UII Academic Value Of Mardani Maming Does Not Violate The Minerba Law, Here's The Explanation

Mardani H. Maming after being questioned by the KPK, Thursday, June 2. (Between-Aditya PP)

JAKARTA The request for Mardani H Maming to be released emerged after the examination of legal experts in the case of the convict of mining business license (IUP) corruption. One of them came from an anti-corruption academic at the Islamic University of Indonesia (UII).

Penjar Hukum Pidana di Fakultas Hukum UII, Dr Mahrus Ali, menilai Mardani tidak melanggar semua pasal yang didugakan sehingga harus dibebaskan demi hukum dan keadilan.

"According to our examination, Mardani H Maming did not violate Article 93 of the Minerba Law, because the norm of the article applies to IUP holders, not regents who issue decrees," he said in a written statement.

As is known, a number of anti-corruption academics at the Faculty of Law UII held a book review event entitled 'Disclosure of Errors and Errors of Judges in Handling Mardani H Maming' Case on Saturday 5 October.

There are ten examinators who provide notes. They are Prof. Dr Ridwan Khairandy, Dr Mudzakkir, Prof Hanafi Amrani, Prof Dr. Ridwan, Dr Eva Achjani Zulfa, Dr Muhammad Arif Setiawan, Dr Nurjihad, Dr Mahrus Ali, Dr Karina Dwi Nugrahatati Putri, and Dr Ratna Hartanto.

These ten examinators come from various circles. All of them are legal experts, be they criminal law experts, civil, criminology, state administrative law, to victimology.

After submitting the examination, everyone agreed, without any dissenting opinion or dissent, that Mardani Maming be released immediately, and his good name was restored.

When opening the examination discussion, the Deputy Chancellor for Student Affairs, Religion & Alumni UII, Dr Rohidin, said that Mardani H Maming's examination was interesting because ideally mistakes should not occur in judges who should be wise.

Judges as judges, he said, must have the ability to decide cases properly and quickly in a dilemmatic situation.

"The decision must also be based on qualitative considerations, not quantitative and humanitarian and benefit. It is all for the common interest or all parties," he said.

One of the examinators who served as Professor of State Administration Law FH UII Prof. Dr. Ridwan said, according to the Public Prosecutor (JPU) and the Panel of Judges at the appeal level and cassation level, the defendant's mistake in signing and issuing the Decree of the Regent of Tanah Bumbu Number 296 of 2011, contrary to Article 93 paragraph 1 of Law no. 4 of 2009 concerning Mineral and Coal (Minerba).

"Has the defendant's actions as Regent of Tanah Bumbu transferred the Coal Development Operations Mining Business License (IUP-OP) from PT. BKPL to PT. PCN violates Article 93 paragraph 1 concerning Minerba. Second, should the transition of IUP-OP be preceded by an application that attaches administrative, technical, environmental and financial requirements?" he said.

"The answer to these two legal issues relates to a complete understanding of the validity of licensing, Mining Business Permits and Special Mining Business Permits, transfer of IUP-OPs, and the conditions for transferring the OP IUP," continued Ridwan.

In the transition of the IUP, said Ridwan, all documents and requirements have been adhered to so as not to violate the rules. Everything is in accordance with the applicable legal mechanisms and rules.

Another examinator who is also the editor of the book, Dr. Mahrus Ali said, there was one legal issue that was released, namely related to the bribery of the issuance of Regent Decree No. 296/2011 which contradicts or violates Article 93 of Law No. 4 of 2009.

"Norm Article 93 is addressed to IUP holders, and not to the position of Regent. As long as the terms in Article 93 paragraphs 2 and 3 of Law no. 4/2009 are fulfilled, the transition or delegation of IUPs is allowed or not prohibited," said Mahrus.

Mahrus assessed that Mardani Maming's actions by issuing the Regent's Decree Number 296/2011 concerning the Approval of Delegating the Production Operations Mining Business License (IUP-OP) from PT BKPL to PT PCN, did not violate the rules.

Meanwhile, Mardani H Maming has lost three times, both from the first court level, appeals to cassation, submitting a review (PK) to the Supreme Court (MA) dated June 6, 2024. The PK numbered 784/PAN.PN/W15-U1/HK2.2/IV/2024.

PK Mardani H Maming is currently in the status of examining the Supreme Court Panel of Judges.