PT Freeport Inonesia, Not Just a Problem Renegotiation But Upholding Sovereignty RI
Already 44 years of gold mining activities of Freeport-McMoran Indonesia (Freeport) entrenched in Papua. However, during the same sovereignty of this country continue to be trampled by the foreign company. On Contract of Work (COW) first mining between the Indonesian government and Freeport were conducted in 1967 did the bargaining position of the government of Indonesia is still small, just landowners. Compared PT Freeport which has the labor and capital of the government's bargaining position when it is still small. But after 44 years if the government's bargaining position of Indonesia is still low? Certainly not!
Referring to Law No. 4 of 2009 on Mineral and Coal which mandates the Indonesian government to renegotiate the contract melakukuan entire foreign mining companies that exist in this country. This Act replaces Law No. 11 of 1967 which was enacted in December 1967 or eight months after the signing of KK. Based on data from the Ministry of Energy and Mineral Resources, as much as 65 percent of the mining company had agreed to discuss the principle of contracts already signed. But as much as 35 percent of the company is still in the stage of renegotiation, one of which is the manager of the largest gold mines in the world, Freeport.
According to the Director and CEO of Freeport Indonesia, Armando Mahler, stating that contractual mining company owned by the Indonesian government should have been fair to all parties. This indicates that the Freeport reluctant to obey the law in force, namely Law no. 4 of 2009 on Mineral and Coal. It seems that the Freeport case is not only detrimental to the state trillions of rupiah but also trample on the sovereignty of this Republic would not adhere to the applicable law. According to a defense and security analyst, Mr. Soeripto, Conflicts mendasasari this is the case Freeport Contract of Work (COW) who abused Indonesia.
One observer who was a senior Defense and Security, Mr Soeripto, stating that PT Freeport has provided some funds to the security forces TNI / police in order to maintain security on the ground Freeport Papua. This is clearly against the law because according to the Law on financing of security forces for the protection of national vital objects must come from the state budget instead of foreign companies. As a result many indigenous Papuans who feel alienated in their own homes. From here the impression that the security forces are even more defending foreign interests rather than the interests of his own people. And they must take action against Freeport which is actually detrimental to the environment by making a hole in the Grasberg mine with a hole diameter of 2.4 kilometers on an area of 499 hectares with a depth of up to 800 m2. Freeport gave environmental impacts are significant, namely the destruction of the landscape and Ersbeg pegunngan Grasberg. Damage to the environment has changed the landscape of an area of 166 km2 in the watershed Ajkwa.
PT Freeport McMoran INDONENSIA was enacted arbitrarily Freeport Indonesia employees most of whom are native to Indonesia. According to Mr Tri Puspita as Secretary of Industrial Relations Workers Freeport Indonesia, Freeport is exclusive so that access to the hospital or the mess was too difficult. Furthermore, standards-owned Freeport Indonesia workers together with all employees of Freeport that exist throughout the world but the salary received by the worker from Indonesia only half. Interestingly, according to a report from Investor Daily on August 10, 2009, said that PT Freeport McMoran main income is from tambabangnya operations in Indonesia, which is about 60%. Until now Freeport employees were conducting strike action to demand a salary increase of US $ 4 per hour. Until now the management company did not agree to the demands of Indonesian workers. Justice is not obtained from the Freeport Indonesia workers are demanding a salary increase but the accusation of being separatists who they can be. Though they are only demanding their rights as citizens to obtain welfare.
According to an economic expert from Padjadjaran University Econit NGO activist, Mrs. Hendri, there are at least three reasons why this is not just a solution Freeport negotiations. First, That straighten laws and regulations that distort the constitutional mandate (Article 33 of the 1945 Constitution). Secondly, renegotiate or change the Contract of Work (COW), which does not use the basic constitution will not benefit the interests of the people of Indonesia. And finally, the people of Papua in particular and Indonesia in general requires substantial funds for mengerjar lag in building human and facilities necessary to support the ministry of social and economic progress.
Indonesia as a great nation, should not only pursue financial gain such as taxes, dividend or distribution of royalties from the mining sector but also should focus on economic benefits, said Mrs. Hendri. The government must have great vision in managing natural resources owned. In this case, the government must have a clear policy corridors on how the utilization of all natural resources have for the economic progress of the nation of Indonesia. For example, the Chinese government does not necessarily immediately export content of coal-owned large-besaram to the world market but China hold the product of coal in the country's interests in their own country is to promote the economic progress of the country, in this case the energy source.
Pak Soeripto also as a former member of the State Intelligence Agency (BIN) suggests an interesting analysis, according to him, after the Cold War, the Indonesian people should be aware that the trend in the present war is a war for memperebukan natural resources or resource war. Now the major countries sedag war to compete for natural resources. And this suah occurred in various countries such as Iraq, Afghanistan, Congo, Libya, etc. Seizure affairs natural resource problems is actually not care how many casualties fell. Likewise Freeport issue, we know its own lately still frequent shootings in Papua casualties both among the security forces or indigenous Papuans themselves.
It is appropriate we look at the case of Freeport is in addition to a deep understanding also with glasses of different perspectives. So that we can look at this issue comprehensively. We must remember that the problem is not just a signatory to the new labor contract, in black and white. Rather, the problem is more crucially, enforcement of the sovereignty of the Republic of Indonesia.
Danang Sugiarto (16311017) - FITB 2011
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