JAKARTA - Chairman of the Indonesian Mining Experts Association (Perhapi) Sudirman Widhy Hartono warns the government to be more careful in making decisions regarding PT Agincourt Resources (PTAR) or the Martabe gold mine.
For your information, this gold mine owned by the United Tractor (UNTR) entity is one of 28 companies whose permits have been revoked and will be taken over by the government.
"Regarding the government's intention to take over the Martabe mine from PT Agincourt Resources, in our opinion it is still too premature," he said in a statement to the media, Monday, February 2.
He explained that the status of PT Agincourt Resources is a holder of a Work Contract and not a holder of a Mining Business Permit (IUP) as many parties suspected.
Thus, he continued, to stop the status of mining labor contracts is not by the mechanism of revoking permits but through the mechanism of terminating contracts.
"Until now, as far as we know, the Ministry of Energy and Mineral Resources as the authority in this matter has not officially terminated the contract with KK PT AR. This means that as long as the contract for PT AR is still valid, the takeover of the Martabe mine cannot be carried out," said Sudirman.
Meanwhile, regarding the government's plan to unilaterally terminate the PTAR mining contract, Perhapi argues that the government should be careful because this will be a bad precedent for the investment climate in mining in general.
"The revocation of permits or termination of work contracts should not be separated from the principles of due process of law in administrative law, as formulated in the general principles of good governance (AUPB) and codified in the Government Administration Law," he said.
"Conceptually," he continued. the revocation of permits or termination of contracts that are not based on an evaluation that is proportional to the level of violation, or are carried out without providing adequate opportunities for defense, have the potential to be qualified as defective administrative actions. This is both procedural and substantive.
According to him, in an effort to revoke a mine license or terminate a contract work relationship, it should be through the correct legal procedures, in accordance with laws and regulations, in this case the Mineral and Coal Mining Law and its derivative regulations.
"As long as the business actors of the work contract or IUP holders have carried out good and correct mining business activities, the documents are complete, there is no reason for the government to revoke the permit or terminate the work contract," he continued.
According to him, even if there are violations, whether related to the environment or other, the proof must be taken through in-depth studies and strict causality proof.
Sudirman said that if based on the findings of the PKH Task Force, PTAR was indicated to have committed environmental violations, this could be an initial indication, but the proof must be strengthened through scientific and technical studies that meet environmental liability standards.
"Companies that are subject to sanctions are also entitled to the opportunity to be heard, including to provide clarification and pursue administrative efforts," he said.
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