The Government Is Expected To Immediately Improve The Legal Examination Process Of PT CLM

Illustration. (Photo: Doc. Antara)

JAKARTA - Entering 2023, President Director of PT Citra Lampia Mandiri (CLM) Helmut Hermawan hopes that in January, the Central Government will immediately complete a legal review of the case for the seizure of CLM shares. He is also waiting for a commitment from the government which promises to resolve cases of violations of Law No.3 of 2020 Article 93a which regulates the prohibition on the transfer of IUP and IUPK to other parties without the approval of the Minister.

"Essentially, we are waiting for the Government's commitment to resolve the case of the seizure of the CLM mining area and the violation of Law number 3 of 2020," Helmut said in his statement, quoted on Thursday, January 12.

The seizure of PT CLM's mining land in a violent manner by Zainal Abidinsyah Siregar (ZAS) et al occurred last November 2022. The incident caused the vacuum of PT CLM mining activities in Malili, East Luwu. Helmut has complained about five members of the National Police from the South Sulawesi Police to the Propam Division of the Police Headquarters. Followed by reporting this case to the Office of the Coordinating Minister for Political, Legal and Security Affairs.

The report has been followed up by the Coordinating Ministry for Political, Legal and Security Affairs. Based on the results of the Helmut et al meeting with the Coordinating Ministry for Political, Legal and Security Affairs Lt. Gen. Teguh Pudjo Rumekso at the Coordinating Ministry for Political, Legal and Security Affairs office last week, the Coordinating Ministry stated that there had been an internal coordination meeting of the Coordinating Ministry for the Coordinating Ministry and the Directorate General of General Legal Administration (AHU).

During the meeting Helmut also questioned the continuation of the letter that he had previously sent to the Directorate General of General Legal Administration (AHU). The letter was an application to the AHU to revoke the ratification of Deed No. 09 dated September 14, 2022, which was requested by Zainal Abidinsyah Siregar because it was considered legally flawed.

Previously, Zainal Abidinsyah submitted a Notification on Amendments to the Company's Basic Budget and Changes to the Company's Data through the Legal Entity Administration System (Sisminbakum), an online ratification service for the company's deed from the Director General of AHU of the Ministry of Law and Human Rights of the Republic of Indonesia. The submission of the amendment was accepted and later ratified through a Letter from the Ministry of Law and Human Rights of the Republic of Indonesia, Director General of AHU.

The CLM attorney is of the opinion that the deed submitted by Zainal Abidin is legally flawed, so that the Decree of the Director General of AHU is automatically also legally flawed. The reason is, in the amendment to the articles of association made by Zainal Abidinsyah's camp, it is suspected that there was forgery of Emmanuel Valentinus Domen's signature (Director of APMR-holding CLM) in the application for the opening of the blocking of PT APMR.

In addition to questioning the continuation of the letter he had sent, Helmut also expressed hope that Sesmenko and his deputies would concentrate more on the protection requests they had submitted last November. Both security protection after the case of CLM land grabbing in Malili by Zainal Abidinsyah, as well as legal security in annexing the company through loopholes and weaknesses in the Minbakum System.

Therefore, he hopes that the lack of perfectness of the Minbakum System which can be a gap for mining mafias to carry out legal prosecution, especially in handling the company's data, can be prevented early.

To the Coordinating Ministry for Political, Legal and Security Affairs, who oversees the TNI and Polri institutions, he also expressed his hope to check to study real cases that occur in the field carefully. Thus, the government does not mistakenly provide protection to parties who have violated the law and fought common sense.

Helmut said the government should pay special attention to mining mafia cases as directed by the Coordinating Minister for Political, Legal and Security Affairs some time ago. In addition, he advised mining entrepreneurs like himself to take lessons from the CLM case and be more careful with whom they enter into contracts so that the company's control does not occur with the hostile take over mode.

"We give the arena to those who have the authority to be objective and use the sense of justice. Here there is no criminal element, we do not commit deception. If it is not protected, how can we work, even though we have now signed the downstream process with investors from China," said Helmut again.

With the coordination of the Coordinating Ministry for Political, Legal and Security Affairs, Helmut hopes that the legal review process being carried out by the government can be accelerated. Thus, his party can immediately continue mining operations to save the economy of 2,000 families from the people of East Luwu who are now adrift.

"The people there have been nervous during the 2-month vacuum mining operation. And December 26, 2022 ago, Mr. HM Siddiq, Deputy Chairman of the East Luwu DPRD, came to Jakarta, expressing his concern because the CLM has not shown any signs of operating again," he said.

Commissioner of CLM Thomas Azali added, based on reports from the field he received data, many PT CLM employees began to have economic difficulties due to the stagnation of PT CLM operations in East Luwu, after the chaos of land grabbing by Zainal Abidin's camp.

"Even though there will be Ramadan and Eid, the government is not worried about turmoil," he said concerned.

Therefore, he strongly supports the initiative of the Deputy Chairperson of the East Luwu DPRD, HM Siddiq, who said he would write to the relevant Ministry and the Coordinating Ministry for Political, Legal and Security Affairs to speed up this process because it has severely hampered the development of the region and the survival of the people.

"According to him, the local government should also respond quickly so that the people of East Luwu don't make a fuss," said Thomas.