Nickel Dispute In East Halmahera, PT Position Activities Are Considered To Exceed The Technical Limit Of Mining

JAKARTA The follow-up trial of the nickel mining land dispute in East Halmahera involving PT Position and PT Wana Kencana Mineral (WKM) was again held at the Central Jakarta District Court (PN). This trial presented two experts, namely Chairul Huda, a criminal law expert from Muhammadiyah University Jakarta (UMJ), and Ougy Dayyantara, mining experts.

In his testimony, Ougy Dayyantara explained that based on Law Number 3 of 2020 and Regulation of the Minister of Energy and Mineral Resources Number 25 of 2018, mining activities include stages of land clearing, digging, and mineral collection.

According to him, the results of the field inspection showed that the opening of the hauling road was more than 100 meters deep and 20 meters deep, which was considered to have exceeded technical provisions.

"When viewed from photos and videos in the field, this activity is not just a road opening, but includes mining activities," explained Ougy in front of the panel of judges chaired by Sunoto.

Furthermore, Ougy mentioned that the nickel found at the location was dumped around the road area, even though nickel is a strategic resource belonging to the state. "The authorities should have made sure this didn't happen," he said.

Set Regional Boundaries And IUP Authority

Responding to the judge's question regarding the installation of a boundary marker for the mining area, Ougy emphasized that the installation of a boundary sign is an obligation for the holder of a production operation permit (IUP), as stipulated in Government Regulation Number 96 of 2021.

He added that mining activities outside the permit area without the approval of the Head of Mining Engineering (KTT) were not allowed. In the previous session, the summit even questioned PT Position's activities which were considered to be carried out outside the permit area.

Ougy also assessed that two employees of PT WKM who are now defendants 'Awwab Hafidz and Marsel Bialembang' took the right action because they installed stakes to protect the legitimate mining area belonging to PT WKM.

However, these efforts are actually considered to hinder PT Position mining activities, leading to reports to the Criminal Investigation Unit of the Police, which are now being processed criminally.

Legal Expert: Mining Dispute Should Be Completed Civilly

Meanwhile, criminal law expert Chairul Huda assessed that the case, which was tried at the Central Jakarta District Court, was more appropriate to be resolved administratively or civilly, not criminally.

"If there is a dispute between companies related to regional boundaries, then it should be resolved through a civil or administrative legal mechanism. Criminal law is ultimum remedium, the last tool if other methods cannot be taken," said Chairul Huda in court, Wednesday (22/10/2025).

Chairul also explained that PT Position has a cooperation agreement (PKS) with PT Wana Kencana Sejati (WKS) as the holder of a forest area use permit. However, he considered that there were violations in its implementation, because PT Position mining activities exceeded the agreement limit and damaged forest areas.

Lawyers For The Value Of Unfit Cases Sentenced

The defendant's legal adviser, Otto Cornelis Kaligis (OC Kaligis), assessed that this case should not have entered the criminal realm because PT WKM is a valid mining business license holder.

"This is not a criminal case. Our client only puts a stake in the legitimate IUP area. The facts on the ground show no criminal offense," said Kaligis in the courtroom.

Another lawyer, Rolas Sitinjak, added that the statements of the experts actually strengthened PT WKM's legal position.

"The criminal investigator stated that if the stakes were installed in the WKM area, then this would not be a criminal offense. So it is clearer, this case should not go to court," said Rolas.

Rolas also regretted the attitude of PT Position which did not respond to the peaceful invitation from PT WKM from the start. "We have written many times and tried to communicate, but they have not responded. Now it's even as if we are the ones who are guilty," he said.

According to Rolas, the nickel mining dispute in East Halmahera should be resolved administratively between the company and the relevant ministries, not through criminal channels.