Investigators Asked to Study the Role of the Ministry of Energy and Mineral Resources in the Tin Case

The Attorney General's Office investigators were considered quick to identify suspects from the private sector, but left it to the relevant authorities.

KOMPAS

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JAKARTA, KOMPAS - Investigators are questioning officials at the central and regional level in the energy and mineral resources sector in a case of alleged corruption related to illegal mining in the mining business permit area of PT Timah Tbk from 2015 to 2022. Investigators are expected to question all parties up to the highest level of responsibility that approved the work plan and budget or RKAB.

Head of the Legal Information Center Attorney General Ketut Sumedana in a written statement, Thursday (25/4/2024), said that today investigators questioned 12 people in tin case. These witnesses came from the government, state-owned enterprises and the private sector.

From the government sector, investigators are examining SW as the Head of the Energy and Mineral Resources Agency in Bangka Belitung Province from 2015-2019; PD as the Mining Inspector in the Energy and Mineral Resources Agency of Bangka Belitung Province in 2017, as well as Secretary of the RKAB Evaluation Team. Then there are DW, IWN, and HR as mining inspectors. On the private sector side, investigators are examining TS, also known as YG, and STJ.

From BUMN circles, investigators examined RV, MA, NG, NRN, and AW as Indonesian competent persons (SPI) PT Timah Tbk. According to the 2018 Minister of Energy and Mineral Resources Decree, CPI is a person who has the knowledge, ability and experience to report exploration results, resource estimates and mineral and coal reserve estimates as proven by a competency certificate.

Also read: Tin Corruption and Momentum to Save Life Sustainability in Bangka-Belitung

KOMPAS/NORBERTUS ARYA DWIANGGA MARTIAR

Head of the Legal Information Center at the Attorney General's Office, Ketut Sumedana

The day before, investigators questioned BE as Marketing Sub-coordinator at Ministry of Energy and Mineral Resources and two mining inspectors, namely FA and TM. "Witness examinations are carried out to strengthen evidence and complete filings," said Ketut.

In that case, investigators have identified 15 suspects related to the main criminal offense and one suspect related to obstructing the investigation. The suspects come from the private sector and former directors of PT Timah Tbk.

Operators only

Head of the Legal Division Jatam Nasional Muhammad Jamil is of the view that the 16 suspects in the case are considered to represent business entities. They are considered to be included in the operator cluster, not the party who designed the illegal mining activities.

Having a mining permit and environmental permit does not necessarily mean you can mine because you must have an RKAB.

According to Jamil, in order for suspicions of the authorities' involvement to be uncovered, investigators must thoroughly study the RKAB documents submitted by mining companies to the government. The document clearly outlines the mining activities planned for a year, such as the location of the mines, data on mineral deposits, and the planned amount of minerals to be mined since each type of mineral is given a quota. The approval of RKAB involves the central government, namely the Ministry of ESDM.

KOMPAS/PRADIPTA PANDU

Head of Legal Division of the Mining Advocacy Network (Jatam) Muhammad Jamil

"Having mining and environmental permits does not necessarily mean that mining can take place because there must be an RKAB. Therefore, all parties involved in the process of preparing and approving the PT Timah RKAB must be examined," explained Jamil.

According to Jamil, Jatam has previously tested the RKAB document with the Information Commission and it was decided that the document is an open document. However, the Ministry of Energy and Mineral Resources has made a regulation stating that the RKAB document is a closed document.

Regarding this case, Jamil compared the investigators' readiness in naming suspects from private and state-owned enterprises, but it seemed to drag on in questioning government officials. However, mining activities are determined by government officials, not mine inspectors.

"Investigators did not find important documents, such as the RKAB. "Who made them (the suspects) untouchable for years," he said.

There was neglect

Separately, Coordinator of the Indonesian Anti-Corruption Society (MAKI) Boyamin Saiman is of the view that the illegal mining that has been going on for years could be an act of neglect. However, investigators should continue to pursue the relevant authorities who allowed this problem to occur for years.

DOK/PUSPENKUM KEJAKSAAN AGUNG

The PT Refined Bangka Tin company, along with its assets, was seized by investigators on Monday (22/4/2024) due to alleged involvement in a corruption case related to illegal tin mining in the mining business permit (IUP) of PT Timah Tbk.

The face of Bangka Island is pockmarked due to uncovered mining excavations. It is outrageous. If you go there by plane, you can definitely see it from above," said Boyamin.

Also read: Losses in Tin Cases are Greater if Community Living Space is Taken into Account

According to Boyamin, the investigators at the Attorney General's Office should be brave enough to pursue officials who are involved, as happened in the corruption case of nickel mining at IUP PT Antam Tbk in Mandiodo Block, Southeast Sulawesi. In that case, the investigators named former Director General of Minerals and Coal at the Ministry of Energy and Mineral Resources, Ridwan Djamaludin, as a suspect. The court sentenced him to 3.5 years in prison.

Not only from the Ministry of Energy and Mineral Resources, according to Boyamin, investigators must also request information from the Ministry of Environment and Forestry. This is because the ministry has the duty to monitor the impacts of mining activities.