Written by: Askhalani*
Aceh is one of rich natural resources area particularly in mineral and coal commodities. This mining and coal spread almost in all area of Province of Aceh.The large amount of reserve in Aceh become a capital to improve the welfare of its people. With the provision, the local government must be able to manage these natural resource with prioritize the good mining practices, that consist of several principles, such as participation, transparency, accountability, law enforcement, and sustainable natural conservation.
Before the enactment of Governor Instruction no 11/Instr/2014 about mining moratorium in Aceh, the total of mining permits (IUP) during 2007-2012 that issued by local government are around 134 IUP that spread in 15 districts/cities, with total concession area around 672.540,27 Ha. This number increase in 2012, became 138 IUP that spread in 16 districts/cities with total area of forest that overlapped with concession around 841.648,31 Ha. There are 4 companies which their mining permits indicated in conservation forest (31.316,12 Ha) and 65 companies indicated in protection forest (399.959,76 Ha).
Large number of mining permits issuance by Regent/Mayor before the enactment of Local Government Act no 23/2014 was not gathered by good and effective mining management, so there are many problems in mining governance that negatively impact to community and environment.
Large number of mining permits issuance by Regent/Mayor before the enactment of Local Government Act no 23/2014 was not gathered by good and effective mining management, so there are many problems in mining governance that negatively impact to community and environment.
Third, there are indication of overlapping concession, land conversion, and high environmental damage; fourth, limited capacity of human reources, particularly the mining inspectors; fifth, there are illegal charges out of rule of law mechanism; sixth, the delay of payment from company to state and local government; seventh, low of company’s compliance in doing company obligation; eighth, the low of transparency and accountability in mining governance that potentially cause state loss and environmental damage.
Based on these problems, and findings from Coordination and Supervision (2014-2015) in mineral and coal sector, it fair enough for Aceh government to look for alternative in improving the mining governance. The governor instructor about mining moratorium became a non populist but has an impact to improve the mining governance Aceh.
Chances to Improve Mining Governance
Decision to extend the moratorium implementation in Aceh that will end on October 30 2016, considered as a chance to improve mining governance in order to give more advantage for community, protect environment, and support the sustainable development through strategic, coordinated, and integrated governance.
Moreover, the findings show an allegation that more mining permits was issued during 2010-2012, when the reign of regent/mayor will end and ahead election of the new leader. It strengthen the allegation that the issuance of mining permits that time was related to pragmatic political economy interests and neglect good mining practices principle.
The study on mining moratorium in Aceh during 2014-2016 shows that this moratorium has given good impact in promote the improvement of mining governance. This become a champion in national level and become a role model in implementing good mining practice. Besides that, Aceh become one of province in Indonesia that succeed decrease the mining concession that overlapped with conservation and protection forest. Currently, the mining permits has significantly decreased from 138 permits in 2014 become 46 permits in 2016.
Formerly, the coordination and supervision of KPK in Aceh has found several problems related to mining permits governance. First, there are 4 mining permits overlapped with conservation forest around 31.316 Ha. This area covers Central Aceh District around 31.000 Ha; Gayo Lues 198 Ha, and South Aceh around 87 Ha. While in protection forest, there are 65 mining permits/contractual work. Even though it violated the article 38 Act no 41/1999 jo. Act 19/2004.
Second, there are still many mining permits that non Clear and Clean (CnC), from total amount 138 mining permits in 2014, 84 mining permits (61%) was not CnC yet, and 54 mining permits has CnC. Third, there are credit from non-tax state revenue around 10.8 billion in 2014 and 24.7 billion in 2015.
Depart from that problems in mining governance that has not accomplished yet, so the government of Aceh should continue the mining moratorium. It would promote good governance and obey the law, and it also save the forests and environment. It become real movement, and need to be supported by many parties in continuing the mining moratorium. Hope so!
*Askhalani, Director of GERAK Aceh (Anti Corruption Movement) Aceh