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文章

2024年3月21日

作者:
WALHI

Indonesia: Constitutional Court rejects test case concerning legality of mining in small islands

[Unofficial translation]

"The Constitutional Court Rejects the Material Examination of the PWP3K Law by PT GKP, Mining in Small Islands Throughout Indonesia Must Be Stopped Immediately", 21 March 2024

The Constitutional Court rejected the request for a material test lawsuit of Law Number 27 of 2007 concerning the Management of Coastal Areas and Small Islands (PWP3K) submitted by PT Gema Kreasi Perdana (GKP) in the lawsuit ruling (21/3). ....

The Small Islands Rescue Advocacy Team (TAPaK) assessed that the decision of the Constitutional Court should be used as a basis by the Indonesian Government to stop mining in all small islands in Indonesia. Currently there are 218 mining business licenses with a concession area that reaches more than 274.00 hectares in 34 small islands in Indonesia. One of the small islands threatened by mining activities is Wawonii Island in Southeast Sulawesi which is where the nickel mining company PT GKP operates.

...

Currently, residents of Wawonii Island are also fighting against the lawsuit of PT GKP who wants to legalize mining on small islands. Wawonii Island itself only has an area of 715km², meaning that the island is classified as a small island according to the PWP3K Law. Thus, PT GKP does not have the legitimacy of conducting nickel mining on the island. The material test application submitted by PT GKP can be considered as the company's effort to legalize mining activities on Wawonii Island, even though mining is legally prohibited or illegal on small islands.

...

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