Expert Witness: There Is No Term Head Of Mining Engineering PT WKM Blocks And Challenges Grabbing

JAKARTA - The Head of Mining Engineering (KTT) has an obligation to protect mining areas that are under his mining business license (IUP). This obligation is in accordance with the order of the Minerba Law to protect its territory from threats of grabbing and mining theft.

According to expert witness, the Professor of Mining Law at Hasanuddin University (Unhas), Prof. Dr. Abrar Saleng has no term for the summit to obstruct and prevent those who carry out the seizure (mining field)

"The summit is responsible (according to the law) to protect its territory according to the IUP. There is no term for the summit to obstruct and prevent those who carry out the seizure (mining process)," said Prof. Abrar in a land stock dispute trial that took place at the Central Jakarta District Court on Wednesday, October 29.

"The summit is the person in charge of all mining areas, whether they already have a PPKH permit or those who do not have a PPKH permit," he continued.

Prof. Abrar also explained that the Summit has a dual role as a representative of the company and a representative of the state. The reason is, referring to the law, the Summit does have the function of representing the state in maintaining state-owned mining assets.

"His duties in addition to working as a company representative, he is also responsible for maintaining state assets in mining. One leg in the company, the other in the country," he said.

Therefore, for Prof Akbar, the imposition of Article 162 of the Minerba Law on two PT Wana Kencana Mineral (PT WKM) workers? Hafidz and Marsel Bialembang are not appropriate to apply. The action of the PT WKM Summit which seeks to protect its territory, he said, must be interpreted as an effort to maintain state-owned mining assets.

"The law must protect the summit because he is carrying out state duties. Therefore, the figure of the Summit (including the PT WKM Summit) is not subject to Article 162 of the Minerba Law," he said.

"The summit is obliged to install a marker limit to explain its territory and warn anyone who wants to enter its mining area (including the wood portal)," he continued.

As is known, the land stock dispute between PT WKM and PT Position involving two PT WKM workers is still ongoing. The trial this time presented an expert witness in the Professor of Law and Mine Law at Hasanuddin University (Unhas), Prof. Dr. Abrar Saleng confirmed that PT WKM's attorney.