Court legalizes mining in protected forests<\/p>\n
Muninggar Sri Saraswati
\nThe Jakarta Post\/Jakarta<\/p>\n
The Constitutional Court has cleared the way for 13 mining
\ncompanies to resume mining in protected forests, citing the
\ngovernment's need to improve the investment climate in the
\ncountry.<\/p>\n
Departing from common practice, the nine-strong panel of
\njudges voted unanimously on Thursday for the enactment of Law No.
\n19\/2004 to revise Law No. 41\/1999 on forestry that banned open
\npit mining in protected forests, saying it did not violate the
\nConstitution.<\/p>\n
A Constitutional Court verdict cannot be contested.<\/p>\n
The ruling put an end to efforts by a group of non-
\ngovernmental organizations and environmentalists to demand the
\nrevocation of the 2004 law, which they said was passed for the
\nbenefit of the 13 companies. The new forestry law took effect
\nafter the House approved the government regulation in lieu of law
\nwhich justified the operation of the mining companies.<\/p>\n
\"We can understand the government's argument that the
\nregulation should be issued otherwise it would face difficulties
\nin developing a favorable investment climate,\" Constitutional
\nCourt president Jimly Asshidiqie said while reading the verdict.<\/p>\n
The judges rejected the plaintiffs' argument about the
\nissuance of the government regulation in lieu of law, which they
\nsaid did not meet the criteria for an emergency.<\/p>\n
\"The President has the discretion to define emergency
\nconditions for the issuance a government regulation in lieu of
\nlaw, and the House will decide whether it can be passed into law
\nor not,\" Jimly said.<\/p>\n
A government regulation in lieu of law is as powerful as a
\nlaw, although its enactment does not require the House's approval
\ndue to its emergency nature. The government must notify the House
\nof the regulation, and the lawmakers must respond within one
\nmonth.<\/p>\n
The government claimed that the regulation was issued to
\nprevent legal repercussions if Indonesia failed to honor mining
\ncontracts. It said the 13 mining firms were allowed to resume
\ntheir operations in protected forests because they had proven
\nreserves and were economically viable.<\/p>\n
Responding to the verdict, Siti Maemunah, the coordinator for
\nthe Network for Mining Advocacy (Jatam), one of the plaintiffs,
\nsaid the ruling proved the government's failure to protect the
\npeople.<\/p>\n
\"The government has failed to prevent corporations from
\ncontrolling the environment at the expense of the people,\" Siti
\nsaid.<\/p>\n
She expressed the fear that the court ruling would lead to
\ndeforestation and other environmental destruction causing the
\nIndonesian people to suffer.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/court-legalizes-mining-in-protected-forests-1447893297",
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