The Jakarta Post reported that, business associations from both the palm oil and mining sectors have suggested that the central government should reclaim the authority to issue operating permits to private companies.

The associations said that confusion occurred under the current arrangements and this led to conflict between companies and locals.

The Indonesian Mining Association (IMA) called on the government to review the 2009 Minerals and Coal Law because it granted “exclusive authority” to local governments in managing natural resources in regions as well as issuing operating permits to companies.

“The 2009 Minerals and Coal Law contradicts Article 33 of the 1945 Constitution which stipulates that the central government manages the country’s natural resources for the greater good of the people,” IMA executive director Syahrir A.B. told The Jakarta Post on Thursday.

Article 37 of the Mineral and Coal Law stipulates that permits for mining activities are to be issued by regents or mayors of areas where mining activities take place. It also stipulates that permits can be issued by governors or the minister under certain circumstances where mining areas cross different jurisdictions or provinces.

“However, the government must first prioritize the evaluation of all mining activities, as well as oil palm plantations, to check whether the operating permits were obtained through dubious processes,” said Syahrir, adding that the government should also involve the Corruption Eradication Commission (KPK) to “check alleged corrupt practices involving local officials in the issuance of operating permits”.

Syahrir said that the 2009 law was responsible for inciting local conflicts involving mining companies, including the incident in Bima, West Nusa Tenggara, involving gold mining company PT Sumber Mineral Nusantara (SMN).

Two people were killed at Sape Seaport in Bima, West Nusa Tenggara, on Dec. 24 when members of the Police Mobile Brigade made efforts to disperse a crowd rallying against the future mining activities of SMN, citing environmental concerns.

Police forensic scientists have found that the victims were shot from a close range and now the police are investigating dozens of officers deployed to the scene to look into possible violations of standard operating procedures in crowd
control.

Ninety-five percent of SMN’s shares are owned by Australian Arc Exploration Limited, whose director, George Tahija, is also a commissioner of PT Freeport Indonesia, one of IMA’s 41 members.

The Indonesian Palm Oil Producers Association (GAPKI) also said that it supported “clean and clear” administrative processes involved in the issuance of operating permits for palm oil companies.

“Nothing will go wrong if companies abide by legal administrative processes. That’s why it’s very important for companies to meet all legal standards to prevent possible conflicts” GAPKI executive director Fadhil Hasan said on Thursday.

Fadhil, however, said that companies should not take all the blame when conflicts occurred with local communities.

He said that preventing conflict involved “a three-way communication” between companies and the people, and between the government and the people.

For this reason, Fadhil said that PT Sumber Wangi Alam (SWA), one of Gapki’s 400 members, should not be regarded as the only culprit in the Mesuji conflict in Lampung and South Sumatra region.

“SWA has told us their side of the story, which is completely different from what has been written in the media. Let the fact-finding team investigate what really happened there,” he said. (msa)
Source: The Jakarta Post