JAKARTA Religious figures should get attention from the government. Moreover, they have an important role in their struggle against the invaders' times. That is the opening sentence from the Minister of Investment/Head of the Investment Coordinating Board, Bahlil Lahadalia, regarding the reasons for granting a Mining Business License (IUP) to religious organizations.
"At this time Indonesia was not yet independent, who freed this nation, at the time of military aggression in 1948 who made the fatwa jihad was really who? Is it a conglomerate? A company? Bahlil continued at his office, Monday, April 29, 2024.
In addition, when Indonesia experiences difficult times due to disasters, religious leaders are always alert in helping the government solve these problems. "Where is our hearts? The important thing is that we do well so that they can manage and manage the people, there can't be a conflict of interest, managed professionally, good partners are sought," Bahlil explained.
He rejected the assumption that religious organizations do not have sufficient competence to be given the mandate to manage the mining sector. This is because companies that have IUP are also not fully managed by themselves.
"Companies also need contractors, so we are wise. If we don't pay attention to church organizations, religion such as Muhammadiyah, NU, Hinduism, Buddhism who pays attention to it? We are not happy if the state is here to help them, but there are those who are happy if our investors continue to give it," said Bahlil.
He explained that the IUP which was planned to be given to religious organizations was an IUP which had been ordered to be revoked by President Joko Widodo (Jokowi), where at least 2,078 IUPs were proposed to be revoked.
The IUP given to various groups of people is an equitable distribution of mining ownership with local communities in the area. "The President thinks that the IUP-IUP after it is revoked, which fulfills the requirements, is handed over to MSMEs, BUMDs, Cooperatives, yes we give, religious groups, we give churches, NUs, Muhammadiyahs, Buddhists, Hindus. Don't let Indonesia be chaotic just call religious leaders," said Bahlil.
Giving IUP to mass organizations for some parties is considered to have no legal basis. Referring to Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining, there is no word ormas' in it. Article 38 states that IUP is given to business entities, cooperatives, or individual companies.
Revision Of PP And Perpres To Commodate Religious Organizations
However, the government sees a 'cheat' to smooth out this policy, namely through the revision of Presidential Regulation (Perpres) No. 70 of 2023 or in PP No. 96 of 2021 concerning the Implementation of Mineral and Coal Mining Business Activities (Minerba).
Article 75 A PP 96/2021 reads (1) In order to improve community welfare, WIUPK can be given priority to private business entities. (2) Provisions regarding priority giving to private business entities as referred to in paragraph (1) are regulated in the Presidential Regulation.
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With the revision of the regulation, mass organizations and religious organizations will have the opportunity to manage mines. In this regard, Deputy Chairman of Commission VII of the DPR, Eddy Soeparno emphasized that only religious organizations meet the requirements and have the capacity and competence to carry out mining activities that are permitted.
"So it is not arbitrary with mass organizations, but must go through a process and must have a minimum of competence capable of being able to penetrate the requirements set by the Law and Government Regulation," he said, Monday, May 13, 2024.
He revealed that the consideration of mass organizations being allowed to carry out mining businesses is because religious organizations have a large function and social role for the community. If they have the ability to manage mining, it will make it easier for them to be able to self-management their organization without having to expect third parties to be able to fund activities because of the need to mobilize community organizations in large areas of diversity.
Member of Commission VII DPR from the Democratic Party faction, Sartono Hutomo suggested that the provision of IUPs to religious organizations must go through a comprehensive study that prioritizes the long-term interests of the community and the environment.
In addition, there needs to be comprehensive assistance when the plan to distribute the IUP to religious organizations is really realized. He reminded that in mining management there are many aspects that must be understood, starting from mining activities since exploration, infrastructure development, production and risk of the mining business.
Sartono emphasized that religious organizations that get IUP must make business entities so that mining management runs professionally and has no conflicts of interest. Thus, the goal of building organizational independence in order to continue to contribute to the community can be achieved.
"The most important thing is the supervision of the government and institutions if they have provided an IUP, it can be increased to ensure mining activities run in accordance with applicable regulations," he said.
Meanwhile, the General Chairperson of the Association of Indonesian Energy, Mineral, and Coal Suppliers (ASPEBINDO), Anggawira, admitted that he did not mind giving IUPs to religious organizations. According to him, the government's steps were taken so that people could also enjoy the results of existing resources.
"We at ASPEBINDO support efforts to redistribute the provision of IUP to religious organizations as a form of resource redistribution so that the community can also enjoy it. However, the management records must be carried out professionally," he said.
He said mining management must be managed professionally by religious institutions by forming business entities. This is because the business entities owned by mass organizations also have the aim of building organizational independence to be able to continue to contribute to the community.
"The provision of this IUP can be a capital for religious organizations to be independent in developing the wheels of their organization. What needs to be considered later is the governance of granting permits and the principle of equality and equal distribution of resources so that people enjoy the resources that have their rights in them too," concluded Anggawira.
Giving IUPs To Religious Organizations Potentially Damage Mining Governance
Different opinions were expressed by a member of Commission VII DPR, Tifatul Sembiring. According to him, from the aspect of feasibility study and legality, IUP cannot be given to mass organizations. IUP should be given to business entities that are already registered with the Ministry of Energy and Mineral Resources (ESDM).
From a technical aspect, religious organizations can actually accept the provision of IUPs, if they establish or collaborate with companies that have met the requirements according to the mining management standards set by the Ministry of Energy and Mineral Resources. From the economic aspect, it is necessary to review whether the mining business is profitable or profitable. Moreover, economic fluctuations in the business in the mining sector are extraordinary.
"For example, if this is the case, there is a government policy to stop PLTU from originating from coal, it will have an effect if what is managed is coal mining, who wants to invest? If PBNU is certainly not possible, but PBNU will contact entrepreneurs like that. Why is PBNU not going to be busy with problems like this. Taking care of the people, who are just that many people, I think it is already difficult, "said Tifatul.
Meanwhile, from the operational aspect, the provision of IUP to religious organizations needs to be explained when and where mining businesses are related to operation. Mining operations may involve various agreements with the local government, DPRD, to the local community. Moreover, related to the impact, such as ex-mining holes cannot be left alone.
The Executive Director of the Center for Mining Energy Law Studies (Pushep), Bisman Bakhtiar also asked the government to stop giving IUPs to religious organizations. Because, from a technical point of view, they are considered to have no capacity and experience in managing mines, and giving concessions to these organizations has the potential to damage mining governance.
He emphasized that IUP cannot be given carelessly to companies that do not have experience in operating mining. The Minerba Law has detailed the rules for granting mining permits. mineral and metal IUPs, for example, must be auctioned to competent companies.
Therefore, Bisman suspects that the provision of IUP for religious organizations is a practice of distributing sugar and power. "So it is clear that Presidential Decree 70 of 2023 violates the Minerba Law and if it continues to be carried out by the government, this is an abuse of power. The KPK should be able to intervene," he added.
Head of the Law Division of the Mining Advocacy Network (Jatam), Muhammad Jamil also agreed that granting IUPs to religious organizations without experience has the potential to cause disasters and damage the environment. The reason is, mining permits include environmental permits and forest area licensing.
In addition, companies financially must have sufficient finances and obey in making payments according to financial provisions, such as paying taxes and PNBP. He said, even though the company has experience, mineral and coal mining often has a negative impact on the environment and social.
Therefore, he is pessimistic that religious organizations are able to manage complex mining businesses. "This damage can be even more severe if this is given by parties who do not have the qualifications and ability to carry out mining. It is even more chaotic in terms of social issues," he said.
Jamil stated that the government should not open space for incompetent organizations to play mining. If it insists, the government should first determine in detail the qualifications that must be met so that mass organizations deserve IUP.
"It would be better if President Jokowi considered revoking Presidential Decree No. 70/2023 which caused problems because many of its substances were contrary to the Minerba Law," he said.
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