Illegal Mining Violates the Constitution, Says Director General

MINISTRY OF ENERGY AND MINERAL RESOURCES

REPUBLIC OF INDONESIA

PRESS RELEASE

NUMBER: 346.Pers/04/SJI/2021

Date: 27 September 2021

Illegal Mining Violates the Constitution, Says Director General

Illegal mining (Pertambangan Tanpa Izin, PETI) does not qualify as artisanal mining because illegal mining does not conform to any regulations set by the government, Director General of Mineral and Coal of the Ministry of Energy and Mineral Resources (EMR), Ridwan Djamaluddin, has said. In fact, illegal mining is considered to violate the 1945 Constitution.

"There are rules, there are regulations about artisanal mining, and these are clear. Meanwhile, PETI does not comply with any existing regulations and good governance; additionally, it is dangerous and devastating," said Ridwan during a discussion with the press titled Illegal Mining is not Artisanal Mining held in Jakarta on Monday (27/9).

In essence, Ridwan continued, illegal mining violated the 1945 Constitution because it went against Article 33 section 3. In fact, illegal miners are considered to inflict heavy losses on the state because they don't pay taxes, royalties, and non-tax state revenues (Non-Tax State Revenue, PNBP).

"PETI is a form of greed, way far from the spirit of this (Constitution). PETI is controlled by a group of people and large investors. They control vast areas of land," Ridwan explained.

Ridwan did not deny the fact that the ongoing and widespread PETI activities were due to the involvement of the authorities. "Why does the PETI continue to multiply? One of the causes is our own fault. We all contribute to this problem, including the officers, the officials, and the authorities who should have played a role in getting rid of PETI, and instead, all of these people are involved," he said.

The government hopes that the joint work movement (people's power) will reduce the number of PETI activities in Indonesia. "It is the people's power that can get rid of PETI activities. The illegal mining has been going on for decades; we've made various efforts, prepared numerous regulations, but still we cannot remove PETI. So, let's make the PETI eradication movement as people's power, as a joint movement," said Ridwan.

To create a sustainable mining climate, the government invites the younger generation to be actively involved in creating mining activities that comply with good governance. "To this end, I urge the millennials to become the engine that moves the PETI eradication program, because PETI harms the country, damages the environment, and ruins our common future," Ridwan concluded. (IY)

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