Court legalizes mining in protected forests

Court legalizes mining in protected forests

Muninggar Sri Saraswati
The Jakarta Post/Jakarta

The Constitutional Court has cleared the way for 13 mining
companies to resume mining in protected forests, citing the
government's need to improve the investment climate in the
country.

Departing from common practice, the nine-strong panel of
judges voted unanimously on Thursday for the enactment of Law No.
19/2004 to revise Law No. 41/1999 on forestry that banned open
pit mining in protected forests, saying it did not violate the
Constitution.

A Constitutional Court verdict cannot be contested.

The ruling put an end to efforts by a group of non-
governmental organizations and environmentalists to demand the
revocation of the 2004 law, which they said was passed for the
benefit of the 13 companies. The new forestry law took effect
after the House approved the government regulation in lieu of law
which justified the operation of the mining companies.

"We can understand the government's argument that the
regulation should be issued otherwise it would face difficulties
in developing a favorable investment climate," Constitutional
Court president Jimly Asshidiqie said while reading the verdict.

The judges rejected the plaintiffs' argument about the
issuance of the government regulation in lieu of law, which they
said did not meet the criteria for an emergency.

"The President has the discretion to define emergency
conditions for the issuance a government regulation in lieu of
law, and the House will decide whether it can be passed into law
or not," Jimly said.

A government regulation in lieu of law is as powerful as a
law, although its enactment does not require the House's approval
due to its emergency nature. The government must notify the House
of the regulation, and the lawmakers must respond within one
month.

The government claimed that the regulation was issued to
prevent legal repercussions if Indonesia failed to honor mining
contracts. It said the 13 mining firms were allowed to resume
their operations in protected forests because they had proven
reserves and were economically viable.

Responding to the verdict, Siti Maemunah, the coordinator for
the Network for Mining Advocacy (Jatam), one of the plaintiffs,
said the ruling proved the government's failure to protect the
people.

"The government has failed to prevent corporations from
controlling the environment at the expense of the people," Siti
said.

She expressed the fear that the court ruling would lead to
deforestation and other environmental destruction causing the
Indonesian people to suffer.