Forced Marriage Holding SOE Mine

By : Kormen Barus And Aldo Bella Putra | Saturday, February 24 2018 - 15:00 IWST

Ilustrasi situasi tambang bawah tanah (Foto Ist)
Ilustrasi situasi tambang bawah tanah (Foto Ist)

INDUSTRY.co.id - Jakarta, The establishment of holding BUMN Tambang impressed forced because Inalum has a different market structure with mining companies under it.

Coalition of Civil Society Rescue Society consisting of Dr. Ahmad Redi, Dr. Agus Pambagio, Marwan Batubara, Dr. Lukman Manaulang, Center for Energy and Mining Law Studies, and Legal Consultation and Legal Aid Institute of Sahid University Jakarta, on Thursday, January 4, 2017, officially registered a judicial review to the Supreme Court on PP. 47 Year 2017 on the Addition of State Equity Participation into Share Capital of PT INALUM.

Application registered in Supreme Court with Number 001 / HUM / 2018.

Ahmad Redi as Coalition Spokesman stated that the petition for judicial review of PP 47/2017 is a form of Constitutional Coalition ijtihad to ensure that the Government's holding by removing the status of BUMN (Persero) PT Antam, PT Bukit Asam and PT Timah is a wrong policy because it is contradictory to Article 33 paragraph (2) and paragraph (3) of the 1945 Constitution, State Finance Law, BUMN Law, and Minerba Law.

According to him, the state loses direct control over PT Antam, PT Bukit Asam, and PT Timah. Whereas according to the State Finance Law, state capital participation must through the mechanism of APBN which means must get the approval of Parliament.
The loss of control of the Government and the House of Representatives directly to PT Antam, PT Bukit Asam and PT Timah is very dangerous considering the transformation of state assets into non-state assets.

This resulted in the loss of state financial oversight from BPK, BPKP, and KPK. As well as the possibility of holding corporate actions that have the potential or significantly detrimental to the national interest due to changes in the form of state enterprises into private companies remove the control of the Government and Parliament.

In addition, according to Bisman Bakhtiar as the Legal Counsel of the Petitioners, the issuance of PP 47/2017 resulted in the loss of public service obligation obligation as regulated in BUMN Law to PT Antam, PT Bukit Asam and PT Timah.
Bisman said, SOEs (Persero) was founded not only to seek profit but also for public service obligation (obligation public service) to the people of Indonesia.

As a result of this holding PT ANTAM, PT BUKIT ASAM, and PT TIMAH there is no obligation or assignment of PSO anymore. If forced PSO to PT ANTAM, PT BUKIT ASAM, and PT TIMAH potentially criminal.

In addition, in the PSO State Finance Law in the framework of private equity participation (PT ANTAM et al) can only be done under certain circumstances which result in the national economy with the approval of the DPR.

Furthermore, PT ANTAM, PT BUKIT ASAM, and PT TIMAH can no longer enjoy the luxury of special policies for BUMN in the field of mining as stipulated in the Mining Law as a form of implementation of Article 33 paragraph (3) of the 1945 Constitution.
Director of Legal Consultation and Legal Aid Institute of Sahid University, Wahyu Nugroho as one of the Petitioners for Material Testing, stated that PP 47/2017 has degraded the public participation in overseeing the company that used to own the country, and now turns private.

In addition, the obligation of SOEs to participate in prospering the Indonesian people in accordance with Article 33 paragraph (3) of the 1945 Constitution has ceased to exist due to the change of PT ANTAM et al.

The Civil Society Coalition hopes that the Supreme Court can grant the petition for this judicial review so that the status of PT ANTAM, PT BUKIT ASAM, and PT TIMAH that have been privatized by the Government are canceled.

PT ANTAM, PT BUKIT ASAM, and PT TIMAH must remain SOEs so that they remain state-controlled for the greatest prosperity of the people.

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