Indonesia Legalizes Mining in Protected Forests

Indonesia legalizes mining in protected forests

JAKARTA, July 8 (Xinhua) — The Indonesia’s Constitutional Court has upheld a presidential decree to allow 13 mining companies to continue operation in protected forests, saying that the government needed to improve the investment climate in the country, local media reported Friday.

Voting unanimously on Thursday, the nine-member panel of judges enacted the decree, which was actually a revision of Law No. 41/ 1999 on forestry. The former law banned open pit mining in protected forests.

“We can understand the government’s argument that the regulation should be issued otherwise it would face difficulties in developing a favorable investment climate,” the Jakarta Post quoted Constitutional Court President Jimly Asshidiqie as saying on Thursday.

“The President has the discretion to define emergency conditions for the issuance a government regulation in lieu of law, and the House will decide whether it can be passed into law or not, ” Jimly added.

Under the presidential decree, 13 mining firms were allowed to continue operations in protected forests as there were proven reserves which were economically viable, he said.

The decision encountered the efforts by a group of non- governmental organizations and environmentalists who demanded the revocation of the presidential decree, which they said was passed for the benefit of the 13 companies.

The 13 firms are PT Freeport Indonesia, PT Karimun Granite, PT INCO, PT Indominco Mandiri, PT Aneka Tambang (Bahubulu), PT Aneka Tambang (Buli), PT Natarang Mining, PT Nusa Halmahera Mineral, PT Pelsart Tambang Kencana, PT Interex Sacra Raya, PT Weda Bay Nickel, PT Gag Nikel and PT Sorikmas Mining.

Law No. 41/1999 on forestry once caused uproar in the international mining community for banning open pit mining.