JAKARTA, KOMPAS.com – The deadline for evaluating mineral and coal mining permits (IUP Minerba) by the Provincial Government has ended on January 2, 2017.

After that period, based on the Minister of Energy and Mineral Resources (ESDM) Regulation number 43/2015 concerning Evaluation Procedures for Minerba IUP Issuance, the non-Clean and Clear (Non-CnC) IUP must be revoked or terminated.

The evaluation of thousands of mineral and coal mining permits covers administrative, regional, technical and environmental aspects as well as financial obligations.

Indonesia’s Advocacy What You Pay (PWYP) Advocacy Manager, Aryanto Nugroho, said that he urged Governors throughout Indonesia to immediately take strict action on the status of IUPs with Non-CnC status in their respective regions.

The decisive action, he continued, was to revoke non-CnC licenses and restore the land status in accordance with the zoning policy that had been determined, especially if the permit was located in a forest area.

“The process of controlling non-CnC IUPs must have an end, no longer protracted, moreover there has been the involvement of the KPK in monitoring and supervision of the IUP reconciliation and evaluation process since three years ago,” said Aryanto in his written statement, Thursday (Thursday) 1/5/2016).

Previously, the Minister of Energy and Mineral Resources, Ignasius Jonan, said that the IUP that had been declared to have passed the evaluation or the status of Clean and Clear (CnC) reached 6,335 IUP from a total of 9,721 IUPs, so that there were still 3,386 IUPs with Non-CnC status.

PWYP Indonesia’s National Coordinator, Maryati Abdullah stressed, if the Governor did not revoke the Non-CnC IUP, the Ministry of Energy and Mineral Resources must use its authority to revoke.

This has been regulated in article 152 of Law No. 4/2009 concerning Mining and Mining (Minerba Law).

Maryati also recommended the Ministry of Energy and Mineral Resources to coordinate with other Ministries or Institutions such as the Ministry of Home Affairs (Ministry of Home Affairs), Ministry of Environment and Forestry (KLHK), and Ministry of Finance (Ministry of Finance).

This coordination is related to environmental, financial and taxation obligations of mining industry players.

Coordinator of the East Kalimantan Pokja-30, Carolus Tuah said that regional heads who had revoked Non-CnC IUPs must also be transparent and open to the public, namely which IUPs were revoked and which had CnC status.

Transparency is carried out so that the community can monitor whether mining permits violate community rights or not.

Company Obligations Must Be Billed
PWYP Indonesia’s Coal Management Program Manager Agung Budiono reminded that the removal of the Non-CnC IUP did not eliminate the company’s obligations that had not been implemented.

“The government must continue to collect both financial and environmental obligations of companies that have not been resolved such as taxes, PNBP and the implementation of reclamation and post-mining, even though the IUP has been revoked,” he said.

Korsup Minerba Findings KPK said as many as 6.3 million hectares of mines entered into conservation and protection forest areas.

In addition, PNBP receivables amounted to IDR 26.2 trillion, of which 21.8 were DHPB or Royalties from 5 (five) Generation I PKP2B companies and the remaining IDR 4.3 trillion from PKP2B, KK and IUP.

Another finding, as many as 75 percent of IUPs do not pay reclamation and post-mining guarantees.

“The government must ensure the settlement of the obligations of the mining companies in a transparent manner because it involves state losses and environmental losses,” concluded Agung.

Source: bisniskeuangan.kompas.com

Bisniskeuangan.kompas.com |In Media, Media Coverage|PWYP Indonesia|January 6th, 2017