Regulated In The Minerba Law, Dispute Mining Land Can Be Taken By The State

JAKARTA - The Indonesian House of Representatives has officially passed the Mineral and Coal Bill into law. Minister of Energy and Mineral Resources (ESDM) Bahlil Lahadalia said, in this law, disputed mining land will be taken over by the state.

"This law ensures that when there is an investigation into a region of IUP (mining Business Permit) which seems to be a win, this one wins. So if there are no findings, the state takes over," Bahlil told the media crew quoted on Wednesday, February 19.

This provision is stated in Article 171B paragraph (1) in the draft of the Minerba Bill which was ratified into a law which reads: IUP issued before the enactment of this Law and there are problems of overlapping part of it or all of its WIUP based on the results of the evaluation of the central government, revoked and returned to the state.

Bahlil explained that the overlap in part or all of the WIUP in question includes overlapping WIUP with other WIUPs issued by the central government or local governments for the same mining commodity.

In addition, it includes overlapping WIUP with applicable IUPs, or overlapping IUPs with other IUPs issued by the central government or local governments for the same mining commodity.

In 171B paragraph (4) it is also stated that further provisions regarding the problem of overlapping mining land will later be regulated through the derivative regulations of the Minerba Law in the form of Government Regulations (PP).

Bahlil said this was in accordance with Article 33 of the 1945 Constitution which states that all natural resources in Indonesia are used as much as possible for the prosperity of the people.

"So it is not controlled by certain company members, but managed as well as possible for the welfare of the people," explained Bahlil.

Furthermore, with the ratification of the Minerba Bill into the Minerba Law, Bahlil expressed his gratitude to all parties who have contributed and were dedicated in the process of its formation. Bahlil emphasized that this law aims to improve mining governance, provide legal certainty and business, and encourage downstreaming in order to increase added value in the country.

In addition, the Minerba Law is expected to contribute to job creation, increase state revenue, and most importantly provide maximum benefits for Indonesia's progress and equitable welfare for all people.

"We would like to thank the honorable leadership and members of the DPR-RI, especially the Legislation Body of the DPR RI, with full dedication, hard work, thinking, attention, and good cooperation with the Government and DPD RI so that we can complete the discussion of this bill. We do not forget to thank the DPR RI Expert Board, experts, and all parties we cannot mention one by one who always provide support, input, thoughts, and attention to the improvement and completion of this bill," said Bahlil.