Baru Gold's Indonesian PT.TMS environmental permit cancelledAll mining activities are ordered to hold as the environmental permit held by PT. Tambang Mas Sangihe was cancelled by law. This has implications on the mining permit issued by the Minister for Energy and minerals. I found a BBC news Indonesia article on the verdict: https://www.bbc.com/indonesia/indonesia-61663359 The English translation is as follows : 56 Sangihe women's victory in a lawsuit over the environmental permit granted to PT. Tambang Mas Sangihe Company: 'A fresh air for the environmental struggle' King Eben Lumbanrau BBC News Indonesia June 7, 2022 The decision of the Manado State Administrative Court (PTUN), North Sulawesi, which approved the lawsuit of 56 Sangihe Island residents for the environmental permit of the PT. Tambang Mas Sangihe Mining Company (TMS) is a "breakthrough and a breath of fresh air" for the environmental struggle in Indonesia, said the Mining Advocacy Network ( Jatam). The PTUN decision also, according to the Save Sangihe Island (SSI) community coalition and environmental law experts, has implications for the contract of work issued by the Ministry of Energy and Mineral Resources for TMS, which becomes "automatically null and void". SSI also asked TMS to comply with the decision of the Manado Administrative Court by stopping all development activities and activities related to mining on the northern island of Indonesia. However, the TMS company confirmed that it would continue to operate, referring to the operating license issued by the central government. "As long as the PT TMS mining operational permit is not canceled by the Jakarta Administrative Court, PT TMS is still legally operating," said a company representative for BBC News Indonesia. The North Sulawesi Provincial Government (Pemprov) has stated that it will appeal against the decision of the Manado Administrative Court because the environmental permit issued has passed a comprehensive study. The Manado State Administrative Court, Thursday (02/06), granted the plaintiffs’ request to postpone the implementation of the Decree of the Head of the Regional One Stop Integrated Services and Investment Service (DPMPTSP) of North Sulawesi Province regarding the environmental permit for PT TMS' gold mining activities. Meanwhile, one of the woman plaintiffs who sued at the Manado Administrative Court stated that she was most grateful for the decision. According to her, the decision is a victory for the entire Sangihe community. "We are very very grateful. If not us, who else is fighting?" she said. Wulandari Anjeli Manossoh, 30 years old, is a resident of Bowone Village, Sangihe - one of the locations that falls into the TMS gold mining area. Anjeli along with 55 women from her village and also from Binebas Village left their homes for the capital of North Sulawesi to seek justice at the Manado Administrative Court - they sued the TMS environmental permit issued by the North Sulawesi DPMPTSP. Based on the company's exploration results, in Bowone and Binebas, according to indicated resources, there is a potential of 114,700 ounces of gold and 1.9 million ounces of silver. Plus, 105,000 ounces of gold and 1.05 million ounces of silver are based on inferred resources. "We as women, housewives, use water for cooking and drinking. If it is contaminated with heavy metals, our lives will be destroyed, and so will be the future of our children," Anjeli told BBC News Indonesia journalist Raja Eben Lumbanrau, Monday (06/06). After going through the trial process for months, Anjeli was happy and grateful that their lawsuit was granted by the Manado State Administrative Court. "Environmental permits were drafted and issued without proper procedures, the community was not involved. Suddenly they (TMS) already had permits," said Anjeli. The panel of judges of the Manado Administrative Court, Thursday (02/06) issued a decision which stated that they granted the request for a delay in the implementation of the Decree of the Head of the North Sulawesi DPMPTSP Service regarding the environmental permit for PT TMS' gold mining activities. The Manado Administrative Court also ordered the Head of the DPMPTSP Service to postpone the implementation of the decree to grant the environmental permit until the decision has permanent force or there is another decision to revoke it later. Spokesman for the Save Sangihe Island movement, Samsared Barahama, said that the environmental permit issued by North Sulawesi's DPMPTSP is the basis for the Decree of the Minister of Energy and Mineral Resources of the Republic of Indonesia Number 163.K/MB/04/DJB/2021 dated January 29, 2021 concerning Approval for Increasing the Stage of Operational Activities to Production of the PT. Tambang Mas Sangihe Mine Contract of Work. Under the contract of work, TMS has the right to exploit gold and copper in six sub-districts divided into 80 villages for the next 33 years, with a contract of work area of 42,000 hectares or about half the island. Previously, to BBC News Indonesia, the Director General of Mineral and Coal, Ministry of Energy and Mineral Resources, Ridwan Djamaluddin, said the 42,000-hectare contract of work area is the area of the business license which will shrink as a feasibility study and further mineral content are carried out. "For example, from an area of 100 hectares and then researching and staying for example 25 hectares, that is where the work is, so there will be technical considerations," said Ridwan. On the other hand, the mining area can also expand from 65.48 hectares if potential mineral content is found in the 42,000 hectares permit area for the next 33 years.
The North Sulawesi Provincial Government stated that it would appeal the decision of the Manado Administrative Court which won the lawsuit of 56 Sangihe women. "Because the legal action is still on appeal and cassation. So we will submit an appeal," says Head of the Legal Bureau of the North Sulawesi Provincial Government, Flora Krisen. "And, while it is being prepared, we coordinate with the Administrative Court regarding the delivery of the results of the decision to the parties, including us," she said. Flora added that the reason for filing the appeal was, "we feel that the environmental permit was issued on the basis of a comprehensive study, so we feel that we need to take further legal action," she said. When asked whether TMS activities would be stopped referring to the decision of the Manado Administrative Court, Flora said TMS activities in Sangihe were still in preparation for mining, such as opening roads and infrastructure, while exploitation had not yet been carried out.
The Head of the Jatam Legal Division, Muhammad Jamil, emphasized that the Manado Administrative Court decision was a 'fresh breath' for the Indonesian people who were fighting: "This verdict is extraordinary. First, the plaintiffs are 56 women who are fighting for the right to a good and healthy environment. Secondly, this is a breakthrough and a breath of fresh air for friends throughout Indonesia who are struggling from the siege of the mining industry, especially in coastal areas and small islands," said Jamil. Plus, which is different from the previous court decisions, the decision in Sangihe not only thwarted the permit, but also ordered the operation of activities to be stopped. The plaintiffs’ request for the postponement of the company's activities was granted," said Jamil.
Jamil added, this decision also proves that "the government's decision is not something sacred or a holy book that cannot be changed. On the contrary, it can be corrected." “However,” Jamil added, “the struggle of the Sangihe residents has not ended because there is still a further legal process that must be passed in order to get a decision that has permanent legal force. In addition, the courts’ decisions are often not directly executed by the government. Therefore, his victory is still on the paper because the government does not necessarily execute it directly. Usually they are looking for reasons not to execute," he said.
According to Jatam's records, there are at least 55 small islands that have been plotted by mining, even though Constitution Law Number 1 of 2014 concerning Management of Coastal Areas and Small Islands has prohibited it.