DPR Targets Completion of Mining Concession Regulation Discussion by February 18

JAKARTA, KOMPAS - The Legislative Body of the House of Representatives is targeting the Draft Law on Mineral and Coal Mining to be enacted into law on February 18, 2025. Meanwhile, the government is still aligning the proposed management of mines with universities in the list of inventory issues or DIM to be discussed with the legislature.

The target plan was conveyed by the Chairman of the Legislative Body (Baleg) of the House of Representatives (DPR), Bob Hasan, during a working meeting agenda with the Minister of Law Supratman Andi Agtas and the Deputy Minister of Energy and Mineral Resources Yuliot Tanjung. Representatives from the State Secretariat Ministry were also present.

The agenda of the public meeting in Jakarta, Tuesday (11/2/2025), discussed the Draft Law (RUU) on the Fourth Amendment to Law Number 4 of 2009 concerning Mineral and Coal Mining (Minerba).

"The Legislative Body has scheduled discussions during the second session period of 2024-2025 and it is expected that the discussions at the first level of deliberation can be completed in the second session. Thus, at the plenary meeting on February 18, 2025, the Bill on Mineral and Coal can be approved as a law," he said.

However, the Legislative Body decided to postpone the working meeting because the government and the Regional Representative Council (DPD) of the Republic of Indonesia have not yet submitted the List of Problem Inventory (DIM). As conveyed by the executive representative, the Legislative Body agreed that the DIM should be initialed by the government within the next two days.

Yuliot Tanjung, when answering questions from journalists during a doorstep interview, explained that the Ministry of Energy and Mineral Resources has already issued DIM from all the amendments proposed by the House of Representatives. However, the government still needs time to accommodate input from various ministries and related agencies.

"This DIM also needs to consider input from inter-ministerial agencies. We are providing a deadline of tomorrow morning for it to be submitted by the ministries and agencies," said Yuliot.

Responding to the DPR's target to immediately pass the Minerba Bill, Yuliot admitted that they will try to follow the schedule set by the DPR. This was also confirmed by Supratman Andi Agtas, when met by reporters separately.

"It depends on the DPR, because the DPR has the agenda, this initiative is from the DPR. The government remains in accordance with the president's direction, we will complete the DIM as soon as possible," he said.

Meanwhile, Supratman said the government is still considering changing regulations related to mining management for universities as a source of funding for related educational institutions. Mechanisms such as direct provision of mining management to universities or not are currently being discussed.

"One way, instead of giving directly to universities, is that the government will appoint a BUMN or a third party. The results are divided by how much can be donated to universities, so that it can be evenly distributed. That is what makes DIM necessary for us to align," he said.

Another proposed regulation by the DPR that is being discussed by the government is the granting of mining management permits for religious community organizations (ormas). Supratman himself considered the regulation positive as a fulfillment of financing needs in economic and social functions, so that ormas do not only depend on state and member donations.

Executive Director of the Center of Economic and Law Studies (Celios) Bhima Yudhistira, when contacted by Kompas, was of the opinion that the Minerba Bill would be a rushed product like the Job Creation Law which was not participatory and the process was forced to be rushed.

One way instead of giving directly to universities, the government will appoint state-owned enterprises or third parties. The results are divided into how much can be donated to universities, so that it can be evenly distributed.

"Products of laws that are rushed to be published are at risk of being challenged at the Constitutional Court, which will ultimately raise questions about the legitimacy of the laws passed by the DPR," said Bhima.

In addition, the Minerba Bill, according to him, is seen as only providing a loophole for campuses and mass organizations to accept mining without a clear study. "Now where is the academic text of the bill, can't the public read it? The reasons campuses and mass organizations accept mining are made up and unscientific," he said.

Celios, Bhima said, reminded that no university in the world is authorized to manage mines. Universities such as those in the United States and Europe are only authorized to create innovation and skills training, but not to manage mines. In fact, according to him, campus endowments in the US and Europe avoid mining because they are environmentally risky and morally questionable.

Wahyu Perdana, Head of the Natural Resources Political Studies Division of the Institute for Public Policy and Wisdom (LHKP) of the Muhammadiyah Central Leadership (PP), as one of the religious mass organizations, in an online discussion on the Minerba Bill, Monday (20/1/2025), said that PP Muhammadiyah accepted the government's policy of granting mining business permits to mass organizations.

But at the regional level, he and other civil society groups have filed a request for a material review of the provisions regarding the Special Mining Business Permit Area (WIUPK) for community organizations. This was previously regulated in Government Regulation Number 25 of 2024 concerning Amendments to Government Regulation Number 96 of 2021 concerning the Implementation of Mineral and Coal Mining Business Activities.

They filed a judicial review of the regulation to the Supreme Court (MA) in October 2024. "This is a trap for religious organizations, now it's even universities," said Wahyu.

The regulation related to the handover of mining management to mass organizations or universities is considered risky. This has the potential to shift social conflict between corporations and communities in mining areas to the community.