Greetings Democracy
Apemindo (Indonesian Mineral Entrepreneurs Association), has applied for Material Test Article 102 and 103 of the Mineral and Coal Law (Case Number 10 /PUU-XII/2014). These articles regulate the obligations of holders of IUP (Mining Business License) and IUPK (Exploration Special Mining Business License) to increase the added value of mineral and or coal resources and are required to process and refine domestic mining products. Apemindo considers that the aforementioned articles cannot be interpreted as a prohibition on the export of raw mineral materials, so the regulation is unconstitutional.
Aware of the existence of the judicial review, Several mass organizations incorporated in the People’s Coalition for Mining Sovereignty (IHCS, FITRA, PWYP, P3M, KIARA), this afternoon at the Constitutional Court filed a lawsuit for intervention against the Petrochemical Material Test Request petitioned by Apermindo, for become a related party, with the following reasons:
First. The Minerba Act expressly prohibits the export of raw minerals and expressly requires the construction of smelters. Mining is a type of capital-intensive, high-tech and full of risk business. Then only strong companies can advance in mining. Therefore it is not reasonable if companies refuse to build smelters;
Second. Article 169 of the Minerba Act requires that mining renegotiations be completed a year after the law is promulgated, and Article 170 of the Minerba Law requires refinement to take place after 5 years the law is enacted. Now that the Minerba Law is 5 years old, the smelter development plan should have been prepared after a year the law was enacted, rather than rejecting it after 5 years the law was enacted. Delay in mining renegotiations is clearly caused by government uncertainty;
Third. The processing and refining of mining products, as well as the construction of a smelter factory, will result in state revenues from the mining sector and natural resources in the form of minerals and coal that can be used for the greatest prosperity of the people.
100% independent
Jakarta, March 11, 2014
Best regards
Intervention Applicants:
- Gunawan, Chair of the IHCS (Indonesian Human Rights Committee for Social Justice);
- Yeni Sucipto, Secretary General of Fitra (Indonesian Forum for Budget Transparency);
- Abdul Waidl, Secretary of P3M (Pesantren & Community Development Center);
- Abdul Halim, Secretary General of KIARA (People’s Coalition for Fisheries Justice);
- Maryati Abdullah, National Coordinator of PWYP (Publish What You Pay) Indonesia
Legal Counsel Team (People Advocacy Team for Mining Sovereignty):
Ridwan Darmawan, Benidikty Sinaga, Janses E Sihaloho, Arif Suherman, Anton Febrianto, Priadi Talman, Ecoline Situmorang, Henry David Oliver Sitorus, Dhona El Furqan, Ahmad Marthin Hadiwinata