The Regent of North Minahasa,
Sompie Singal, in 2008 issued a permit to PT Mikgro Metal Perdana (PT MMP), a subsidiary of the Hong Kong-based
Aempire Resource Group, to explore for iron ore on Bangka. The Regent twice extended the permit: first on 20 July 2010, and then again on 20 July 2012. The concession area covered 2,000 hectares and the 2012 extension was broadened to cover "iron ore and other minerals". Many Bangka residents and the local tourism operators opposed the mining plan, fearing a full-scale mining operation and pollution would devastate the island's fragile ecosystem and destroy traditional livelihoods and eco-tourism. Residents and the tourism operators sued the Regent and PT MMP in an effort to prevent the mining. Their lawsuit was partly based on the fact that Bangka is defined as a small island under Law No.27/2007 on the Management of Coastal Areas and Small Islands. This law states that mining is illegal on islands smaller than 2,000 km2. Bangka has a surface area of just about 48 km2. PT MMP and local government officials pressed ahead with the mining plan, insisting it would bring economic benefits. The Director of PT MMP, Yang Yongjian, accused a non-government organization of masterminding anti-mining protests in an effort to extort money from his company, but he did not name the NGO. Manado Administrative Court (in Decision No.04/G.TUN/2012/PTUN.MDO) on 30 August 2012, rejected a lawsuit by Bangka residents and tourism operators to cancel the exploration permit. The plaintiffs successfully appealed at the High Administrative Court of Makassar, South Sulawesi, which on 1 March 2013 (in Decision No.165/B.TUN/2012/PT.TUN.MKS) overturned the Manado Court's ruling. The judges accepted all points of the plaintiffs' case. The verdict revoked the exploration permits and their extensions. The Regent and PT MMP rejected this verdict and appealed to the Supreme Court in
Jakarta. On 23 September 2013, the Supreme Court dismissed their appeal. As stipulated in Government Regulation No.26/2008 on National Spatial Planning and Government Regulation No.50/2011 on National Tourism Development Planning, Bunaken National Park and its “surrounding areas” should be regarded as a strategic area for marine tourism, conservation and fishing. Almost the entire concession area of 2,000 hectares granted to PT MMP has Limited Production Forest Zone status. Therefore, a special permit must be obtained from the Forestry Ministry, through the North Sulawesi Governor, prior to exploration activities. This was not obtained, so PT MMP's exploration permit was ruled a violation of Law No.41/1999 on Forestry. Local civil servants, including school teachers, were accused of intimidating locals opposed to the mining plan. A campaign to prevent the planned mining gained national attention after receiving support from veteran Indonesian rock band
Slank. Divers warned that pollution from mining at Bangka would lead to the destruction of marine life and nearby marine tourism sites. PT MMP's production permit had been issued on 17 July 2014 by Energy and Mineral Resources Minister
Jero Wacik, who in 2016 was jailed for corruption. The Supreme Court on 11 August 2016 accepted a lawsuit by Bangka residents to cancel PT MMP's production permit. The Supreme Court ruling was not enforced until Energy and Mineral Resources Minister Ignasius Jonan issued a decree on 23 March 2017, formally revoking the permit. PT MMP responded by attempting to re-activate its permits. Yang Yonjian complained the revocation was a violation of a "Peace Deed" signed between PT MMP and a representative of the Energy and Mineral Resources Ministry on 15 June 2016. Under the terms of the deed, which was made by a notary in East Jakarta, the Ministry's representative agreed to "waive" the implementation of a court ruling against PT MMP and that no further lawsuits would be made against PT MMP. Yang accused some government administrative agencies of conspiring with criminal syndicates to mix up judicial authority, resulting in what he claimed was the wrongful revocation of his company's production permit. He claimed the revocation was an abuse of authority that violated Law 30 of 2014 on Government Administration. On 5 December 2018, the Energy and Mineral Resources Ministry's Legal Bureau held a meeting with officials of the Environment and Forestry Ministry, the Director General of Marine Management of the Fisheries and Maritime Resources Ministry and the deputy for Investment Services at the Investment Coordinating Board (BKPM). The meeting resulted in the issuance of a document formally rejecting PT MMP's efforts to re-activate its production permit. PT MMP, which had invested $105 million in developing its iron ore production facility, responded by demanding sanctions against the state officials who attended the meeting. == References ==