Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami Rimba Supriatna, Mahinda Arkyasa
Hazil Ma’ruf, resident of Bangka Belitung province, has filed an application for judicial review of Law No. 4 of 2009 on Mineral and Coal Mining (Mining Law) to the Constitutional Court (MK).
The applicant requested MK to review Articles 125 (2), 126 (1), and 127 of the Mining Law, which stipulate the classification and qualification of mining businesses.
Hazil argued that these articles contradict the 1945 Constitution and discriminate against small miners.
Thamrin Sihite, Director General of Mineral and Coal at the Ministry of Energy and Mineral Resources, immediately rebutted Hazil’s argument. In a review proceeding at MK, Tuesday (12/2), the Director General stated that the abovementioned articles do not contradict the 1945 Constitution.
According to Thamrin, classification of mining businesses have been stipulated under the Minister of Energy and Mineral Resources Regulation No. 28 of 2009 on Organizing Coal and Mineral Mining Businesses, as amended by Minister of Energy and Mineral Resources Regulation No. 24 of 2012.
The reviewed articles, Thamrin added, essentially aim to organize and control mining businesses, as well as protect the environment from illegal mining activities, not discriminate against small miners.
Furthremor, Thamrin asserted that the reviewed articles are not discriminative because they provide equal rights to business entities, cooperatives, and individual miners for conducting mining activities.
“[Business entities, cooperatives, and individual miners] have equal rights to be engaged in mining activities. However, there are requirements in subsequent regulations that must be fulfilled,” Thamrin said to hukumonline after the proceeding.
Meanwhile, Harry Witjaksono, member of Commission III of the House of Representatives, argued that if MK decides to strike down the articles, there will be a vacuum of legal framework and uncertainty among mining businesses.
(jt)
Rimba Supriatna, Mahinda Arkyasa
Hazil Ma’ruf, resident of Bangka Belitung province, has filed an application for judicial review of Law No. 4 of 2009 on Mineral and Coal Mining (Mining Law) to the Constitutional Court (MK).
The applicant requested MK to review Articles 125 (2), 126 (1), and 127 of the Mining Law, which stipulate the classification and qualification of mining businesses.
Hazil argued that these articles contradict the 1945 Constitution and discriminate against small miners.
Thamrin Sihite, Director General of Mineral and Coal at the Ministry of Energy and Mineral Resources, immediately rebutted Hazil’s argument. In a review proceeding at MK, Tuesday (12/2), the Director General stated that the abovementioned articles do not contradict the 1945 Constitution.
According to Thamrin, classification of mining businesses have been stipulated under the Minister of Energy and Mineral Resources Regulation No. 28 of 2009 on Organizing Coal and Mineral Mining Businesses, as amended by Minister of Energy and Mineral Resources Regulation No. 24 of 2012.
The reviewed articles, Thamrin added, essentially aim to organize and control mining businesses, as well as protect the environment from illegal mining activities, not discriminate against small miners.
Furthremor, Thamrin asserted that the reviewed articles are not discriminative because they provide equal rights to business entities, cooperatives, and individual miners for conducting mining activities.
“[Business entities, cooperatives, and individual miners] have equal rights to be engaged in mining activities. However, there are requirements in subsequent regulations that must be fulfilled,” Thamrin said to hukumonline after the proceeding.
Meanwhile, Harry Witjaksono, member of Commission III of the House of Representatives, argued that if MK decides to strike down the articles, there will be a vacuum of legal framework and uncertainty among mining businesses.
(jt)