The Government through the Ministry of Energy and Mineral Resources (ESDM) often claims that downstream policy is one of the successes of work in President Joko Widodo (Jokowi)-Vice President Jusuf Kalla (JK) administration.
However, in the eyes of Advocacy Manager and PWYP Network Indonesia Aryanto Nugroho, it is not a success, but a failure in government, because the downstream policy is against the Mineral and Coal Law.
"The Ministry of Energy in particular Mineral and Coal has always said that one of the achievements of the performance of the mineral sector is the existence of a package of downstream policy, but for us the civil society it is not an achievement, but a failure in carrying out the mandate from Article 103 of the Mineral and Coal Law. So we have a view different from the Ministry of Energy and Mineral Resources, "said Aryanto, Friday (12/22/2017).
He continued the failure is also seen when a civil society group filed a lawsuit to the Supreme Court regarding this matter. Although lost in the lawsuit, there were things quite interesting.
Two of the three judges stated that the Ministerial Regulation does not contradict the Mineral and Coal Law while another one said otherwise. Aryanto thus considered that this policy should not be enforced.
"The two judges said the legal standing was problematic but there was one judge saying that the legal standing of the civilian group was accepted. And the judge declared that the Ministerial Regulation No. 5 and 6 were contrary to the Mineral and Coal Law. So if these two judges did not see the substance of the lawsuit, one of judge declared this legal standing is accepted and this regulation is against the Mineral and Coal Law," he explained.
To note, downstream in mineral and coal sector is the direction from President Jokowi. There are several directives on downstream policy, among which first all the natural resources should be utilized as much as possible for the welfare of the community.
Second, state revenues from the mineral sector should be considered. And the third it must consider the employment for the community in the hope that there will be no downstream operation that closes the job.
Source : Pramirvan Datu Aprilatu/NNC
23 December 2017
Editor (ENG) Hari Wiseno
Editor (INA)Firman Qusnulyakin