- 1 year ago
Presiden Joko Widodo telah menandatangani Peraturan Pemerintah Nomor 25 tahun 2024 yang merupakan perubahan atas Peraturan Pemerintah Nomor 96 Tahun 2021 Tentang Pelaksanaan Kegiatan Usaha Pertambangan Mineral Dan Batubara. Dalam beleid terbaru ini, Pemerintah telah menambahkan Pasal 83A di antara pasal 83 dan 84 yang mengatur tentang Penawaran Wilayah Izin Usaha Pertambangan Khusus (WIUPK) kepada organisasi kemasyarakatan atau ormas keagamaan.
WIUPK yang dimaksud dalam beleid yang ditetapkan dan diundangkan pada tanggal 30 Mei 2024 ini adalah wilayah bekas Perjanjian Karya Pengusahaan Pertambangan Batubara (PKP2B). Selain itu, IUPK dan/atau kepemilikan saham organisasi kemasyarakatan keagamaan pada badan usaha tidak dapat dipindahtangankan dan/atau dialihkan tanpa persetujuan Menteri.
Badan usaha milik ormas keagamaan juga dilarang bekerjasama dengan pemegang PKP2B sebelumnya dan/atau afiliasinya. Adapun, masa penawaran WIUPK dalam jangka waktu lima tahun sejak Peraturan Pemerintah ini berlaku.
WIUPK yang dimaksud dalam beleid yang ditetapkan dan diundangkan pada tanggal 30 Mei 2024 ini adalah wilayah bekas Perjanjian Karya Pengusahaan Pertambangan Batubara (PKP2B). Selain itu, IUPK dan/atau kepemilikan saham organisasi kemasyarakatan keagamaan pada badan usaha tidak dapat dipindahtangankan dan/atau dialihkan tanpa persetujuan Menteri.
Badan usaha milik ormas keagamaan juga dilarang bekerjasama dengan pemegang PKP2B sebelumnya dan/atau afiliasinya. Adapun, masa penawaran WIUPK dalam jangka waktu lima tahun sejak Peraturan Pemerintah ini berlaku.
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TVTranscript
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08:51 It's a system of making policies and regulations,
08:56 as it was formulated in Law 4 of 2009.
09:01 The first one was in 1967, the first investment law.
09:06 It was based on our constitution.
09:08 Then it was continued with changes in time,
09:12 in Law 4 of 2009.
09:14 The last one was updated in 2009,
09:18 and it was updated in 2020.
09:21 It stated that,
09:24 both the BUMN, BUMD,
09:29 the corporation, and other business entities
09:33 that represent all communities,
09:36 can issue investment permit.
09:39 And they have the right to get investment permit,
09:42 with certain requirements and criteria.
09:48 So, what we have to see is,
09:50 if the law is already formulated,
09:55 then, the first one is our constitution,
10:00 the government's law must be in accordance with the law.
10:06 The law as a rule of the government,
10:11 as a guideline for the government's policy.
10:14 And also, in the government's policy,
10:17 it stated that gold priority is a priority.
10:23 It cannot be opposed to the law.
10:27 So, we see in Law 3,
10:30 it stated that BUMN and BUMD are priorities.
10:36 I read in the new PP regulation,
10:41 the basis of this priority is in Article 6 of Law 3,
10:46 which stated that the government has the right to set priorities.
10:53 But in Article 75 of Law 3 of 2020,
10:58 it stated that BUMN and BUMD are the priorities.
11:01 While the terminology of gold is not mentioned in the law.
11:07 We have to be careful about this,
11:11 so that it is in accordance with the law and government's policy.
11:15 Then, in the government's policy,
11:18 it stated that gold is a priority,
11:23 and must be set in more detail.
11:26 Is gold a priority above BUMN and BUMD?
11:32 Or, BUMN is offered to BUMN and BUMD,
11:36 and if not, then gold is offered.
11:38 If not, then private property is offered.
11:41 This regulation is not clear enough,
11:46 the terminology and technical rules,
11:49 which can be included in the minister's regulation.
11:55 This is about the rules.
11:59 First, we have to follow the law.
12:04 Second, from our point of view,
12:09 we have to treat the same.
12:13 Okay, we can set the priority,
12:18 giving priority to BUMN, ORMAS, etc.
12:21 But, in terms of implementation,
12:26 there are certain requirements that must be met.
12:30 For example,
12:31 BUMN, BUMD, private property, ORMAS,
12:37 all of them should pay the state's receipt.
12:42 Like taxes, royalty, permanent deposit, production deposit.
12:49 When BUMN is offered to get the state's receipt,
12:57 there is a document that says,
13:01 "PKP 2B area is reserved."
13:04 The area is PKP 2B, not mineral.
13:07 There is data that is available
13:12 for previous exploration activities.
13:16 The data is called data compensation,
13:21 which is one of the state's receipts, not taxes.
13:25 It should also be paid.
13:28 So, the same treatment for ORMAS
13:33 must be done,
13:35 both by the state's receipt and the technicians,
13:38 so that the mining operation
13:41 must also refer to good mining practices.
13:45 That's it.
13:46 Good mining practices.
13:48 We will discuss it later.
13:50 We will have a short break.
13:52 We will discuss how to implement it in the best field.
13:57 Because it is also possible for ORMAS' business
14:01 to replace other companies that may be specialists in mining.
14:05 We will discuss it later.
14:06 Stay tuned.
14:08 (Music)
14:24 As interesting as our discussion is,
14:26 related to the government's effort,
14:28 we can see that their spirit is to improve the health of the people.
14:32 By providing green lights and opportunities
14:36 for community organizations based on religion
14:40 to manage the area of special mining business permits.
14:44 Mr. Komaydi, can you also touch on this step?
14:47 Is it effective if the spirit of improving the health of the people,
14:51 for ORMAS that already have business activities
14:55 or are involved or active in business activities
15:00 or economy activities, is being pressured?
15:02 What do you think?
15:03 Because this is also offered.
15:05 ORMAS can collaborate with other parties
15:08 who may have experience in mining.
15:11 Mr. Komaydi, please.
15:13 The theory on paper may be good.
15:17 The purpose or spirit is actually good.
15:19 But in the implementation, it's not that simple.
15:24 For example, in the oil and gas sector,
15:30 oil and gas is not a job for ORMAS,
15:33 but more of a PI for the region.
15:35 Even though the scale of the region is larger.
15:37 They have a regional business body or BUMD.
15:40 It's a bit difficult to implement.
15:43 Because the needs are big.
15:45 So what happens is they are paid first by the existing ones.
15:52 For example, Pertamina has a working area in a region,
15:55 then BUMD is given a 10% PI.
15:58 Then the 10% is paid by Pertamina first.
16:02 After it has been successfully produced, it is returned.
16:05 That's how detailed the arrangement is.
16:08 And all this time, it has been a burden for the gas flow
16:13 in companies that pay first.
16:16 That's at the level of the PMDA.
16:18 We all know that they have a large number of PMDAs.
16:23 They have BUMDs that I think are quite capable.
16:27 And the business segment is also varied.
16:30 It means that in business and legally,
16:32 they have a sufficient instrument.
16:35 That's also a problem in the implementation.
16:37 Because it's not easy.
16:38 Because all this time, what the region understands,
16:41 the 10% PI is like an empty stock.
16:44 It turns out that in the implementation, it is a capital contribution.
16:48 So they are a bit saturated in the implementation.
16:50 What's more, Ormas, this is 100% for them
16:54 if they get the mining business area.
16:57 And then they will hire other parties.
16:59 How much can they hire or recruit other parties?
17:03 If asked, Ormas also has a business unit, right?
17:06 But the business unit has been related to the interests of the people.
17:10 For example, let's say supplying products that the people need.
17:13 So of course we have to differentiate.
17:16 The intention is very good, Mr. Pras,
17:17 to help to purify the Ormas groups in religion.
17:22 I think helping the priests, helping the parishioners,
17:25 helping the church is a very noble intention.
17:27 But what needs to be brought here,
17:30 if we want to mix the house with the soap that is said to be dirty,
17:34 not right,
17:36 the house will not be clean, but even dirtier.
17:40 This is the intention of purifying.
17:42 If the instrument is not chosen,
17:45 what is worried is that it will be a burden for all parties.
17:48 This is what I am worried about.
17:50 Because there are still ways or other instruments.
17:53 For example, let's say Ormas cooperates with mining,
17:59 but for example, supplying things that have been said to be competition
18:03 or business areas that have been done or exist,
18:06 so that the business is bigger.
18:08 Meanwhile, the mining is optimal, their business is also optimal.
18:10 It means there are many other ways to achieve the goal
18:14 that has been conveyed to the public.
18:17 This is not against the charity.
18:20 Later, if we give this opinion,
18:24 as if we want to be good to the church and so on,
18:27 why don't you agree with this and that?
18:29 Not that I don't agree with it, I really agree.
18:31 But of course, good intentions must be done
18:34 with good methods and instruments.
18:37 Okay, Mr. Kumaidi. Interesting.
18:39 This is beyond the challenge.
18:40 Then, what do you think needs to be understood?
18:44 Maybe because this is related to Ormas,
18:46 to enter the mining sector,
18:48 what is the technical and managerial ability
18:51 that needs to be considered when we go through a mining area?
18:56 Earlier, Mr. Kumaidi has said that
18:58 with a clear and clear rule,
19:00 the implementation is still a bit off.
19:03 What do you think?
19:05 Yes, maybe I will comment a little on what Mr. Kumaidi said earlier.
19:16 That we should manage this mining,
19:22 but Ormas can also participate in the supply and so on.
19:28 So, actually, the characteristics of mining,
19:34 first, it is a remote area.
19:37 Because it is already given by God Almighty,
19:42 the minerals and rocks are mostly in remote areas.
19:46 Second, it is very dense in investment,
19:50 dense in capital.
19:51 This mining industry is dense in capital.
19:53 And it is also dense in technology,
19:55 dense in work,
19:57 and also one of the industries that has high risk.
20:03 These risks also consist of geological risks,
20:07 economic risks, engineering risks,
20:10 and also business risks,
20:13 because the price of commodities is also very fluctuating.
20:17 So, from that,
20:19 if earlier the question from Mr. Pras,
20:22 what technical and managerial competencies
20:25 that must be possessed to be able to manage this mining?
20:30 So, let's just look at it from the beginning of our exploration.
20:34 I always say that the ratio of success in exploration
20:40 to the production of mining is only below 5%.
20:44 Even though this mining has also been used before?
20:48 Yes, this is what I generally say.
20:50 So, the ratio of success is below 5%.
20:55 It means that it depends on the data.
20:58 What is the data available from the mining X?
21:01 If it needs further exploration,
21:03 it is not certain that it will be able to be mined.
21:07 But if the data is well available,
21:10 the economic risk is calculated,
21:12 the geological risk and economic risk have decreased.
21:16 But it is still dense in investment.
21:18 When it wants to start operating,
21:20 it also has to prepare for operations.
21:23 If it doesn't have a mining contractor,
21:25 it has to invest in heavy equipment.
21:27 It has to invest in building infrastructure.
21:30 If there is no electricity, it has to build its own power grid.
21:34 Or it also has to build a road for its hauling and so on.
21:39 So, the exploration has started,
21:42 the construction phase has started,
21:44 and when it comes to carrying out operations,
21:46 the technical risk is also very high.
21:49 The issue of safety at work,
21:51 I often say that it is a very crucial thing in mining.
21:55 Safety first.
21:57 So, the relationship between technology and safety is very tight.
22:03 How the skills of each mining operator
22:07 must follow a very rigid SOP.
22:09 In operating the equipment,
22:12 it must know what the situation is like from the mining shafts.
22:18 And before that, it must be calculated first.
22:20 So that there is no leakage,
22:22 no flood, and so on.
22:25 No water leakage, and so on.
22:27 And besides that, we also have to be very careful
22:31 with the management of the environment.
22:33 The environment is not cheap.
22:37 Environmental investment is also a high investment.
22:40 The cost of the environment is also high,
22:42 which must be prepared.
22:43 There are procurement guarantees,
22:45 mining settlement guarantees,
22:47 so that all mining activities are environmentally compliant
22:53 and can maintain environmental stability
22:57 after the operation of the mining itself.
23:00 In addition, there is also a social risk.
23:03 Yes, that's it.
23:04 So, social risk, land risk,
23:08 how to deal with landowners,
23:10 it is not necessarily that the land will be released.
23:12 Because the permit does not necessarily have the power over the land.
23:18 And so on, there are many.
23:20 So, managerial, technical skills,
23:22 business experience,
23:26 how to convince investors
23:28 that there will be an investment partner later, for example.
23:31 Who should Ormas depend on?
23:32 Is it Ormas' own funds as equity from Ormas
23:36 which will later become the shareholder?
23:38 Wow, this must be careful.
23:40 Don't let Ormas be the blunder.
23:42 We have to organize it all in a technical order
23:46 to protect Ormas too.
23:48 And also to make the mining managed
23:51 follow the good management principles
23:53 so that it can be sustainable for the future.
23:56 So, the investment that needs to be underlined earlier,
23:59 technical skills, skills from the managerial side,
24:02 and earlier, there are so many things that are potentially problems
24:06 that must be mitigated immediately from the beginning
24:08 when we will pass a mining area.
24:11 Thank you very much, Mr. Rizwani, for coming.
24:13 There is information that has been conveyed.
24:15 Mr. Komayedi, thank you very much for the analysis
24:17 that you have conveyed to the audience.
24:19 Indeed, we will wait for the implementation.
24:21 What is the order of the descendants?
24:23 Hopefully, what is expected from Mr. Komayedi, Mr. Rizwani,
24:27 this can also really happen
24:29 if the goal was to improve the welfare of the community,
24:32 Ormas, and others, as correlated.
24:34 Later, when this operational is already running.
24:38 Thank you and good luck with your activities again.
24:41 Okay, Mr. Mirsa, I've been with you for an hour in the market review.
24:45 Keep sharing your information only on IDX channel,
24:48 your trustworthy and comprehensive investment reference.
24:51 Because the future must be ahead,
24:53 I am Investor Saham, see you.
24:56 Thank you very much.
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