pesantren and Community Development Association (P3M) register as Requests of the Parties involved in Judicial Review Law Number 4 Year 2009 concerning Minerals Articles 102 and 103 submitted by the Indonesian Mineral Business Association (APEMINDO) ) and others to the Constitutional Court (MK).

According to the Coalition, in a joint press release cited by the Balance Sheet, Tuesday (11/3), in essence, they asked the Constitutional Court to reinterpret Articles 102 and 103 of the Mining Law because it does not explicitly prohibit the export of raw minerals. Therefore, the derivative regulation on the Law issued by the Government with a policy prohibiting the export of raw mining materials according to the Petitioners is contrary to the constitution. So it must be stated by the Constitutional Court that Articles 102 & 103 of the Constitutional Minerba Law as long as they are interpreted are not export bans.

“Based on these conditions, considering that there is a legal loophole made possible by the Legal Procedure for Testing the Law by Related Parties, the People’s Coalition for Mining Sovereignty (IHCS, FITRA, IGJ, P3M, PWYP, KIARA), feels it is important to submit an application as a Related Party in Case Number 10 /PUU-XII/ 2014 submitted by APEMINDO and friends, “explained the Coalition.

The Coalition considers that the organizations that are members of the People’s Coalition for Mining Sovereignty are institutions that are indirectly related to the request, because according to the coalition, Articles 102 and 103 of the Minerba Law are actually constitutional and very clearly mandate mining industry stakeholders to realize downstream in the form of development smelter, which is the refining and processing of mining goods before being exported so that optimization of state revenue is achieved. Coalition members are institutions that have been concerned so far about the lack of added value and the low optimization of state revenue from the mining sector and vigorously campaigning the importance of renegotiating mining and and work contracts.

Jakarta – Activists concerned with mining joined in the People’s Coalition for Mining Sovereignty consisting of the Indonesian Human Rights Committee for Social Justice (IHCS), the Indonesian Forum for Budget Transparency (FITRA), Indonesia for Global Justice (IGJ), Publish What You Pay / PWYP -Indonesia, the People’s Coalition for Fisheries Justice (KIARA), and the Pesantren and Community Development Association (P3M) register as Requests of the Parties involved in Judicial Review Law No.4 / 2009 concerning Minerals Articles 102 and 103 submitted by the Indonesian Mineral Business Association (APEMINDO) ) and others to the Constitutional Court (MK).

According to the Coalition, in a joint press release cited by the Balance Sheet, Tuesday (11/3), in essence, they asked the Constitutional Court to reinterpret Articles 102 and 103 of the Mining Law because it does not explicitly prohibit the export of raw minerals. Therefore, the derivative regulation on the Law issued by the Government with a policy prohibiting the export of raw mining materials according to the Petitioners is contrary to the constitution. So it must be stated by the Constitutional Court that Articles 102 & 103 of the Constitutional Minerba Law as long as they are interpreted are not export bans.

“Based on these conditions, considering that there is a legal loophole made possible by the Legal Procedure for Testing the Law by Related Parties, the People’s Coalition for Mining Sovereignty (IHCS, FITRA, IGJ, P3M, PWYP, KIARA), feels it is important to submit an application as a Related Party in Case Number 10/PUU-XII / 2014 submitted by APEMINDO and friends, “explained the Coalition.

The Coalition considers that the organizations that are members of the People’s Coalition for Mining Sovereignty are institutions that are indirectly related to the request because according to the coalition, Articles 102 and 103 of the Minerba Law is actually constitutional and very clearly mandate mining industry stakeholders to realize downstream in the form of development smelter, which is the refining and processing of mining goods before being exported so that optimization of state revenue is achieved. Coalition members are institutions that have been concerned about the lack of added value and the low optimization of state revenue from the mining sector and aggressively campaign for the importance of renegotiating mining work of contract such as PKP2B.

“Then this will lead to the downstream target will not be realized or achieved, with many negotiators carried out by employers to the government and this rule should be implemented properly and no setbacks,” said Marwan.

Marwan also added that this export duty regulation is a package of policies from the government that must be carried out following the established policies. “Seeing the symptoms that have happened lately, with the many revisions to the export duty rules, the government seems to be subject to the will of the entrepreneur or contractor,” he added

Source : www.neraca.co.id