The Ministry Of Energy And Mineral Resources Has Denied The Ombudsman's Report Regarding RKAB Maladministration

The Indonesian Ombudsman found maladministration of the issuance of RKAB mining approval for mineral and coal 2021-2024. (Photo: Doc. ANTARA)

JAKARTA - The Ministry of Energy and Mineral Resources (ESDM) has denied reports of the Indonesian Ombudsman stating that there was maladministration in the issuance of approval from the Work Plan and Budget (RKAB) for mineral and coal mining businesses in 2021-2024.

The Ministry of Energy and Mineral Resources ensures that the issuance of approval from the mineral and coal Work Plan and Budget (RKAB) is carried out in an accountable manner and in accordance with good governance principles.

"We are very open to input from various parties, including the Indonesian Ombudsman, in an effort to improve the governance of the mining sector," said Director General of Mineral and Coal at the Ministry of Energy and Mineral Resources Tri Winarno as reported by ANTARA, Friday, December 21.

The Ombudsman's finding is the waiver of legal obligations by the Minister of Energy and Mineral Resources Bahlil Lahadalia by not implementing the authority to sign RKAB approvals as stipulated in Law Number 3 of 2020 concerning amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining.

The Ombudsman is of the opinion that if the Minister of Energy and Mineral Resources delegates the authority to sign the approval of RKAB documents to the Director General of Mineral and Coal, regulations as the legal basis for delegating in the form of government regulations or presidential regulations are needed.

Meanwhile, what is currently in effect is the Regulation of the Minister of Energy and Mineral Resources No. 10 of 2023 concerning Procedures for the Preparation, Submission, and Approval of Work Plans and Budgets as well as Procedures for Reporting on the Implementation of Mineral and Coal Mining Business Activities, not government regulations/presidential regulations.

Related to this, the Ministry of Energy and Mineral Resources explained that the authority to issue RKAB by the Director General of Mineral and Coal (Dirjen Minerba) does not have to come directly from the authority of the distribution of government regulations/presidential regulations.

Based on Law Number 30 of 2014 concerning Government Administration, the delegation of authority can be done through several things, including distributions, delegates, and/or mandates, so that the Minister of Energy and Mineral Resources who has the authority to issue the RKAB can carry out delegations or mandates to the Director General of Mineral and Coal/Assignment (Plt) of the Director General of Mineral and Coal/Daily Implementing (Plh) of the Director General of Mineral and Coal, as currently listed in the Minister of Energy and Mineral Resources Regulation Number 7 of 2020 and the Minister of Energy and Mineral Resources Number 10 of 2023.

The Ministry of Energy and Mineral Resources also explained that regarding delegations through PP/presidential regulations, when it is related to the hierarchy of laws and regulations, it is appropriate to grant a delegation and mandate the issuance of RKAB to the director general through regulations at the ministerial level (permen).

The Ministry of Energy and Mineral Resources assessed that if the delegation directly to the director general through PP/perpres is considered to have the potential to exceed the PP/perpres content which provides governance arrangements at the presidential and ministerial levels.