The enactment of regional regulation of West Nusa Tenggara Province Number 9-year 2019 about Mineral and Coal Mining, is a positive step as the basis to decide on the mining sector because it contains rules of mining data management and information system. It also could open the room for public participation in the mining sector.
One of the notes to implement that regional regulation is derivative regulation and technical implementation instruction to simplify and clarify it. For example, in article 75, paragraph 1, it mentioned data collection and geography information coal and mineral mining held by governor, furthermore in section 3, specifying data collection can be done by inventory, investigation, research, and exploration. Implementation of the whole data collection process undertakes by the regional device, which concerns energy and mineral and coal resource, which is set in Article 76. It means derivative regulation on Mining local regulation becoming one of the things that must be prepared by the West Nusa Tenggara government.
Looking how Mining local regulation in West Nusa Tenggara Province is essential to support mining improvement in NTB, therefore On 12 November 2019 was held discussion about governance of West Nusa Tenggara Mining Regulation which is attended by Mineral Energy Resource Services (Dinas ESDM), Information and Statistics Communication Agency (Kominfotik), Information Commission, Academics, Students, and Community of People in West and Central Lombok. The purpose of the discussion is for mapping mining regulation and also looked loopholes potential. Furthermore, that event was discussing the formulation of mining regulation to ensure legal certainty in mining governance in NTB and to arrange strategic steps to determine transparency and accountability in the formulation and implementation of mining sector governance rules in NTB.
On that occasion, Head of Energy and Mineral Resources Agency of West Nusa Tenggara Province, Muhammad Husni said that “the regional regulation which contains 89 articles will have 11 governor regulations, but our plan on that regulation will be put together or will be merged. Moreover, we are open and will note all the suggestions on this regulation.”
This regulation is in line with government commitment at the national level, which desires to simplify rules include the regional regulation, hence there are no more overlapping jurisdictions. Similar thing conveyed by Head of Secretariat Law NTB Province, Ruslan Abdul Gani “We delegate to make local regulation which could prevent many derivative regulations such as governor regulation. Even more, currently with the presidential decree, every cognate rule will be put together, including at regional/local level, said Ruslan”.
Mining local regulation, which recently approved in September in 2019, will be socialized in 2020. Furthermore, for discussion about technical derivative regulation, this local regulation must be waiting for the discussion process and other steps arrangement. Meliana Lumbantoruan, Program Manager at PWYP Indonesia, said that “if 2020 is just beginning, so target to approved governor regulation can not be accomplished in 2020” It means a journey to arrange derivative mining regional regulation is still long. Therefore, it needs to be escorted to make the local regulation and derivative regulation harmonious and continuous and to ensure it will not stray far.
The socialization process of local regulation or the arrangement of derivative regulation is must to escorted by all parties, especially people of NTB Province, in order policies and regulations took by the government ensure there are no people’s rights violated, and the mining governance in NTB is improved. [WD,AN]