Bahlil: Lahan Tambang yang Tumpang Tindih Dikembalikan ke Negara

Ntvnews.id , Jakarta - Minister of Energy and Mineral Resources (ESDM) Bahlil Lahadalia said that he would revoke Mining Business Permits (IUP) in overlapping Mining Business Permit Areas (WIUP), and the mining land would be returned to the state.

"The return of overlapping land, some or all of its WIUP to the state is to create legal certainty for those who are unclear up to this day," said Bahlil in a plenary meeting of the Indonesian House of Representatives, parliament complex, Jakarta, Tuesday, February 18, 2025.

This regulation is contained in Article 171B paragraph (1) of the Draft Law on the Fourth Amendment to Law Number 4 of 2009 concerning Mineral and Coal Mining (Minerba Bill).

The article states, "IUPs issued before the enactment of this Law and where there are overlapping issues in part or all of their WIUPs based on the results of the central government's evaluation, are revoked and returned to the state."

Overlapping of part or all of the WIUP includes overlapping of the WIUP with other WIUPs issued by the central government or regional government for the same mining commodity.

In addition, it also includes overlapping WIUP with IUP that is still valid; or overlapping IUP with other IUP issued by the central government or regional government for the same mining commodity.

"The state takes over (overlapping land). This is actually in line with the spirit of the 1945 Constitution Article 33, that all wealth in the state, whether sea, land, and air, is all controlled by the state. Not controlled by certain companies," said Bahlil.

The step to return overlapping mining land, according to Bahlil, is an effort to reorganize mining permits in Indonesia.

With this law, Bahlil believes there is certainty regarding the management of natural resources in Indonesia.

"Because we all know that in reality, all natural resources belong to the state," he said.

The 13th plenary session of the Indonesian House of Representatives for Session Period II of the 2024-2025 Session Year at the Parliament Complex, Jakarta, Tuesday, approved the Draft Law on the Fourth Amendment to Law Number 4 of 2009 concerning Mineral and Coal Mining (Minerba) to become law.

There are a number of points of revision in the bill, including changes to the scheme for granting Mining Business Permits (IUP) or Mining Business Permit Areas (WIUP), from previously being entirely through an auction mechanism, now there is an additional scheme, namely the priority scheme.

The scheme was implemented in order to provide fair distribution of natural resources to all components of the nation, both for micro, small and medium enterprises (MSMEs) and cooperatives, including BUMD.

The DPR and the government have also agreed to cancel the discourse on granting mining concessions to universities in the Minerba Bill. Instead, the granting of Mining Business Permit Areas (WIUP) is given to state-owned enterprises (BUMN), regional-owned enterprises (BUMD), and private enterprises for the benefit of universities.

Then, the granting of concessions to religious community organizations (ormas) is also regulated in the Minerba Bill. The granting of permits has also been agreed upon between the executive and legislative branches.