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[NABILA FATIHA] IYTL 2019 ESSAY

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Extractive Industries Transparency Initiatives (EITI) Scheme Implementation in
Eradicating Coal Corruption in South Kalimantan
By:
Nabila Fatiha
Indonesia is rich of diverse natural resources, including oil, gas and minerals. In a coal
sectors, Indonesia ranked as the 10th country with the biggest amount of coal reserved
and ranked as the 5th as the biggest coal producing country in the world.1 Up until now,
Coal has been a massive sector that support Indonesia’s electricity and energy source.
In Indonesia, South Kalimantan is the third largest coal producing regions (Ministry of
Energy and Mineral Resources, 2008). According to the data of Badan Pusat Statistik
per 2013, South Kalimantan has produced more than 150 million tons coal. It is
undeniable, at the provincial level; this business contribution is also dominant in
economic value added and output (Fatah, 2008).
The coal industry in South Kalimantan rapidly growing, especially after the
decentralization which regulate in Undang-undang Nomor 22 Tahun 1999 and UndangUndang Nomor 32 Tahun 2004 to delegate mining permit authority to local governments
where shown that in 2001-2008 there are 2.513 new licenses for small scale of coal
mining, and 10% of it was in South Kalimantan (Ministry of Energy and Mineral
1
IEA Coal Information, 2017
Resources). Also, in this period the number of licenses rose from 750 in 2001 to more
than 10,000 in 2010, 40% of which were for coal mining.
In another side of the high-growth coal industry in South Kalimantan, The Ministry of
Energy and Mineral Resources states that only 30 percent of small-scale coal mining in
South Kalimantan has official permits. Fatah (2008) also states that all coal-producing
districts/ cities in South Kalimantan have a number of illegal mines and the number has
increased from 157 in 1997 to 842 in 2004.
It is a matter of fact, which the rising number of both illegal and legal coal mining in
South Kalimantan means that there are corruption and bribery practice to keep business
running. One of the reasons why the coal sector is very fragile and submissive to
bribery and corruption is because of the political transaction happened in the coal
sectors which then lead to impunity. Rapid returns to investment in high profits and
large subsidies have drawn Politically Exposed Person (PEP) into the dirty coal.
Discretionary power at the local government level has opened opportunities for
politicians to take advantage of their position as holders of power. The most significant
development in pushing corruption in the mining sector is the decentralization of
government functions. This decentralization has made the decision-making process
more political and increased discretionary power by regional officials, and both of these
increase the risk of corruption.
As stated in the Coalruption report by #BersihkanIndonesia coalition, the practice of
corruption and bribery in coals sector massively endangered community and
environment. It is because; Firstly, the coal mining permits which are published based
on bribery and corruption will increase the possibility of companies to be immune to law
and regulation, including and not limited to pay taxes, guarantee money, royalties and
reclamation insurance and environmental insurance. Secondly, by the practice of
bribery and corruption that including political elites and people in power will lead to the
rejection of people’s right and living, because of the beneficially relationship between
companies and political elites, as in what happened in Meratus Hills in South
Kalimantan, the one and only rainforests which are where the natives people live and
earn living, recently permitted as an area for coal mining.
The number of damages caused by corruption and bribery practice is uncountable and
miserably affecting lives of many. The struggles to eradicate the corruption in coal
sectors need a comprehensive and consistent supports from various stakeholders. The
regulation and law need to be more than just theoretical, but practical. The law-holders
need to be objective and act as the servant of people.
As the main key of decreasing the number of corruption and bribery practice in coals
sector, the writer suggest the implementation of Extractive Industries Transparency
Initiatives (EITI) Scheme in Indonesia which has been adapted since 2010. By
implementing the scheme will lead to the transparency process since it’s obliged the
company and government to disclose all data and information in the extractive chain of
coal sectors started from the natural resources information, licenses and contract,
production process, revenue collection, revenue allocation, social spending and the
benefits for the community information. This open data system allows public, NonGovernmental Organizations (NGOs), civil society, company and government to involve
in public debate and act as a watch-dog of the process. By the independent verification,
the data and information could be used as a references for public to evaluate and
control, and demand an action if found incompatibility between the information and the
regulation. This could lead to the decreasing number of bribery and corruption as the
number of exposure in every process increasing.
However, just adapting the Extractive Industries Transparency Initiatives (EITI) scheme
is not enough. Eradicating corruption and bribery means a shared accountability and
responsibility from all stakeholders to really involved and take 100% responsibility and
0% reasons in implementing, controlling and evaluating how the scheme play roles in
Indonesia. The exposure of the Extractive Industries Transparency Initiatives (EITI)
scheme is not well-known for the public; therefore it’s important to raising awareness
and educating the people on what’s their role and how they can contribute. Eradicating
corruption is not a one day work, but it is a noble struggle to achieve the justice for the
people
and
the
sustainability
of
environment
and
community.
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