Legislators say no to mining in protected forests

Most legislators deliberating a government regulation in lieu of law, or perpu, on mining have expressed their opposition to a ruling that allows 13 mining firms operating in protected forests to continue their operations, The Jakarta Post reported on Tuesday.

Herman Widyananda, chairman of the House of Representatives (DPR) committee deliberating the perpu, however, said that they would still seek inputs from cabinet ministers, researchers, and non-governmental organizations (NGOs).

"Almost all legislators question the issuance of the perpu," Herman told The Jakarta Post after the committee's internal meeting here.

The House is expected to issue its final statement on the perpu on July 15, just one day before it goes into recess.

The House has started its deliberation of Perpu No. 1/2004, which stipulates that all mining contracts signed before Law No. 41/1999 on forestry came into effect are valid for the remainder of their terms.

Complementing the perpu, President Megawati Soekarnoputri also issued a decree on May 12, 2004 allowing 13 mining companies to resume operations in protected forests.

Law No. 14/1999, which bans open-pit mining activities in protected forests, prompts several mining companies to suspend their operations.

Minister of Energy and Mineral Resources Purnomo Yusgiantoro had previously warned of legal repercussions should Indonesia fail to honor its mining contracts.

Several NGOs had also rejected the perpu, saying that it would only justify forest destruction.

They alleged that Indonesia's forests had been decreasing by about 3.8 million hectares per year, causing the state to lose some Rp30 trillion annually.

Article 22 of the newly amended Constitution stipulates that the President may issue a perpu in an emergency situation. The perpu, however, must win approval from a House plenary meeting, otherwise it will be revoked.

Legislator Andas P. Tanri of the House's forestry commission said that his commission had officially rejected the issuance of the regulation.

The perpu was issued when a team consisting of legislators and officials from the forestry ministry and the energy and mineral resource ministry was carrying out research on mining activities in forest areas.

"The interests of the forestry ministry and the energy and mineral resource ministry are different. They fail to harmonize their conflicting goals," Andas added.

He said that the government regulation was invalid if the House rejected it.

Herman, meanwhile, added that as of Wednesday, the House committee would hear inputs from Coordinating Minister for the Economy Dorodjatun Kuntjorojakti, Minister of Forestry M. Prakosa, Purnomo, environmental groups, research centers, and environmental law expert Koesnadi Hardjasoemantri. (*)

The 13 mining companies:

No	Company	Area	Concession
1	Freeport Indonesia Freeport Indonesia	Mimika, Papua Puncak Jayawijaya, Papua	10,000 ha 2002,380 ha
2	Karimun Granit	Riau	2,761 ha
3	INCO	Sulawesi (North Luwu, Kolaka, Kendari, Morowali)	218,828 ha
4	Indominco Mandiri	East Kutai, E. Kalimantan	25,121 ha
5	Aneka Tambang	North Maluku	39,040 ha
6	Natarang Mining	Lampung	12,790 ha
7	Nusa Halmahera Mineral	North Maluku	29,622 ha
8	Pelsart Tambang Kencana	South Kalimantan	201,000 ha
9	Interex Sacra Raya	East Kalimantan, South Kalimantan	15,860 ha
10	Weda Bay Nickel	Central Halmahera, North Maluku	76,280 ha
11	Gag Nikel	Sorong, Papua	13,130 ha
12	Sorikmas Mining	North Sumatra	66,200 ha
13	Aneka Tambang	Kendari, Southeast Sulawesi	14,570 ha