HAMMER - Director of PT Panca Logam Utama, Willem Chandra again revealed that some time ago, the company was summoned by the Central Sulawesi Police who wished to see all the completeness of the permit documents owned by the company.
"The Polda said that the permit documents for PT Panca Logam Utama were incomplete. But I answered, it is true that the permit is not complete, but we want to complete it, it's not that we don't want to complete it. We are just a public company, what are the conditions for us to complete, if we want to step down it would be too much, because we have spent a lot of investment in the mine site, "he stressed.
According to Willem, his party and the investors who provide funds for mining activities have issued a large enough budget.
"The investment that we have spent is around 10 billion, maybe a big company is nothing, but for our boss, it is an investment of all his assets," he said.
Meanwhile, Head of the Central Sulawesi Province Energy and Mineral Resources Office, Bambang Sunaryo, stated that the issue of unlicensed gold miners (PETI) in Poboya Exit, Palu City, has sent a letter of submission of information to the Central Sulawesi Regional Police Number 540/9002-PU / DESDM dated 29 February 2016. Together with the letter, two important points from the Revised 2015 Feasibility Study Report from PT Citra Palu Mineral (CPM) are attached.
"The letters and attachments are one of the bases that serve as evidence for the Central Sulawesi Police to control PETI in Poboya," he said.
The head of the Poboya PETI investigation team, Sigit Purnomo Said, stated that it is the Central Sulawesi provincial government that has the right to close the illegal mine. The Palu City Government, he said, was only limited to giving a warning.
"In terms of authority, the Central Sulawesi Provincial Government must close the illegal mine, we remind and ask the province to immediately follow up," he said.
The Deputy Mayor also felt surprised how it was possible that the related agency, namely the Central Sulawesi Forestry Service, did not know the people who entered their area such as Tahura Central Sulawesi.
A similar sentiment was also conveyed by the Head of the Palu City Energy and Mineral Resources (ESDM) Office, Yusrini Sushanty Ariani, that the Palu City Government has no authority to close mines or companies that do not have these permits.
"The Municipal Government of Palu is only the owner of the area," he said.
Yusrini analogized that the Poboya mine site was the house and the owner of the house was the CPM.
"If I have a house, then people try to destroy it, I'll kick it out, why would someone else kick me out or the City Government of Palu who had to expel it. Meanwhile, as a house owner, until now he has never complained to anyone, "he said.
Yusrini also rejected PT Panca Logam Utama's statement that they did not work in the CPM concession area or the Tahura area of Central Sulawesi.
"Tahura clearly cannot be done anything about, the company always takes shelter behind the community, while part of the CPM land is included in the Tahura area," he said.
So that the Municipal Government of Palu, said Yusrini, asked the CPM to shrink some of its locations, so that the shrinkage results could be used as areas for other uses.
Regarding this responsibility, the Head of the General Mining Division of the Central Sulawesi Province ESDM Service, Aris Bulo denied the statement of the Head of the Palu City Government Investigation Team and the Head of the Palu Energy and Mineral Resources Office.
Aris said that his party had received a letter from the Palu City ESDM Office, which followed up on a letter from the Central Sulawesi Ombudsman to the Palu City Government. Aris said that the City Government's response letter to the Central Sulawesi Ombudsman only answered simply, that the authority to close illegal mines, based on Law No. 23/2014 on Regional Government, rests with the provincial government.
"We then replied back to the letter by saying that there is not yet in Law Number 23 of 2014 which regulates mining without a permit, right? In addition, where Law No. 4 of 2009 on mineral and coal regulates illegal mining, "he said.
His party gave an example that illegal mining was like a robber who entered the house, in this case the house was the City Government of Palu.
"If there are robbers who come to your house, you can go to complain to others, or call someone else to kick him out," he said.
His party has conveyed to the Head of the Energy and Mineral Resources Office of Palu City that the City Government itself is protecting the area. It is the mayor who is responsible and cannot possibly be assigned to the province.
"Who has a role for the Poboya mine, yes, the Palu City government, so whoever saw the activity, the closest people in the area had to expel him. It was clear that the goods were taken, they were still being ordered by other people to expel them, "he added.
Separately, the Governor of Central Sulawesi Longki Djanggola confirmed that the responsibility for managing it rests on his side when viewed from the prevailing laws. Longki analogized the matter of Tahura and the Lore Lindu National Park (TNLL) in Central Sulawesi, under the authority of the Ministry of Environment and Forestry.
"So to close PETI in Tahura is not with us, there is no statutory authority with us, but the Ministry of Environment and Forestry," said Longki.
But regarding the control and closure of Tahura, Longki supported this and recommended action.
"So the provincial and municipal governments should not be released from responsibility for that," concluded Longki.
Reviewing who is responsible for closing illegal mines in Poboya, the last legal basis used is Presidential Instruction (Inpres) No. 3 of 2000 on Coordination for Handling Problems of Mining Without Permits signed by President Abdurrahman Wahid.
The Presidential Instruction was strengthened again by Presidential Decree No. 25/2001 concerning the Coordination Team for Handling Mining Without Permits, Misuse of Oil Fuel and Damage to Electricity Installations and Theft of Electricity Flow.
In this regulation, the central government gives authority to regions to form a team, coordinated by the regional head, to take firm action against mining activities without permits. For the smooth implementation of the operational duties of the response team in the regions, the regional implementation team by the governor and regent / mayor as the full responsibility, can ensure law enforcement in accordance with the scope of their respective powers. (Fauzi Lamboka)
This article has been published, Media Alkhairaat, Thursday, 20 October 2016, and is edited to be published again on Jaring.id.