Jakarta, MINE – Legal experts emphasize that the authority to revoke mineral and coal mining permits lies with the Ministry of Energy and Mineral Resources (ESDM), which is delegated to the Ministry of Investment.
This assertion was made following the polemic about the revocation of the Martabe gold mining permit for PT Agincourt Resources (PTAR) and 27 other companies by the Forest Area Control Task Force (PKH Task Force) which recently became the focus.
“This authority remains with state administration officials who are formally authorized to issue permits, such as the Minister of the Environment and the Minister of Forestry (for forest area utilization permits) or the Minister of Investment/BKPM (for risk-based business permits),” said Senior Partner at DeHeng ARKO Law Firm, Eva Djauhari to TAMBANG, Thursday (22/1).
Eva explained that the Forest Area Control Task Force (PKH Task Force) does not have the authority to revoke business permits. According to him, the PKH Task Force in principle only functions as a coordinative and facilitative instrument in controlling forest areas, including carrying out verification, audits and submitting recommendations to the competent ministry or institution.
“The task force generally does not have decisive authority to impose administrative sanctions, including revocation of permits,” he explained.
“The task force is not a permanent institution formed by law, but rather an ad hoc team which is usually formed through a Presidential Decree or Ministerial Decree to carry out coordinating, verification and initial identification functions for alleged violations of forest area use,” he added.
Furthermore, Eva explained that from the perspective of state administrative law, the legitimacy of the Task Force’s audit results lies in its position as a process fact-findingNo decision-making. This means that the results of the Task Force’s work can be a material basis, but the final decision must still be made by an official who has legal competence based on statutory regulations.
Thus, Eva continued, the validity of permit revocation requires two elements. First, the validity of the audit substance which shows that there is a real violation of the law. Second, procedural validity, namely that decisions are made by authorized officials in accordance with the principle of legality.
“If the final decision is signed by the President or an authorized Minister, while the Task Force only provides recommendations, then the authority structure remains within the legal corridor that can be accounted for,” he said.
Source: www.tambang.co.id
