A Strike Called Mining Permit For Mass Organizations

Photo iustration Andry Winarko VOI

The discourse on granting authority to mass organizations (Ormas) Religion can manage mining into polemics that attract attention. The idea is in the spotlight because so far the mass organization is seen as not having the competence to manage the mining sector, so many parties have questioned it.

Investment Minister/Head of the Investment Coordinating Board (BKPM) Bahlil Lahadalia made a statement that he would grant a Mining Business License (IUP) to a number of religious community organizations (ormas). According to him, religious leaders have contributed to the community so far, it is appropriate to get the attention of the government. Moreover, they have an important role in Indonesia's struggle against the invaders.

The idea will be realized by Bahlil in the revision of Government Regulation Number 96 of 2021 concerning the Implementation of Mineral and Coal Mining Business Activities which are being discussed by the government. Government Regulation Number 96 of 2021 is the implementing rule of Law No. 3/2020 on Mineral and Coal or known as the Minerba Law. Law Number 3 of 2020. The regulation itself is a rule of amendment to Law Number 4 of 2009 concerning Mineral and Coal Mining.

He believes that community organizations (Ormas) and religious organizations are able to manage mining projects. However, there are conditions that must be obeyed, namely being managed professionally and cooperating with contractors.

Bahlil's idea is not urgent. Reportedly, the discourse he conveyed was the result of an uproar with his boss, President Jokowi. There were rumors that Jokowi made this effort as a form of return from him to the Ormas group, which had been instrumental in supporting votes for his victory.

Meanwhile, the Chairman of the Indonesia Mining & Energy Forum (IMEF), Singgih Widagdo again reminded that the granting of mining management permits in the Minerba Law article 51 must consider competence related to technical capabilities, environmental and financial management capabilities. If religious organizations can meet the required competencies, the granting of mining management permits can be carried out.

On the other hand, he emphasized that the transfer of mining management should not make mass organizations limited to company or individual vehicle equipment. especially in increasing its coffers in the mining business.

Mining observer, Merah Johansyah, also assessed that the discourse had no basis and had no scientific basis. "The discourse does not have an academic study," he told VOI, Sunday, May 12.

Without legal basis, because it hit concepts to rules about mining area auctions, crashing into rules about licensing processes, about the terms and eligibility of obtaining IUPs around the world. Even contrary to all environmental and climate commitments at the global level, which clearly states that the expansion of mines and land clearing are one of the causes of the climate crisis,

The former Jatam researcher also emphasized that the discourse only shows that this country is falling more and more in the corrupt oligarchic regime because if the IUP is sold to Ormas. "That means this regime wants to persuade and bribe through permission, the goal is that mass organizations are no longer critical," he continued.

The government has touched on the discourse that mass organizations can manage mines because the urgency to help these mass organizations has strengthened from an economic perspective, to move the economy in general.

It should be noted that the existence of Ormas has been regulated in Law Number 17 of 2013 (UU 17/2013) concerning Community Organizations and then updated by Perppu Number 2 of 2017. There it was emphasized that mass organizations were independent and non-profit. However, mass organizations certainly need funds in carrying out operational activities and achieving goals.

Where did the funding of mass organizations come from? In general, the funding of mass organizations comes from contributions from grant members and assistance from domestic or foreign communities or institutions, or sourced from the results of the mass organization's own businesses such as building a business entity for mass organizations. According to the AD/ART. Or mass organizations that are legally registered and have a Registered Certificate (SKT) from the Ministry of Home Affairs are entitled to assistance from the APBN or APBD.

Other Polemics Around Revision Of PP 96/2021

Actually, it's not just a matter of polemics that mass organizations are allowed to manage mines. Revision of Government Regulation (PP) Number 96 of 2021 also invited a polemic about Freeport because the revision was apparently used to domplement regulations to extend the contract of an American company faster than previously stipulated.

The smoothing of the road for PT Freeport to obtain a contract extension is considered by a number of parties as too much to serve the interests of America. Revision of Government Regulation Number 96 of 2021 concerning the Implementation of Mineral and Coal Mining Business Activities, is seen providing a red carpet for Freeport. Where Freeport was granted an extension of the Special Mining Business License (IUPK) before its time.

It is a public question, is there a certain bargaining behind the accelerated revision of the PP. Just for reasons to extend the Special Mining Business License (IUPK) to PT Freeport Indonesia (PTFI) alone, the regulation must be changed.

Indeed, the certainty of this contract extension after Jokowi met with the Chairman and Chief Executive Officer Freeport-McMoRAN Richard Adkerson at the Waldorf Astoria Hotel, Washington DC, United States, last year.

Based on Article 109 of Government Regulation No. 96/2021, the application for an extension of the production operation period for metal or coal mineral mining is submitted to the minister no later than 5 years or no later than 1 year before the end of production operations. But the government plans to speed it up with the regulation.

It is known that the granting (special mining business license) to Freeport is up to 2041, even though the rules for the extension can only be a year before the end of the IUPK contract. However, with the revision, it will allow Freeport to apply for an extension of the Special Mining Business License (IUPK) more quickly, without having to wait until 2036.

This was acknowledged by the Minister of Energy and Mineral Resources (ESDM) Arifin Tasrif, according to the revision of the regulation, will later provide certainty about the extension of the business license for Freeport. This is necessary because Freeport must invest in exploring to ensure mineral reserves that can still be mined.

Responding to the plan, Member of Commission VII DPR RI from the Prosperous Justice Party (PKS) faction, Mulyanto, responded to the cynical revision. He considered that President Jokowi's government was very pampering for PTFI. "In my opinion, by changing the Minerba PP, it has gone too far," he said.

Meanwhile, the Ministry of Energy and Mineral Resources regarding the provision of mass organizations that can manage mines admits that they are still reviewing proposals for community organizations (ormas) to manage mining. Cost and benefits factors as well as their impact on the welfare of the general public are the calculations and considerations.

Secretary of the Directorate General of Mineral and Coal of the Ministry of Energy and Mineral Resources, Siti Sumilah Rita Susilawati, said that she could not decide whether a mass organization could be granted a mining business permit (IUP) so that it could be involved.