Criminalization In Nickel Mining Case? President Director Of PT WKM Ready To Take Responsibility

JAKARTA The continued trial of the nickel mining dispute in East Halmahera (Haltim) between PT Wana Kencana Mineral (WKM) and PT Position was again held at the Central Jakarta District Court, Wednesday (8/10). This trial is heating up after a strong suspicion of criminalization of two PT WKM employees who are now defendants.

The two employees are calmab Hafidz and Marsel Bialembang, who according to the President Director of PT WKM, Eko Wiratmoko, should not be used as defendants.

"In my opinion, God willing, and Marsel are innocent. What's wrong with me. I should be responsible, not the two of them," said Eko in front of the panel of judges.

Eko explained that he ordered the installation of stakes in the PT WKM IUP area after receiving reports that PT Position had carried out excavations in the mining permit area belonging to his company. Those who own IUP must protect their territory. That's why I asked to be pegged. Am I wrong? That's my area," he asserted.

The second witness, Director of PT WKM Kahin, also emphasized that PT Position has no right to take nickel ore from the PT WKM IUP area. Pay taxes are also not allowed for them if the ore is from our IUP. What is permissible is that we pay taxes too," said Kahin.

The Panel Of Judges Questions The Basis Of Claims For Mining Areas

The chairman of the Panel of Judges, Sunoto, asked Kahin the basis for the mining area's claim. The witness explained that WKM's claim was based on a valid mining business permit (IUP). "There is already an IUP," he said.

Kahin also said that the area in question was a forest area and could be proven through satellite imagery. "We can prove it by taking photos from satellite imagery," he explained.

The panel of judges had suggested that the two parties take a peaceful path. However, Kahin said that he had tried various efforts, but still experienced criminalization.

After the trial, Eko Wiratmoko emphasized that this case was full of indications of criminalization and mentioned irregularities in the investigation process.

"There is evidence that I submitted to Bareskrim investigators, but it was not included with the prosecutor. It is not included in the file. This can be criminalized because the loss of evidence is a crime," he said.

Attorney: Installation Of Portal Protects The State

PT WKM's attorney, Rolas Sitinjak, explained that the portal installation in the mining area was carried out to prevent potential state losses due to illegal mining activities by PT Position. "The intention is to protect the country. We found illegal mining activities in the WKM area that could cause greater state losses," he said.

Rolas added that the damage to land in the area was apparent even before the portal was installed. "Initially the road was only one meter deep, but it took up to five meters for a long time. This is not natural for ordinary access. The indications of overexploitation are very strong," he said.

He also assessed that the legal process against two employees of PT WKM was odd from the start because of the loss of files and key evidence submitted to investigators. "Two PT WKM employees do not deserve to be criminalized because they are trying to prevent state losses," said Rolas asserted.