Separated By Qunut, United With Mine, And Ended Up Being Sued

Illustration of Photos by Andry WInarko (VOI)

JAKARTA - Seven months ago, Investment Minister Bahlil Lahadalia was suspected of being involved in mining licensing matters. Allegations ranging from accepting bribes worth IDR 25 billion to providing mining consensus to religious organizations fell on the man born in Banda, Maluku. Now, the distribution of mining permits is considered by a number of figures and civil society organizations to be laden with political transactions.

Bahlil Lahadalia, who was born on August 7, 1976, who considers the seventh President Jokowi as his older brother, was given super authority as the Head of the Land Use and Investment Management Task Force (Investment Task Force). With this very strategic position, he can easily activate or deactivate mining business permits (IUP) spread throughout Indonesia.

Two Months Remaining in Jokowi's Regime, Bahlil Lahadalia Inaugurated to Replace Arifin Tasrif as Minister of Energy and Mineral Resources (Antara)

Bahlil Lahadalia's closeness to Jokowi can be proven from the change of position of Minister of Energy and Mineral Resources Arifin Tasrif in the remaining period of the Government less than two months. Member of Commission VII of the Indonesian House of Representatives, Mulyanto, assessed that in less than two months the discussion of the Ministry of Energy and Mineral Resources' strategic program would not be completed. Therefore, Mulyanto called the change of ministers this time as a waste of work in terms of performance and stronger in its political weight.

"That's a dismantling and reassembling step that is not quite right. What can be expected from a new minister structurally in less than two months. Discussions with the DPR are also only one session away. "So this is purely political," said Mulyanto, Tuesday, August 20.

Mulyanto explained, from the legislative side, at the end of this term of government, the remaining homework that must be completed by the Minister of Energy and Mineral Resources is the EBET Bill, the PP on National Energy Policy (KEN), and the Oil and Gas Bill. Mulyanto also asked whether with a little time all regulations can be completed. This PKS politician emphasized that Jokowi is like a president who has nothing to do.

"Can these regulations be completed if suddenly the Minister changes. In my opinion, it will be even more delayed. There is no need for a reshuffle now. The president seems to have nothing to do," added Mulyanto.

Not only that, Mulyanto was the first person to speak out regarding the alleged abuse of authority from the revocation of mining business permits (IUP) carried out by Bahlil. He suspects that Bahlil has revoked more than 2,000 IUPs in his capacity as Head of the Land Use and Investment Management Task Force. According to him, 90 of the 2,000 IUPs have been reactivated, but in a way which is convoluted.

"Of the more than 2,000 IUPs that were revoked, more than 90 were revived. The information (that we received, was activated) in a convoluted manner," Mulyanto told VOI, Monday, November 18.

In addition, Mulyanto stated that Commission VII of the DPR often receives reports from the nickel mining association that provide reports about the many mining business permits that have been revoked without clear reasons. "Yes, this has become an internal discussion in Commission VII of the DPR RI. This certainly raises big questions and suspicions," he said.

The PKS politician stated that institutionally, the Minister of Energy and Mineral Resources (ESDM) should be the party with more authority to grant and revoke IUPs. This is stipulated in Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining (UU Minerba).

Does Distributing Mining Permits Facilitate Political Transactions?

In line with Mulyanto, Member of Commission VI of the DPR from the PDIP Faction, Dedi Sitorus questioned Minister Bahlil regarding the granting of Special Mining Business Permit Areas (WIUPK) to Religious Mass Organizations based on the results of the mass organization's struggle. However, there are other organizations that are also fighting for Indonesia.

"Then I thought about many other parties who fought bloody battles for our Republic. Where the Legion Veteran of the Republic of Indonesia who did not get monthly, they suffered," said Dedi in a Hearing Meeting (RDP) at the DPR Building, mid-June.

Protest on Distribution of Mining Permits for Religious Organizations Opened by Bahlil Lahadalia (Photo: Special)

The two largest Religious Community Organizations (Ormas) in Indonesia have officially expressed their interest in managing the Special Mining Business Permit Area (WIUPK) granted by the government of President Joko Widodo (Jokowi). The two Religious Organizations are Nahdlatul Ulama and Muhammadiyah.

In fact, there are still several other Religious Organizations in Indonesia, including the Indonesian Bishops' Conference (KWI) and the Communion of Churches in Indonesia. However, the two organizations have not expressed their interest in managing the mining sector.

However, the granting of mining permits to religious organizations is considered vulnerable to becoming an arena for political transactions. This is reinforced by the filing of a judicial review lawsuit to the Supreme Court by a number of figures and civil society organizations. The judicial review petition for Government Regulation 25/2024. The policy being challenged contains the granting of priority for mining permits for religious organizations. This judicial review was submitted to the Supreme Court on Tuesday, October 1, 2024.

The Reject Mining Advocacy Team argued that PP 25/2024 is not only legally flawed. The regulation has the potential to become an arena for political transactions. The granting of mining permits without auction is said to violate Article 75 paragraph (3) and paragraph (4) of Law 3/2020 concerning Mineral and Coal Mining.

This lawsuit was filed by 18 applicants consisting of six institutions and 12 individuals. The Reject Mining Advocacy Team stated that they wanted to save religious organizations from the dirty energy vortex of mining. Thus, religious organizations can return to their original purpose and protect the environment from damage.

Supreme Court (Antara)

"We must save this religious mass organization. If left alone, it will become a bad precedent. Mining land will always be used as a transaction tool for political silencing by the government," explained M Raziv Barokah, the legal representative of the applicants, through a written statement.

Minister of Energy and Mineral Resources (ESDM), Bahlil Lahadalia said that the government's decision to grant a Special Mining Business Permit Area (WIUPK) to Nahdlatul Ulama (NU), one of the largest religious mass organizations (ormas) in Indonesia, was challenged at the Constitutional Court (MK).

He conveyed this last week in a Working Meeting with Commission XII, DPR RI. "If it concerns the Constitutional Court, it is related to the mass organization that we have given to one of them, NU. That is what is being challenged," said Bahlil Lahadalia, Thursday, November 14.

Bahlil assessed that the policy of granting mining permits has attracted attention because of differences of opinion regarding the allocation of WIUPK which was previously more limited to State-Owned Enterprises (BUMN) and Regional-Owned Enterprises (BUMD).

"So those who are entitled to get priority have only been locked in Article 76 about only BUMN and BUMD. But then the Director General and legal people in the government were tested. That was not without discussion, Sir," he said.

Bahlil Lahadalia also asked for support from Commission XII of the Indonesian House of Representatives to form a Directorate General of Law Enforcement within the Ministry of Energy and Mineral Resources.

"But I ask all of you to please support this Director General of Gakkum, please support it very much because there must be a lot of enticement, temptation, this Director General. I'm just being honest. So I also ask, if we want to commit, we make this thing good, come on," said Bahlil.