Just Ratified, Minerba Law Will be Sued to MK

Jakarta, TheIndonesiaPost – Law number 4 of 2009 concerning Mineral and Coal Mining (Minerba) which has just been ratified will soon be sued to the Constitutional Court.

The Clean Society of Indonesia Coalition plans to file a judicial review lawsuit against a number of articles. Among these; guarantee extension of permits, post mining reclamation obligations until the loss of articles of criminal sanctions against employers.

“Nearly 70 percent of the contents of the new Minerba Law are worthy of a judicial review,” said Coalition Member and Chair of the Campaign Division and Network of the Indonesian Legal Aid Foundation (YLBHI) Arip Yogiawa, quoted from CNNIndonesia.

Regarding the extension of mining permits, a lawsuit will be filed because Article 47 of the Revision of the Act allows mining companies to extend licenses without having to take part in the auction from the start.

In addition, Article 169A which contains guarantees of Contracts of Work and Coal Management Work Agreements (PKP2B) will be extended to IUPK will also be sued.

Arip said later the material testing process would be supported by civil society movements to academics to put political pressure on the government and parliament.

Therefore, the judicial review of the law will begin with the consolidation of the movement and the disclosure of cases of human rights violations in the mining area. “We want a political movement that is widespread and supported by various elements of the people,” he explained.

On the same occasion, ICW Researcher Egi Primayoga said that the Parliament and the Government should not continue discussing the revision of the Minerba Law because it had received strong opposition from the public. (rama/bbs)


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