Mining decree deliberations commence
Moch. N. Kurniawan, Jakarta
The House of Representatives (DPR) established a special committee on Monday to deliberate a controversial government regulation in lieu of legislation (Perpu) No. 1/2004, which allows mining companies to resume operations in protected forests.
Legislator Moh. Askin, chairman of the sub-commission of Commission VIII that deals with the environment, said the setting up of the committee marked the beginning of process.
"The special committee consists of 27 legislators with most of them coming from Commissions III and VIII," Askin said.
Commission III is responsible for, among other things, forestry affairs, while Commission VIII is in charge of energy, oil, gas and the environment.
According to Askin, House Commission VIII had made up its mind to reject the regulation. Some members of Commission III had also expressed their opposition to the ruling.
A regulation in lieu of legislation, which enters into effect immediately after it is issued, is permitted where it is necessary to act quickly to deal with an emergency. However, experts and environmental activists have said that the current situation does not warrant such a regulation.
Government Regulation in Lieu of Legislation No. 1/2004 provides that all mining contracts entered into with mining firms before the implementation of Law 41/1999 on forestry must be honored.
Law No. 41/1999 prohibits open pit mining in protected forests. Open pit mining is a common method employed by mining firms in this country.
The issuance of Regulation No. 1/2004 sparked criticism from various sides worried that it would only pave the way for a number of mining firms to resume operations in protected forests.
Their fears came true as President Megawati Soekarnoputri issued Decree No 41/2004 on May 12 allowing 12 mining firms to operate in 13 locations that impinged on or were located in protected forests.
The 12 mining firms are PT Freeport Indonesia (2 mining sites), PT Karimun Granit (1), PT INCO (1), Indominco Mandiri (1), PT Aneka Tambang (2), PT Natarang Mining (1),PT Nusa Halmahera Minerals (1), PT Pelsari Tambang Kencana (1), PT Interex Sacra Raya (1), PT Weda Bay Nickel (1), PT Gag Nickel (1), and PT Sorikmas Mining (1).
State Minister for the Environment Nabiel Makarim had said earlier he had not been invited to the discussions on the regulation.
He said Minister of Forestry Affairs Mohammad Prakosa knew about the regulation, and asked The Jakarta Post to go to the Ministry of Energy and Mineral Resources to enquire about the issue.
Askin went on to say that the issuance of Government Regulation in Lieu of Legislation No. 1/2004 did not meet the requirement for an emergency as stipulated in the 1945 Constitution.
"We will ask the House to reject the regulation," he said.
Meanwhile, Maria Farida Indrati, a senior law lecturer, said that the government's reason for issuing the regulation needed to be examined.
"The government argues in the regulation that Law No 41/1999 has given rise to a lack of legal certainty for mining firms that signed contracts prior to its implementation. The government also claims that the Law has made it difficult for it to attract investors," she said.
"So we have to analyze from various perspectives the question of whether or not the government's reasons supporting the issuance of the regulation may be considered to be pressing," she said.