Jakarta, dpd.go.id – Committee II DPD RI calls for the revision of Act Number 4 of 2009 on Mineral and Coal Mining (Mining Act). This Mining Act still contains provisions that are so common so it is not operational. Committee II DPD RI has the initiative that the proposed Bill on amendments to Act No. 4 of 2009 on Mining Bill becomes the DPD RI initiative proposal.

Irwandy Arif (Chairman of the Association of Indonesian Mining Expert/PERHAPI) said amendment of Mining Act is needed if it is “urgent” or if possible simply through Government Regulation (PP) and Energy and Mineral Resources Ministerial Decision, a new Mining Act is not necessary, the most important is the real implementation of the Mining Act. Matters that need to be rethought in the Mining Act are (1) provisions on the classification of minerals that fundamentally differ from Act No.11 of 1967; (2) chapters 135 and 136 of the Act No.4 of 2009 on Mining “IUP and IUPK holders can carry out their activities only after obtaining approval from the holders of land rights”, it means that the Mining Act of ownership rights over land have been placed high or higher than the right, even the state’s obligation to use natural resources for the greatest prosperity of the people, that was clearly set out in the Public Hearing Meeting (RDPU) of Committee II in the Boardroom of Committee II DPD RI, building B, Senayan, Jakarta, Tuesday (01/31/2012).

Sutadi Pudjo Utomo (a mining expert) stated that to note in the amendment of Mining Law is that the Act provided puts based on mining politics and mining economics, do not refer for foreign literature which is impartial to the state. “Act No. 4 of 2009 on Mining contradicts with article 33, paragraph 3 of the 1945 Constitution,” Sutadi affirmed. The highest legal basis in governance performance in mining (oil and gas and public mining) is the 1945 Constitution, especially Article 33, paragraph 3 and paragraph 2. The key phrase of the two paragraphs in terms of the mining management system is “controlled by the State” and “for the greatest prosperity of the people”. “Controlled” has geo-political dimension that the State should have power (sovereign) for the management of existing natural resources, while “the largets” contains a geo-economic dimension that in the management there should be the maximization of business. In the Concession System Mineral right, mining right, and Economic right are controlled by mining companies to as the compensation the state receives royalties. The basic concept of Production Sharing Contracts system, in addition to receiving taxes state should receive a share of the profits of business. To refine the Act No.4 of 2009, it is necessary to add article in connection with the transfer of control to the State or Regional-Owned Enterprises (BUMN or BUMD) and article about the use of land for business of Coal and Mineral mining.

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