Separated Qunut Unified Mining And Ended Up 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 began receiving bribes worth Rp 25 billion to give mining consensus to religious organizations falling to the man who was born in Banda, Maluku. Now, the distribution of mining permits is considered by a number of civil society leaders and organizations loaded with political transactions.

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

Bahlil Lahadalia's closeness with Jokowi can be proven from the change of position of Minister of Energy and Mineral Resources Arifin Tasrif in the remaining two months of government. Member of Commission VII DPR RI, 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 said that the change of ministers this time was a wasteful job in terms of performance and was stronger in terms of political weights.

"It was an inappropriate dismantling-pair step. What can be expected from the new minister structurally in less than two months. Discussion with the DPR is also only one trial period left. So this is purely political," said Mulyanto, Tuesday, August 20.

Mulyanto explained, in terms of laws and regulations, at the end of this administration, the remaining homework that must be completed by the Minister of Energy and Mineral Resources is the EBET Bill, National Energy Policy PP (KEN), and the Oil and Gas Bill. Mulyanto also asked whether with little time all regulations could be completed. This PKS politician emphasized that Jokowi is like a president who lacks work.

"Can this regulation be resolved if the Minister suddenly changes. In my opinion, it will be even more delayed. There is no need for a reshuffle now. The president seems to be out of work," added Mulyanto.

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

Of the more than 2,000 IUPs revoked, more than 90 have been turned on again. Information (which we received, activated) is in a convoluted way," Mulyanto told VOI, Monday, November 18.

In addition, Mulyanto stated that Commission VII of the DPR often receives reports from nickel mining associations that provide reports about the number of mining business permits that have been revoked for no apparent reason. "Yes, this has become an internal conversation in Commission VII of the DPR RI. This certainly raises a big question mark and suspicion," he said.

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

Sharing Mining Permits Easy For 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 the Special Mining Business Permit Area (WIUPK) to Religious Organizations based on the results of the mass organization's struggle. However, there are other organizations that also want Indonesia.

"Then I thought that many other parties were fighting bloodyly for our Republic. Where the End of Vetera of the Republic of Indonesia cannot be monthly, they suffer," said Dedi at a Hearing Meeting (RDP) at the DPR Building, mid-June.

The two largest Religious Community Organizations (Ormas) in Indonesia officially expressed interest in managing the Special Mining Business Permit Area (WIUPK) granted by the government of Indonesian 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 Fellowship of Churches in Indonesia. However, the two mass organizations have not expressed interest in managing the mining sector.

However, the granting of mining permits to religious organizations is considered vulnerable to becoming a political transaction arena. This was corroborated by the submission of a lawsuit for judicial review to the Supreme Court by a number of civil society figures and organizations. The request for judicial review of Government Regulation 25/2024. The sued regulation contains the priority of mining permits for religious organizations. This judicial review was submitted to the Supreme Court on Tuesday, October 1, 2024.

The Advocacy Team for Rejecting Mining argued that PP 25/2024 was not only legally flawed. The regulation has the potential to become an arena for political transactions. The granting of mining permits without an 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 Advocacy Team Rejecting Mining stated that it wanted to save religious mass organizations from the vortex of dirty energy mining. Thus, religious organizations can return to their klittah and preserve the environment from damage.

"We have to save this religious mass organization. If left unchecked, it will set a bad precedent. Mining land will always be used as a transaction tool for political silencing by the government," explained M Raziv Barokah, the representative of the attorneys of the petitioners, in a written statement.

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

He conveyed this last week at a Joint Working Meeting with Commission XII, DPR RI. "When it comes to the Constitutional Court, it is related to community organizations that we have given to one of them, NU. That is what is being sued," said Bahlil Lahadalia, Thursday. November 14.

Bahlil, assessed that the policy of granting mining permits drew attention due to 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 have the right to get priority only have been locked in Article 76 about only BUMN and BUMD. But then by the Director General and legal people in the government it is then tested. It is not without discussion, sir," he said.

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

"But I ask all of you to help, please support this, Director General of Law and Human Rights, please support it very much because it must be his seduction, the temptation is a lot of the Director General. I'm honest. So I also ask, if we want a commitment, we make this good stuff, come on," said Bahlil.