Pembahasan Rancangan Undang-Undang Tentang Perubahan Keempat Atas Undang-Undang No.4 Tahun 2009 tentang Pertambangan Mineral dan Batubara (RUU Minerba) terus bergulir. Rapat paripurna DPR RI Ke-11 masa persidangan II tahun sidang 2024-2025 menyepakati RUU Minerba sebagai RUU usul inisiatif DPR.
Salah satu poin utama dalam draft RUU tersebut, adalah adanya payung hukum pemberian Izin Usaha Tambang (IUP) terhadap sejumlah pihak. Di antara yang ingin diberikan izin adalah ormas keagamaan, perguruan tinggi hingga usaha mikro kecil menengah (UMKM). Menteri Energi dan Sumber Daya Mineral (ESDM) menegaskan akan mendukung penuh jika revisi tersebut benar-benar mencerminkan amanah yang tertuang dalam Pasal 33 Ayat 3 Undang-Undang Dasar 1945.
Salah satu poin utama dalam draft RUU tersebut, adalah adanya payung hukum pemberian Izin Usaha Tambang (IUP) terhadap sejumlah pihak. Di antara yang ingin diberikan izin adalah ormas keagamaan, perguruan tinggi hingga usaha mikro kecil menengah (UMKM). Menteri Energi dan Sumber Daya Mineral (ESDM) menegaskan akan mendukung penuh jika revisi tersebut benar-benar mencerminkan amanah yang tertuang dalam Pasal 33 Ayat 3 Undang-Undang Dasar 1945.
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TVTranscript
00:00Mineral and Coal Initiative
00:05Mineral and Coal Initiative
00:13People's Representatives' Council has officially proposed
00:16an initiative to revise Law No. 3 of 2020
00:20on Mineral and Coal.
00:22One of the proposals in the initiative
00:24is related to the expansion of the subject of
00:26mining permit acceptance.
00:32After being discussed in the DPR legislation
00:35on January 21, 2025,
00:38the revision of Law No. 3 of 2020
00:41on Mineral and Coal
00:43was officially proposed by the DPR.
00:45It was decided in the meeting of the 11th DPR Paripurna
00:48during the two-year session of the 2024-2025
00:53which was led by the Deputy Chairperson of the DPR RI, Sufmi Dasko Ahmad.
00:57Now we ask,
00:59is the RUU about the fourth amendment to Law No. 4 of 2009
01:03on the mining of minerals and coal
01:05can be approved to be the RUU of the DPR RI?
01:10Thank you to the representatives of the party
01:12who have just delivered the opinion of the party
01:14and to the members of the council who are present as well.
01:17With the permission of the heads of the council
01:19and present, we close today's hearing
01:22Alhamdulillahirrahmanirrahim.
01:23Assalamualaikum Warahmatullahi Wabarakatuh.
01:28One of the speeches that emerged in the Minar-Bai Law revision
01:31which became the purpose of the DPR initiative
01:34is the expansion of the provision of mining management rights,
01:36including to the higher education.
01:38Sufmi estimates that the purpose arises
01:40so that the campus has other sources of income.
01:44Sufmi hopes that the provision of mining management permits
01:47can provide good benefits to the higher education itself.
01:51The head of the DPR legislative body, Bob Hassan, said
01:54the provision of the Minar-Bai Law revision
01:56arises so that the public not only receives
01:58a negative impact from mining business,
02:00but also gets an opportunity to manage mining.
02:04And after being established as the RUU of the DPR initiative,
02:08the Minar-Bai Law revision will be discussed with the government
02:11before it is verified as a law.
02:14On the other hand, the director of the construction of the Minar-Bai program
02:17of the Ministry of Energy and Mineral Resources, Julian Ambassador Siddiq, said
02:21the provision of the DPR will be discussed with the government.
02:25Even now, the Ministry of Energy and Mineral Resources
02:27has begun to conduct internal research on the provision.
02:31Various sources of IDX channel
02:40Yes, Mr. Mirsa, to discuss our topic this time,
02:42to compensate for the loss of the provision of mining management permits,
02:45we have connected via Zoom with Mr. Rizal Kasli,
02:48he is the head of the Indonesian Union Mining Agency.
02:52Yes, hello, Mr. Rizal, how are you?
02:55Good, Alhamdulillah, how are you, bro?
02:56Good news too, Mr. Rizal, thank you for your time
02:59and we are also joined by Mrs. Meidi Catherine Lengki,
03:02she is the general secretary of the Indonesian Mining Association.
03:05Hello, how are you, Mrs. Meidi?
03:07How are you, Mr. Purba?
03:10Okay, thank you for your time too.
03:12And before you go any further, let's go to Mr. Rizal first.
03:15Your review, Mr. Rizal, related to the implementation of Law No. 3 of 2020
03:19on Minerba, how is it so far? Please.
03:23Okay, Mr. Rizal.
03:25Law No. 3 of 2020 is not yet five years old.
03:29It means that we need to review together
03:33whether the Minerba Law that was approved
03:36at that time also with the atmosphere of the earthquake
03:40is beneficial or not in line with the expectations
03:45expected by the former
03:48Indonesian law and society in general.
03:51So, in our opinion,
03:53we have to do a review of Law No. 3 of 2020
03:57in general, where are its weaknesses.
04:00And we will not repeat this again
04:02by revising this Minerba Law
04:07in a hurry
04:09without getting a comprehensive input
04:12from all stakeholders in the field.
04:16In our opinion, this law
04:19was also implemented late at that time
04:22because some regulations were released late,
04:27such as the government regulations,
04:29then the press, the presidential regulations,
04:31were released late,
04:33so there was a little, as I said,
04:37in quotation marks, huru hara,
04:39in the mining field,
04:41where there are many licensing issues
04:43that cannot be resolved.
04:45And there was a violation of the license
04:49from the central area.
04:51And so, many licenses were violated
04:55that cannot be resolved
04:57because of the limitation of human resources
04:59in the Ministry of Primary Industries.
05:01And besides that, there are also many obstacles
05:04in the approval or approval
05:07of the Ministry of Primary Industries
05:09that cannot be resolved.
05:12So there are many losses on the part of the company
05:16and also the country
05:18that does not get the maximum benefits
05:22from this mining business.
05:24Okay.
05:25What do you think of this?
05:27What do you think of the implementation
05:29of Law No. 3 of 2020
05:31if we look at it from the perspective
05:33of the mining sector itself?
05:35Yes. Thank you, Mr. Purba.
05:37So, in our opinion,
05:38what Mr. Rizal just said,
05:40if we look at the year 2020,
05:43now it's only 2025,
05:45how is the implementation?
05:47It's true, it's not even 5 years yet.
05:49And there are many delays
05:51in the technical descendants
05:53of the Minerba Law.
05:55The most fatal thing we see
05:57is both from the law
05:59and just last year,
06:01in 2020, the Government Regulation No. 70
06:05and the Government Regulation No. 76
06:11on what to give to the community organizations.
06:15Okay.
06:16What really needs to be highlighted
06:18is how to review the implementation
06:21of the existing Government Regulation.
06:23The existing Government Regulation.
06:24Let's review first
06:25what the implementation is like.
06:27And if you look at the past 4 years,
06:292020 to 2025,
06:31which is 4 years,
06:33what is the implementation like?
06:35What are the rules of the descendants?
06:38To be honest, Mr. Purba,
06:39we, the miners, especially nickel,
06:42experience a little delay.
06:45Delay in licensing,
06:47delay in RKAB approval.
06:50You know yourself,
06:51last year, the delay in RKAB approval
06:54was indeed a transition from one year to three years,
06:57which resulted in the import of nickel from abroad.
07:01So there are a lot of delays.
07:03In addition,
07:04before we go to the new regulation,
07:06there should be a review first,
07:08there should be a study first.
07:09The previous regulation,
07:10where are the shortcomings,
07:11what needs to be added
07:12or what needs to be reduced.
07:13Now, suddenly there is a new regulation
07:15that is very fatal for us.
07:17Because if we want to highlight it later,
07:20maybe Mr. Purba will ask,
07:21highlight item by item,
07:23quite a lot is lost for us.
07:26And the most important thing is,
07:27Mr. Purba, right now we are focusing on ESG.
07:30We are being attacked by green energy.
07:32Can we do it? Are we ready?
07:34In the implementation of the ESG program later.
07:37That's what Mr. Purba highlights for us.
07:39Yes, yes.
07:40But if we look at it from the legal perspective,
07:43is it actually possible,
07:44finally, to support the growth of the business
07:46of Hulu Nickel itself
07:48since it was done last year?
07:51Yes, that's back to Mr. Purba.
07:53We are quite proud,
07:55if we talk about nickel,
07:56we are quite successful.
07:57We have a success story
07:58of nickel downstream.
08:00Although there are many sectors that we have to fix.
08:04We are successful.
08:05We just started.
08:07Of course there must be amendments.
08:09And we are also attacked
08:11to the battery passport.
08:13They say Indonesia's Nickel is dirty
08:15or bloody or whatever.
08:18We must have amendments, Mr. Purba.
08:20How to implement is
08:22to support the green energy program in the future.
08:25Well, right now,
08:27mining operators who are already, in quotation marks,
08:30already professional, already have the capability,
08:33already have experience,
08:34there are still many challenges.
08:37We are still facing obstacles.
08:39And the most important thing, Mr. Purba,
08:41right now, miners are in trouble,
08:44they are in trouble with the condition of the cost of mining.
08:48The production cost is now increasing,
08:50where the price of nickel is decreasing.
08:53We will come back later
08:55to non-professional actors,
08:57for us, non, not yet,
08:59not yet professional, maybe not yet.
09:01We will discuss later in the next segment
09:05on the strategy of what needs to be applied,
09:08Mr. Media and Mr. Rijal.
09:09We will take a break for a while.
09:10We will be right back after the next break.
09:14Thank you for joining us in Market Review.
09:16In the next segment, we will present data for you
09:19related to the priority of the application
09:21for a special mining business permit.
09:23Yes, you can see the full details on the television screen.
09:26Here it is.
09:27There is a priority of the application
09:29given to the state-owned enterprises,
09:31then the state-owned enterprises.
09:33This is based on the Law No. 3
09:35of the State-Owned Enterprises Regulation.
09:37This is based on the Law No. 3
09:40of the State-Owned Enterprises Regulation.
09:42This is based on the Law No. 3 of the State-Owned Enterprises Regulation.
09:45Next, the application from the mining enterprises.
09:48Who are they?
09:49There are BUMN, then BUMD,
09:52Koprasi,
09:53Badan Usaha Kecil dan Menengah,
09:55Badan Usaha Milik Ormas Keagamaan,
09:57then Badan Usaha Milik Perguruan Tinggi,
10:00and Badan Usaha Swasta.
10:02This is based on the application
10:03from the Minerva Law Review.
10:06Next, we will take a look
10:07at the nickel reserves in a number of countries.
10:10In Australia and Indonesia,
10:13there are around 21 million metric tons,
10:15including Brazil, Russia, New Caledonia,
10:18the Philippines, Canada, China, the United States,
10:21and a number of other countries.
10:23Let's continue our discussion
10:25with Mr. Rizal Kasli.
10:27He is the Chairperson of the Indonesian Union
10:29of Mining Enterprises.
10:31Then, there is Ms. Medhi Katerin Lingki
10:34from APNI, Indonesian Mining Association.
10:37If we look at some of the data
10:39that Mr. Rizal has provided,
10:41what can we look at
10:43in the Minerva Law Review
10:45and how other parties
10:47will be involved
10:49in the management of mining in Indonesia?
10:54Indeed, with the Minerva Law Review
10:58that is being planned,
11:00it will involve MSMEs,
11:02cooperatives, religious organizations,
11:05and high-level organizations.
11:07I see that cooperatives and MSMEs
11:10have actually been adopted
11:12in the Minerva Law No. 30, 2020,
11:16where they can apply
11:18for the first business license
11:20and require IPL.
11:21Because there is a limit
11:24on capital and technology.
11:26Even if there is a large cooperative
11:29that really wants to have
11:32a larger concession area,
11:34they can make a limited company
11:37or a company-type IPL
11:39that can offer and participate
11:42with other MSMEs.
11:45For ORMAS, we see that
11:48this has become
11:51an ideal from the beginning of the Minerva Law Review.
11:55Maybe it can be added
11:57in the Minerva Law Review.
11:59Then, when it comes to high-level organizations,
12:02we know that this mining business
12:05requires a very long time,
12:08large capital,
12:11high risk,
12:12and also involving technology.
12:15Do high-level organizations
12:17have enough financial ability
12:20to be able to do
12:23activities from exploration
12:25to construction, production,
12:28and marketing,
12:30which takes 6-8 years.
12:33We are worried that
12:35high-level organizations will be affected
12:38by the volatility of commodity prices,
12:42so that this business can be lost.
12:44If it is based on the DPR,
12:47or the DPR legislation,
12:49which states that this is to add
12:51financial capital to high-level organizations,
12:53we are worried that
12:55if high-level organizations suffer losses,
12:57it will also burden the students
12:59in paying for their tuition.
13:02Or at the same time,
13:04the high-level organizations will be disbanded
13:06because of the inability to pay
13:08to cover the losses of the mining business.
13:11We are grateful,
13:12but because of this commodity,
13:14as Ms. Mehdi said earlier,
13:16that now the price of nickel is going up and down,
13:19are high-level organizations willing
13:21to cover the losses?
13:23We are also aware that
13:25with the losses,
13:27and using state funds
13:29for high-level organizations,
13:31this will be a kind of
13:33Batman trap for
13:35the rectors,
13:37to be able to influence,
13:39so that they have to
13:41follow the government's will,
13:44even though there are things
13:46that are not in line with
13:48the high-level organizations.
13:50Mr. Rijal, how high is the urgency
13:52of the revision of the law
13:54if we relate it to the conditions
13:56or some potentials
13:58that need to be discussed together,
14:00from the management of mining itself,
14:02from ORMAS,
14:04or high-level organizations,
14:06corporations, MSMEs?
14:08If I look at it,
14:10the urgency is very low.
14:12It means it is not urgent
14:14to revise the law.
14:16For example, ORMAS Gagaman,
14:18it can make a limited company,
14:20or PT,
14:22and it has to follow the government's will.
14:24Now, the government can
14:26give,
14:28even now,
14:30the government can give
14:32a kind of
14:34priority,
14:36but it is not written,
14:38for example, to facilitate
14:40following the government's will.
14:42But we must remember,
14:44the government's will also has a large amount of funds
14:46to pay for data and information compensation,
14:48or KDI,
14:50which we know in mining.
14:52And this is quite large.
14:54This is what we must avoid,
14:56so that the company
14:58does not pay the KDI,
15:00causing potential corruption.
15:02Because of the state's loss
15:04in this matter.
15:06So, in my opinion, there is no urgency
15:08to revise the Minerva Law,
15:12other than
15:14to make a company,
15:16and follow the existing rules.
15:18Alright.
15:20Ms. Mehdi, how do you see
15:22the involvement of other parties
15:24in the management of mining,
15:26even though all citizens
15:28have the same right
15:30to manage
15:32mining in Indonesia,
15:34how do you see it?
15:36While you said at the beginning,
15:38there were some revisions that
15:40did not benefit
15:42Indonesia's mining sector,
15:44especially in the nickel sector.
15:46Yes, Mr. Pras.
15:48So, we, the players,
15:50in professional terms,
15:52will give an impact
15:54of unfairness.
15:56So, what is unfairness?
15:58We are a company that already has
16:00the capability, the capital,
16:02the ability, the skills,
16:04and the experience,
16:06and we are facing the next challenge,
16:08why is there a priority language?
16:10Priority.
16:12The language is very unfair.
16:14Why priority?
16:16What is the scale? What is the urgency?
16:18And for us,
16:20if we look at article 51 of the RUU,
16:24it says there is a higher education.
16:26Well, I also went to college,
16:28Mr. Pras.
16:30At the beginning of college,
16:32what do we always confuse?
16:34The tridharma of higher education.
16:36Well, the tridharma of higher education
16:38is that the students
16:40in the end just think of making money.
16:42Right?
16:44Well, I was asked to go to college,
16:46but if there is a business,
16:48I think the focus is there,
16:50not studying.
16:52But actually there are solutions
16:54if in the end,
16:56this RUU will still be audited.
16:58There must be preventive measures.
17:00What are the preventive measures like?
17:02Earlier, I agreed with Mr. Rizal
17:04that this is the right of all citizens
17:06of Indonesia.
17:08All.
17:10Not limited to one group.
17:12Well, in this case,
17:14maybe the higher education,
17:16or cooperation,
17:18or civil society organizations
17:20just want to join,
17:22but in quotation marks,
17:24the gap is open.
17:26Well, we also read the limit
17:28of at least 2,500 hectares.
17:30We ourselves are 200,
17:32100 or 200 hectares already
17:34is that
17:36how the priority scale
17:38is replaced with an open gap,
17:40given the opportunity to companies,
17:42businesses, or anyone
17:44who has the capacity,
17:46capability. For example,
17:48the area of ​​100 to 1,000 hectares,
17:50the participant must have
17:52qualifications, for example,
17:54the capital contribution must be at least 100 billion,
17:56have a minimum weight
17:58of 100 or 20 units
18:00or 50 units, whatever.
18:02The most important thing,
18:04Mr. Prasya, is how
18:06experts,
18:08experts in doing these three additions,
18:10they already have it,
18:12from exploration, from production,
18:14stockpiling, from trucking, barging,
18:16quality control, even
18:18to safety or K3.
18:20And more importantly,
18:22Mr. Prasya, I repeat, we are
18:24facing the challenges of ESG.
18:26Does the business body
18:28already have a plan for rehabilitation,
18:30reclamation, re-vegetation,
18:32or ESG implementation
18:34program? This is the most important thing,
18:36Mr. Prasya. Well, it remains to see how the
18:38regulations in the PP later,
18:40or in the permit or whatever,
18:42please, if you have to,
18:44whether you want to or not, because usually
18:46when it comes in, it's like a knock-knock,
18:48Mr. Prasya.
18:50But okay,
18:52let's find the solution. What is the solution?
18:54The input from us is as I mentioned earlier,
18:56Mr. Prasya, from 100 hectares to
18:58200 hectares or up to 1,000 hectares,
19:00what is the qualification like?
19:02Then 1,000 to 2,000 hectares, what is the qualification
19:04like? The most important
19:06point 4, 3 and 4 that I mentioned earlier,
19:08Mr. Prasya. How are the experts
19:10and how are the
19:12programs for the implementation of
19:14rehabilitation, reclamation, or
19:16re-vegetation later for the ESG program?
19:18This is the most important thing, Mr. Prasya.
19:20Don't let
19:22even if it has been given,
19:24because most of them, Mr. Prasya, are afraid,
19:26quote-unquote, you have been given
19:28to Mr. Prasya as a corporation or
19:30as a higher authority.
19:32Mr. Prasya sells,
19:34sorry, or in our language, J.O.,
19:36looking for foreign capital
19:38for implementation. In the end,
19:40Mr. Prasya only accepts royalties.
19:42And Mr. Prasya finally
19:44doesn't carry out the responsibility
19:46that I mentioned earlier for ESG.
19:48In the end, a country that
19:50will complete the
19:52rehabilitation implementation earlier.
19:54A country that should not get money
19:56but instead gets money.
19:58Because it cleans the mining areas
20:00that are, quote-unquote, damaged.
20:02This is interesting.
20:04Mr. Rizal, lastly, how is it?
20:06Do you need anything?
20:08What are the limits that need to be respected?
20:10Earlier, there was ESG there,
20:12the ability of experts and others,
20:14how is the communication,
20:16and also the flight hours.
20:18Please, sir.
20:20Indeed, if we look at it,
20:22this is the motto that I see,
20:24the motto of the coalition,
20:26solving problems without problems.
20:28If I am the DPR,
20:30this is solving problems by creating new problems.
20:32By creating UMKM involved.
20:34How many UMKM in Indonesia?
20:36How many operations in Indonesia?
20:38How do we analyze it?
20:40While in mining,
20:42mining industry,
20:44it is very highly regulated.
20:46There are quite a lot of rules.
20:48One of them is to follow
20:50good mining practice.
20:52How can we imagine
20:54right now,
20:56there are a lot of issues that cannot be controlled, monitored,
20:58and good by the government.
21:00How do we have to create thousands of UOPs
21:02which will be given to,
21:04for example,
21:06community organizations,
21:08UMKM,
21:10high-level operations,
21:12which up to accreditation B is hundreds.
21:14How do we control this?
21:16Do we want
21:18this country to be damaged,
21:20not controlled by
21:22the mining company?
21:24Then we just let it be.
21:26Now we have to return
21:28to the good intentions of
21:30the lawmakers
21:32that mining must be managed
21:34and good. Anyone can join
21:36according to
21:38the guidelines that apply.
21:40All citizens can join, but there are certainties.
21:42For example,
21:44they have financial ability,
21:46technically,
21:48expertise,
21:50potential.
21:52Then also follow the regulations
21:54that apply
21:56to protect
21:58workers and the environment.
22:00I can't imagine if
22:02the government will immediately issue
22:04thousands of UOPs again,
22:06while what is there right now
22:08is not managed well.
22:10That's my impression.
22:12Don't solve
22:14the problem
22:16by creating a new problem.
22:18That's what needs to be highlighted,
22:20how the government can take advantage
22:22of our natural resources
22:24with professional
22:26and high transparency,
22:28so that it can be very useful
22:30for the government, business
22:32and the community.
22:34Thank you very much for the information
22:36and updates given to the audience.
22:38Congratulations on continuing your activities.
22:40Stay healthy and see you again.
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