TEMPO.CO, Jakarta - President Joko "Jokowi" Widodo signed Presidential Decree No. 76 of 2024 on July 22, 2024, which amends Decree No. 70 of 2023 concerning Land Allocation for Investment Management.

The new regulation allows for the transfer of revoked Mining Business Permits (IUPs) to religious organizations (ormas), including Regional-Owned Enterprises, Village-Owned Enterprises, and cooperatives.

This provision is outlined in Article 5A (1) of Presidential Decree No. 76 of 2024. Citing from the State Secretariat Ministry’s Legal Documentation and Information Network (JDIH), the excerpt states, “To improve community welfare, Special Mining Business Permit Areas (WIUPK) originating from areas of the former Coal Mining Concession Work Agreement (PKP2B) can be offered on a priority basis to business entities owned by religious community organizations.”

For organizations to qualify for the program, they must meet business license criteria and possess an established body that conducts economic activities focused on empowering its members and enhancing community well-being. Additionally, the WIUPK offer must be accepted within five years of the enactment of Government Regulation Number 96 of 2021 concerning the Implementation of Mineral and Coal Mining Business Activities.

The Presidential Decree assigns the authority to determine, offer, and grant WIUPKs for these community organizations to the Investment Minister, who heads the task force. Once a mining management permit is issued, the organization must submit a formal IUPK application through the One Single Submission (OSS) system.

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Previously, Investment Minister Bahlil Lahadalia explained that Presidential Decree 70 aimed to streamline land use and utilization arrangements for equitable investment opportunities. He further clarified that the decree also governs business permit arrangements for mining, plantations, and forest utilization for Village-Owned Enterprises, Regional-Owned Enterprises, community organization business entities, cooperatives, and Micro, Small, and Medium Enterprises (MSMEs).

Only PBNU Seeks IUPK Opportunity

To date, Nahdlatul Ulama (NU), represented by its executive body PBNU, stands as the sole religious organization expressing interest in and support for the IUPK grant policy. During a PBNU event in Balikpapan on January 31, 2022, President Jokowi even confirmed that he had prepared a dedicated IUPK for PBNU.

PBNU General Chair Yahya Cholil Staquf, also known as Gus Yahya, welcomed the offer and expressed gratitude for the initiative to expand mining permit access to religious organizations. “We saw it as an opportunity and seized it immediately. People need it, there's no way around it,” he stated at the PBNU Office in Jakarta on June 6, 2024.

Muhammadiyah Remains Undecided, Other Groups Refuse

Muhammadiyah, another prominent Islamic organization, has yet to take a position on the matter. Abdul Mu'ti, General Secretary of the Muhammadiyah Central Board, emphasized that the decision rests with the government.

“Managing mines by religious organizations might not be automatic, as they still need to meet the requirements,” he said on Sunday, June 2.

He further mentioned the absence of any official discussions between the government and Muhammadiyah regarding potential mine management involvement. “If the government makes a formal offer to Muhammadiyah, it will be carefully considered,” Mu'ti added.

Several other religious organizations have outright rejected the policy, including the Fellowship of Churches in Indonesia (PGI), the Indonesian Bishops' Conference (KWI), Nahdlatul Wathan Diniyah Islamiyah (NWDI), and Huria Kristen Batak Protestant (HKBP).

ANTARA | TIM TEMPO

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