Refl: Sekarang miskin jangan harap besok akan  menjadi kaya dan akan tetap 
miskin atau lebih miskin, begitulah takdir NKRI.

http://www.thejakartapost.com/news/2011/03/10/west-nusa-tenggara-poorest-region-rich-minerals.html-0

West Nusa Tenggara, poorest region rich in minerals
Kurtubi, Jakarta | Thu, 03/10/2011 9:37 PM | Opinion 

The management of non-oil and gas mining resources has, since 1967, applied the 
model of working contracts pursuant to the law on mining operation. By this 
model, the management of these resources is fully in the hands of contractors. 
By the system of production sharing contracts in the oil and gas sector, 
however, contractors' management is under the control of the Upstream Oil and 
Gas Regulating Agency (BPMigas).

In addition, under working contracts the government received a relatively small 
royalty, around 1 percent, which equaled the rate according to the concession 
system in colonial times, based on the Dutch East Indies Mining Law (Indische 
Mijnwet, 1890).

On account of the insignificant contribution of working contracts to the state, 
the next generation of this system was improved to increase its profitability. 
One of its advancements was the obligation for foreign contractors to divest 
the shares to up to 51 percent in favor of Indonesian companies or the 
government.

This provision also applies to the working contract with PT Newmont Nusa 
Tenggara (PT NNT) for mining operations in Batu Hijau, West Sumbawa regency in 
West Nusa Tenggara (NTB) province, and mining expansion in Elang Dodo, also in 
Sumbawa regency.

It should be appreciated that, so far, PT NNT has consistently observed the 
working contract provision as evidenced in the divestment of 24 percent of its 
shares in the government's favor, in this case the regional administration, 
though due to the policy the foreign shareholders of PT NNT were sued by PT 
Pukuafu Indah.

The right awarded to the regional administration to buy divested shares is in 
conformity with the intent of Article 33 of the 1945 Constitution, stipulating 
that mining resources reserved beneath the earth shall be controlled by the 
state and utilized for the maximum welfare of the society. The government and 
people in a mining production area should thus gain concrete benefit from the 
presence of mining activities there.

With the rules so far enforced, regional revenue from local mining operation is 
very small. This happens because a region's natural resources profit sharing 
fund is only derived from a very small royalty and dead rent (around 1 
percent), which constitutes non-tax state revenue. 

Meanwhile, about 40 percent corporate tax paid by PT NNT entirely goes to the 
central government's coffer.

As an illustration of revenue disparity between the regional administration and 
the central government, in 2007, for instance, the central government received 
about US$800 million from PT NNT in tax revenue, while the regional 
administration (NTB province, West Sumbawa and Sumbawa regencies) got only Rp 
200 billion ($22 million) in royalties. 

It is indeed unfair. Actually, the regional administration and local 
communities have to bear the risk and suffer the negative impact of the mining 
operation, such as environmental degradation.

As required by the working contract, PT NNT realized 3 percent share divestment 
in 2006, and 7 percent in 2007, 2008 and 2009, respectively. With the central 
government's approval, the divestment was in favor of the regional 
administration. Undoubtedly, the policy has immediately given a boost to the 
region's income in dividends from the operation of PT NNT.

The remaining 7 percent, which was due in 2010, has not yet been divested 
because the central government unexpectedly is reportedly interested in buying 
the shares, while PT Aneka Tambang, a publicly-listed state-owned mining 
company, indicates no intention.

In order to strengthen the regional position in the management and board of PT 
NNT, especially with PT NNT's plan to launch its initial public offering (IPO) 
at the Indonesian Stock Exchange, it's only proper to divest the 7 percent in 
the region's advantage as well.

Besides, this move will increase regional income so that the regional 
administration can better afford to build its economic infrastructure to jack 
up the socio-economic standards of the people living in NTB. At present, the 
rate of poverty in NTB remains relatively very high, far above the average 
national poverty level. Among the country's 33 provinces, NTB ranks 28th in 
poverty, meaning it's one of the seven poorest regions along with other natural 
resources-rich provinces of Aceh, Papua, West Papua, Maluku, Gorontalo and East 
Nusa Tenggara.

Central Statistics Agency data show the national poverty rate is around 13.3 
percent while in NTB the rate stands at about 22 percent, which means one of 
every five people is poor. 

The mining operation of PT NNT is one of the main sources of the region's 
revenue. It will be regrettable if the central government deprives the region 
of this 7 percent divestment opportunity.

The cooperation between the three regions (NTB province, West Sumbawa and 
Sumbawa regencies) and PT Multicapital constitutes a long-calculated decision 
and has been approved by the regional legislative council and regional 
administration. But there's still the likelihood of the regional administration 
launching a kind of contest to find partners for the 7 percent divestment, as 
well as seeking independent funding. 

As this final-stage divestment also faces a time constraint, the central 
government should promptly name or delegate its right to the three regions as 
was already done with the 24 percent divestment, instead of one of them (such 
as West Sumbawa regency) because the expansion area of Elang Dodo is just not 
located in West Sumbawa regency.

The purchase by the three regions (through region-owned enterprises) is the 
wisest way of inducing the thorough relief of poverty in NTB, which in fact is 
among the richest copper and gold producers. The regional administration and 
local people deserve a larger share through increased ownership and bigger 
dividends. 

The writer is a postgraduate lecturer, School of Economics, University of 
Indonesia, and a member of PT NNT board of commissioners. The views expressed 
are his own.

[Non-text portions of this message have been removed]

Kirim email ke