The Ministry Of Energy And Mineral Resources Affirms That The Issuance Of RKAB Approval Is In Accordance With The Rules

JAKARTA - The Ministry of Energy and Mineral Resources (ESDM) ensures that the issuance of approval from the mineral and coal mineral Work Plan and Fee Budget (RKAB) is carried out in an accountable manner and in accordance with the principles of good governance.

Director General of Mineral and Coal, Tri Winarno said, the mechanism for RKAB approval for the Production Operation stage has been given for a period of 3 (three) years through the digitalization system, namely e-RKAB, as regulated through Government Regulation (PP) Number 25 of 2024 concerning Amendments to PP Number 96 of 2021 concerning the Implementation of Mineral and Coal Mining Business Activities jo. Ministerial Regulation (Permen) of Energy and Mineral Resources Number 10 of 2023 concerning Procedures for Preparation, Submission, and Approval of Work Plans and Budgets as well as Procedures for Reporting the Implementation of Mineral and Coal Mining Business Activities.

"This policy aims to provide business certainty for mining companies and simplify the administrative process without reducing the substance in the evaluation process," he said in a statement to the media quoted on Saturday, December 28.

To ensure a more effective and efficient implementation, Tri continued, the Ministry of Energy and Mineral Resources has also issued the Minister of Energy and Mineral Resources Regulation Number 15 of 2024 concerning Amendments to the Minister of Energy and Mineral Resources Regulation Number 10 of 2023 which improves the procedures for the preparation, delivery, and approval of RKAB and provides convenience in changes in feasibility studies.

He added that the authority to issue RKAB by the Director General of Mineral and Coal does not have to come directly from the distribution authority of Government Regulations/Presidential Regulations. Based on Law Number 30 of 2014 concerning Government Administration, the delegation of authority can be carried out through several things, including Allocation, Delegation, and/or Mandat, so that the Minister of Energy and Mineral Resources who has the authority to issue RKAB based on the provisions of Article 177 PP Number 96 of 2021 concerning the Implementation of Mineral and Coal Mining Concesssion Activities can carry out delegations or mandates to the Director General of Mineral/Assignment (Plt) of the Director General of Mineral/Daily Implement (Plh) of the Director General of Mineral and Coal, as currently stated in the Minister of Energy and Mineral Resources Regulation Number 7 of 2020 and the Minister of Energy and Mineral Resources Regulation Number 10 of 2023.

Furthermore, regarding delegations through PP/Presidential Regulations if it is related to the hierarchy of laws and regulations, it is appropriate to give delegates and mandates for issuing RKAB to the Director General through regulations at the Ministerial (Permen) level as stated in the delegations that have been known in various agencies at this time. Meanwhile, if direct delegation to the Director General through PP/Perpres, it is considered that it has the potential to exceed the PP/Perpres content material which provides governance arrangements at the Presidential and Ministerial levels.

"We are very open to input from various parties, including the Indonesian Ombudsman, in an effort to improve the governance of the mining sector. This regulatory improvement is part of our steps to ensure that the RKAB licensing process runs transparently and provides legal certainty for all stakeholders," Tri said.