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1 PWYP Indonesia — 2020
Omnibus Law and Notes on Law Formulating
Process in Mining Sector
1) Program Manager at PWYP Indonesia, CSO Representative in MSG EITI Indonesia	
2) Communication Officer at PWYP Indonesia	
3) Program Assistant at PWYP Indonesia
4) National Coordinator/Director of PWYP Indonesia
5) Manuscript of President Joko Widodo’s Speech, in his inauguration for 2019-2024 Period.
6) Results of the 8th Plenary Meeting of the Indonesian Parliament, 22 January 2020.
7) Material of Presentation of the Coordinating Ministry of Economic Affairs of the Republic of Indonesia, in a Press Conference on January 29th,
2020 in Jakarta.
8) Assumptions that were used as reference during the study based on information received and accessible to the public as of February 23rd,
2020.
Writers: Aryanto Nugroho1
, Asri Nuraeni2
, Sholahudin Al Ayubi3
Reviewers: Maryati Abdullah4
President Jokowi in his first speech after ap-
pointed as President of Republic of Indonesia
2019-2024 conveyed that he would propose the
issuance of 2 (two) significant laws, namely the
Employment Creation Act and the Micro, Small
and Medium Enterprises Empowerment Act,
through Omnibus Law.5
Through this scheme, the
Government intends to streamline, trim and re-
move dozens of regulations that overlapped and
considered hindering the ease of investment.
In its journey, the Government drafted 4 (four)
Draft of the Omnibus Law, namely the Draft Bill
on the State Capital, Draft Bill on Pharmaceuti-
cals, the Draft Bill on Employment Creation, and
the Draft Bill on Labor and Tax Facilities for Eco-
nomic Strengthening. Today the Draft Bill of Om-
nibus Law package has been included as part of
the 50 bills that are included in the 2020 National
Legislation Program (Prolegnas) 2020.6
The Job
Creation Bill Draft conveyed by the Government
to the House of Representative of Republic Indo-
nesia on last January 12, 2020.
The Omnibus Law, which is also often referred
as “Sapu Jagat” Law is considered to be more
effective and efficient to replace and synchro-
nize legal norms and technical articles of sever-
al laws simultaneously in one time and the same
Act document. Where the amendment, can be
in the form of addition or reduction of the arti-
cles needed to carry out the purpose of Omni-
bus Law. Included in the Omnibus Law are laws in
the Natural Resource sector, both in the mining,
plantation, forestry and environment.7
These series of Policy Brief are drafted by Pub-
lish What You Pay (PWYP) Indonesia as input for
the process and substance of the formulation of
the Omnibus Law policy. It also expected to be
PWYP Indonesia’s contribution for the govern-
ance of extractive industry and natural resource
sector, especially for developing economic de-
velopment strategies that pay attention to gov-
ernance and environmental sustainability, and
for the broader public interest. This policy note
series one is focused on the Omnibus Law and
the documentation of the process of formulating
the law on mineral and coal mining sector, which
is the main focus of PWYP Indonesia.8
February 2020
www.pwypindonesia.org
Policy Brief
2 PWYP Indonesia — 2020
Background of Omnibus Law
9) Explanation of Omnibus Law of Employment Creation, Presentation of the Coordinating Ministry of Economic Affairs of the Republic of Indone-
sia on January 29th, 2020 at Jakarta.
10) Presentation of Prof. Dr. Satya Arinanto, Professor in the Faculty of Law University Indonesia entitled “Omnibus Law, Colonial Law Products
and the National Legal System: Some Notes "presented in the Public Discussion" Responding to Omnibus Law: Pros and Cons of the Employment
Copyright Bill " hosted by Djoko Soetono Research Center of the Faculty of Law UI on February 6, 2020
11) Explanation of the Omnibus Law Employment Creation Bill, Presentation of the Coordinating Ministry for Economic Affairs of the Republic of
Indonesia on January 29, 2020 at Jakarta.
12) Ahmad Redi's Presentation entitled "Omnibus Law: The Idea of Regulation for People Prosperity" in PWYP Knowledge Forum held by PWYP
Indonesia on 3 December 2019
Through speeches in a various media statement,
Government has always postulated the issue
of regulation as a basis for drafting the Omni-
bus Law. The Government revealed the prob-
lem of overlapping regulation among sectors,
the business licensing system that tends to be
complicated and fat, as well as the constraints
of economic actors in investment. This condition
is considered to be the cause of the decline of
Indonesia’s competitive rank and the low level of
ease doing business in Indonesia. Thus, break-
throughs are needed in simplifying regulation
through the Omnibus Law to encourage ease of
doing business and investment in Indonesia.
Through the Job Creation Bill, the Government
hopes that there will be a change in the structure
of economic structure that can drive all sectors
by encouraging economic growth to reach 5.7%
- 6.0% through creating quality jobs of 2.7 - 3
million per year, higher if compared to 2-2.5 mil-
lion without Omnibus Law. Besides, an increase
of 6.6% - 7% of investment is also considered
to escalate income and purchasing power, and
encourage an increase in public consumption by
5.4% -5.6%. This is reinforced by efforts to in-
crease productivity which is believed to be fol-
lowed by an increase in workers’ wages.9
This objective is further stated inseparable from
the dynamics of rapid global change, so it needs
to be responded appropriately through policy re-
formulation in the Omnibus Law scheme. If this
is not carried out, the Government worried that
jobs would move to other countries that more
competitive, so the number of unemployment
will increase, and Indonesia potentially falls in the
middle-income trap.
The Omnibus Law Concept
The term of Omnibus Law in the 10th Edition of
Black Law Dictionary by Bryan A. Garner is stated
as “A single bill containing various distinct mat-
ters; A bill that deals with all proposals is relevant
to a particular subject.”10
The Government itself
defines the Omnibus Law as a method used to
replace and or revoke the provisions in the law,
or rearrange several provisions in law into one
thematic law.11
Omnibus Law is used for several purposes, in-
cluding 1) resolving conflicting laws and regula-
tions quickly, effectively and efficiently; 2) uni-
forming government policies both at the central
and regional levels, to support the investment
climate; 3) licensing management becomes more
integrated, efficient, and effective; 4) break the
complicated bureaucratic chains; 5) improve the
coordination among related agencies because it
has been regulated in an integrated omnibus pol-
icy; 6) guaranteed legal certainty and legal pro-
tection for policymakers.12
3 PWYP Indonesia — 2020
Omnibus Law Practices in Several Countries
13) https://www.cnbcindonesia.com/news/20200121152155-4-131621/tak-cuma-di-ri-omnibus-law-banyak-dipakai-negara-lain
Omnibus Law has been widely practised in vari-
ous countries, especially countries with common
law systems such as Canada, Turkey, New Zea-
land, Australia, the Philippines and Vietnam.13
In
Canada, Omnibus Law is used to be subject to
WTO agreements (World Trade Organization),
namely by modifying 23 laws to conform to in-
ternational agreements. In Turkey, the Omnibus
Law is implemented for essential amendments
such as increasing currency differences as a VAT
basis, making the consumer price ratio as a basis
for determining leasing price increases, as well
as 70% tax exemption in private personnel salary
payments.
In New Zealand, the Omnibus Law is used to im-
prove tax regulations that apply in a broad-base
and low-rate framework in order to encourage
compliance with tax obligations. Australia also
implements the Omnibus Law for the Act on Im-
plementation of US FTA (United States - Free
Trade Agreement), which is used to implement a
free trade agreement between the United States
and Australia.
In the Philippines, the implementation of Omni-
bus Law is related to investment. The Omnibus
Investment Code regulates the provision of both
fiscal and non-fiscal incentives to encourage na-
tional development. In countries that follow civil
Law such as Vietnam, the Omnibus Law is imple-
mented as a law to amend and complete several
articles related to the Law on value-added tax,
the Law on the excise tax, and Law for tax ad-
ministration.
In Indonesia, the concept of Omnibus Law is
indeed not quite popular. However, there have
been several laws that have applied the con-
cept even on a small scale, such as Law No. 9 of
2017 concerning the Enactment of Government
Regulation in Lieu Number 1 of 2017 concerning
Access to Financial Information for Taxation In-
terests into Laws which revoke several articles
in several laws relating to finance, banking, and
other relevant laws.
Scope of Job Creation Bill
In the Job Creation Draft Bill presented by the
Coordinating Ministry for Economic Affairs con-
sists of 11 (eleven) Discussion Clusters with a
total of 80 (eighty) Laws and 1,201 (one thou-
sand two hundred and one) articles. The eleven
clusters consist of (1) simplification of licensing,
(2) investment requirements, (3) employment,
(4) ease and protection of MSMEs (Micro Small
Medium Enterprises), (5) ease of doing business,
(6) research and innovation support, (7) govern-
ment administration, (8) imposition of sanctions,
(9) land acquisition, (10) investment and Govern-
ment projects, and (11) economic zones. The de-
scription of the scope of aspects in each cluster
can be seen in Figure 1.
4 PWYP Indonesia — 2020
Figure 1. Job Creation Bill
Source: Presentation of Coordinating Ministry of Economics in Public Discussion “Respond the Omnibus Law: Pro and Contra of
Job Creation Bill” which held by Djoko Soetono Research Center, Faculty of Law University of Indonesia, on February 6, 2020.
While specifically for cluster #1 related to the simplification of business license, there are 18 sub-cluster
which can be seen in the Picture 2.
Figure 2. Job Creation Bill - Cluster #1: Simplification of Business License
Source: Presentation of Coordinating Ministry of Economics in Public Discussion “Respond the Omnibus Law: Pro and Contra of
Job Creation Bill” which held by Djoko Soetono Research Center, Faculty of Law University of Indonesia, on February 6, 2020.
5 PWYP Indonesia — 2020
Analysis and Notes on the Omnibus Law Formulation Process
14) It is noted that HUMA and ICEL (one of the members of PWYP Indonesia) have submitted requests for public information to the Government
officially, but not fulfilled.
From various sources of information, references
and presentation materials obtained from several
forums, as well as from observations on the facts
of the Omnibus Law formulation process, PWYP
Indonesia provides analysis and policy notes on
the Omnibus Law formulation process as follows:
1. The Formulation Process of Academic Paper and Bill Tend to be Closed and Lack
of Public Participation
Since the beginning the idea of Omnibus Law
would be rolled out, the public had difficulty in
getting the Draft of the Academic Paper or the
Omnibus Law draft bill from the Government. As
the executive and as the initiator of the Omni-
bus Law Bill, the Government tends to be closed,
and lack in provides public access to information
from this Omnibus Law document, especially
when the drafting stage before the Bill is sub-
mitted to the DPR.14
This closure is a question for
the public because how come that Bill that has a
noble purpose for the benefit of the people and
to improve the people’s welfare, the drafting pro-
cess in the initial stages tends to be closed.
Law Number 12 of 2011 concerning Formation of
Law and Regulations, especially Article 89 jo 96,
regulates the Government’s obligation to give ac-
cess in an easy way to all draft laws and regula-
tions for the community. Unfortunately, channels
for public input are still minimal.
Not only the public at large but several state in-
stitutions such as the Ombudsman of the Repub-
lic of Indonesia, when submitting requests for
public information to the Coordinating Ministry
for the Economy also were not met. The Om-
budsman also received a complaint report from
an individual (Member of the Task Force Team
for Job Creation Draft) who was asked to sign a
stamped statement on the disclaimer to keep the
draft bill a secret. (Kompas, 01/31/2020).
The aspect of participation is also an essential
note of the Omnibus Law formulation process.
The involvement of various stakeholders that will
be affected by the application of the Omnibus
Law is considered still minimal. The appointment
of KADIN (Chamber of Commerce and Industry)
as head of the public consultation team is also
considered weak, biased, and it has the potential
for a conflict of interest, considering that not all
public stakeholders can be represented by KA-
DIN. Opening a broad participation tap for vari-
ous stakeholders is very important as a form of
assessment of the impact of regulations (regu-
latory impact assessment) that should be prior-
itized in the process of policymaking regulations.
2. Omnibus Law and Delegation to Government Regulations
If we look closely, most of the changes in the
sectoral laws affected by the Omnibus Law man-
date the formation of further regulations under
the Law to make more detailed regulations, both
through Government Regulations (PP), Presiden-
tial Regulations (Perpres) and further derivative
regulations. If there is a conflict or dispute in the
implementation of investment and licensing ac-
tivities, the settlement is more likely to be hand-
ed over to the President through a Presidential
Regulation.
However, a polemic arises when in the Bill, there
is Article 170 is granted authority to the Central
Government to be able to change laws through
Government Regulations. Article 170 paragraph
(1) stated: “In the context of accelerating the im-
plementation of a job creation strategic policy
6 PWYP Indonesia — 2020
as referred to in Article 4 Paragraph (1), based
on this Law the Government of the Government
has the authority to amend the provisions in this
Law and/or amending provisions in the Law that
are not amended in this Law “which later in par-
agraph (2) of the same article stated that chang-
es to the provisions in the Law are regulated
through Government Regulation (PP).
This is in addition to being contrary to Law No. 12
of 2011 (and its amendments) regarding the For-
mation of Laws and Regulations, also potentially
violating the 1945 Constitution; Because, the po-
sition of Government Regulation is not to replace
the Law but to implement the Law - in the man-
dated area. Further arguments, the discussion of
regulations at the level of laws - both to replace,
delete, and even add provisions in regulations at
the level of laws must be decided jointly between
the Executive (Government) and the Legislature
(DPR RI).
The ‘typo’ argument of article 170 stated by the
Coordinating Minister of Politics, Laws, and Se-
curity and Minister of Justice and Human Rights
published by media is lousy precedent in the
process of drafting laws and regulations which
creates polemic and confusion in the communi-
ty. This situation should not be repeated in the
process of drafting other laws, such as the revi-
sion of the Law on the KPK - especially regard-
ing the age of the KPK commissioners. However,
in practice, several Government Regulations are
suspected of having the potential to violate laws,
such as Government Regulation in the Ministry
of Energy and Mineral Resources (MEMR) sec-
tor that provide (relaxation) on the obligation to
ban exports and the construction of downstream
facilities for mineral and coal mining that are con-
sidered contrary to Law No. 4/2009 concerning
Minerba mining.
3. Risk Analysis Approach and Indicators Required in Omnibus Law
The Government, through the Employment Bill, is
stated to change the paradigm of granting per-
mits by applying a risk-based approach, where
the business license is only applied to business-
es that have a high risk to health, safety, and
environment and natural resource management
activities. Through this approach, business ac-
tivities will be divided into 3 (three) categories,
namely business activities with the high risk that
must have a permit; Medium risk business activ-
ities using standards; and low-risk business ac-
tivities that are sufficient only through registra-
tion, where standard assessments (compliance)
are carried out by a certified professional.
PWYP Indonesia assesses that this risk analysis
approach will be useful and practical if followed
by the readiness of the institution and robust
human resource capacity, including the clarity
of indicators and mechanisms for assessing and
analyzing risk that appropriate and valid. The
challenge lies in how the indicators of high, medi-
um or low-risk business activities are determined
based on an accurate assessment mechanism
from various perspectives and sectoral contexts.
Included in this case, consider the costs (costs)
on the impact of externalities caused by benefits
that may be achieved from an industry.
For example, in Mineral and Coal mining sector,
indicators in the assessment of risk analysis are
needed before determining the duration of min-
ing concessions, the size of the mining area, the
decentralization of regional government author-
ity, the mechanism of permit extension, to the
provision of incentives and disincentives relat-
ed to tax and state revenue, as well as aspects
of applying good mining practices and due dil-
igence standards for environmental and social
compliance with mining operations.
7 PWYP Indonesia — 2020
4. Mineral and Coal Draft Bill vs. Job Creation Draft Bill, Which Is More Priority?
The Mineral and Coal Draft Bill and the Job Cre-
ation Bill have been ratified to become the Pri-
ority Bill among the 50 bills in the 2020 Priori-
ty National Legislative Program at the 8th Full
Meeting on Wednesday (1/22/2020). Even in the
agenda meeting of the Commission Seven which
was held in private on Thursday (01/31/2020), it
was informed that a Working Committee (Panja)
was formed to discuss the Revision of the Min-
eral and Coal Law. Where then the existence and
composition of the Working Committee members
were announced to the public on last February
13, at a working meeting of the Commission 7 to-
gether with the Ministry of Energy and Mineral
Resources which took place open to the public.
Meanwhile, the new Job Creation Draft Bill was
submitted to the DPR last week, on February 12
2020.
The fundamental question for the two bills that
included in Prolegnas is which of the two draft
laws will take precedence, bearing in mind that
each of them has the same in removing or add-
ing articles in the same Act, namely Mineral and
Coal Law No. 4/2009. Which articles will be set-
tled by the Mineral and Coal Law Revision and
which articles will be settled by the Omnibus Law
Bill. What if the Mineral and Coal Bill relates to
other sectors in the Omnibus Law Bill, for exam-
ple relating to the marine sector, environment,
electrical energy and so on. The redundant pro-
cess and the fear of overlapping will undoubtedly
affect the quality of the draft bill that produced
later.
Aside from the executive level, how the dis-
cussion process of this Bill is carried out trans-
parently, participative and good quality at the
legislative level. Moreover, the House of Repre-
sentatives has a separate discussion and stipu-
lation mechanism stipulated in the Code of Con-
duct (Tatib), division of commission functions
that will discuss, as well as the formation of a
Working Committee (Panja) by the Commission
or the formation of a Special Committee (Pansus)
by the DPR Consultative Body. Quality discussion
of the Bill, having the value of proper prioritiza-
tion and integration will undoubtedly affect the
efficiency of the discussion, as well as the effec-
tiveness of the implementation of the regulation
later. The quality of the Bill will also be seen in
how anticipatory a bill is to prevent risks, and the
predicted impact will occur from the birth of a
policy in the form of a law.
5. Job Creation Draft Bill and Management of Mineral and Coal Mining
The purpose of drafting the Job Creation Bill is
to simplify and harmonize regulations, including
those related to licensing mechanisms and sys-
tems; and to get good quality investment using
the Omnibus Law method, where the Mineral and
Coal mining sector law is one of the targets cov-
ered in the Draft of the Bill, in addition to other
sectors that are closely related such as envi-
ronmental, forestry, land law and other relevant
laws.
Generally, this Job Creation Draft of Bill proposes
changes and added several articles and clauses
related to the mining utilization through mining
licensing; divide authority between the central
and regional Government; downstream obliga-
tion/increase value-added; technical provision
regarding the area, period, and license extension
mechanism; spatial layout and land utilization;
criminal provisions; and other aspects relating to
state revenue such as the determination of royal-
ties and the provision of tax incentives.
Important aspects that need to be considered in
the Job Creation Draft Bill related to the man-
agement of the mineral and coal mining sector
8 PWYP Indonesia — 2020
include the strategic function of Mining Natu-
ral Resources as strategic and high-value eco-
nomic resources and reserves, but at the same
time also constitute great unrenewable resourc-
es, influenced by geopolitical factors and glob-
al market fluctuations. Where the management
of natural resources has risks and impacts that
are systemic and requires capital, technology,
and technical standards that must be met. For
this reason, management and utilization must be
carried out with due care, taking into account im-
pacts and risks, and taking into account develop-
ment priorities and national economic strategies
aimed at meeting the welfare of the community.
The 1945 Constitution Article 33 has provided a
broad framework for how the use of natural re-
15) More detailed and in-depth review of the substance of changes to the articles in the Job Creation Bill will be discussed in Series # 2 Note
Omnibus Law Policy, PWYP Indonesia.
sources mining which is natural resources con-
tained in the bowels of the earth, to be utilized
as much as possible for the interest of the peo-
ple. The constitutional goals and philosophies in
the utilization of natural resources must become
the spirit in the development of a just, demo-
cratic and sustainable national economy. Sim-
plifying licensing, Decentralization of authority,
incentives for state revenues and alignments for
sustainable development must be in line with the
constitutional goals of equitable and democratic
management of natural resources and ensuring
redistribution to regions and local communities.
This constitutional economy has been the pur-
pose of our founding father since Independence,
which continues to be the spirit of our nation and
state life today.15
9 PWYP Indonesia — 2020
Policy Recommendations
Based on the findings of the facts, data and analysis in this study, PWYP Indonesia recommends the
following aspects of policy improvement:
The process of formulating policies in the form of laws and regulations - both the Ex-
ecutive (Government) and Legislative (DPR) initiatives, should involve the participation
of the public from various stakeholders since the beginning. In the context of the job
creation draft of Bill, the involvement and participation of the community are not only
from among economic/industrial actors and components of institutions/agencies in the
Government, but also the public who will be affected by changes in the regulation. This
is important to avoid bias and conflicts of interest, and to prevent impact risks with in-
depth and participatory assessment parameters.
Openness and public access to the Academic Paper and the Draft Bill should be done
from the beginning before the discussion phase in the parliament, to anticipate the
cycles and stages of the discussion that are too fast, rushed and not too deep or pre-
mature. The discussion process in the parliament as well as in the Coordination Meeting
between the parliament and the Government should be carried out in open meetings so
that the public can monitor developments and provide input and express their aspira-
tions. The openness of this discussion also allows the public to be able to assess how
the Government and Members of Parliament as people’s representatives work to voice,
analyze, and fight for the interests of the community as its main constituents.
Delegation of the mandate of the Law to Government Regulations (PP) must be car-
ried out appropriately and full of caution. It is necessary to sort and study in-depth
what Government Regulation can regulate aspects and provisions, and what Law must
regulate aspects and provisions. This is very important to provide legal certainty for the
economy and state life as the primary function of the existence of laws and regulations.
Legal certainty is critical, to ensure the quality of development, the delegation of institu-
tional mandates, as well as creating ease and sustainability of economic activities.
Coordination, synchronization and integration among Ministries and Agencies (both
at the Central and Regional levels) must be ensured to run well. As for technical issues
such as ‘typos’ in the drafting of legislation that should not be repeated and are an indi-
cation of weak coordination, the depth and quality of coordination should be improved.
Likewise, the sectoral ego and institutional ego must be avoided in the formulation of
a regulatory policy which is very important for the community and the progress of the
national economy.
1
2
3
4
10 PWYP Indonesia — 2020
A risk analysis based approach must be formulated in more depth with measurable pa-
rameters, including using environmental-economic valuations. The risk analysis-based
approach uses environmental-economic valuation that enables contextual policies to be
born, bases on environmental support and carrying capacity, pays attention to cost and
benefit calculations, and allows for validation and handling of valid and objective risks,
not based on momentary economic interests. The environmental-economic valuation
can also prevent over-exploitation, which calculates the age and balance of resource
reserves which are very important for national economic sovereignty and resilience.
The substance discussion of the provisions regarding the articles in the Mining Law
must pay attention to the spirit and appropriateness of the philosophical norms and
objectives of the management and use of natural resources in the 1945 Constitution.
Legal certainty in management of natural resources for the most significant benefit of
people, good governance, and have a vision for national economic sovereignty and resil-
ience that considers risk, sustainability and environmental balance. The spirit of the Con-
stitution also ensures that the management of the natural resource economy is carried
out through a just economic democracy and does not foster monopoly, and pay attention
to aspects of equal redistribution and Decentralization between the Central-Regions.
The process of discussion and formulation of the legislative agenda in the parliament
must be carried out integratively and avoid dualism (redundancy) so that it runs ef-
fective, efficient, and accountable. The dualism between the Mineral and Coal Draft Bill
and the Job Creation Draft Bill in the National Legislation Program should be avoided by
planning an integrated legislation program, as well as a thorough and integrative process
of coordination and discussion.
5
6
7
11 PWYP Indonesia — 2020
References
_______. 2020. President Joko Widodo’s Speech Manuscript in His Inauguration for the Period 2019-
2024. https: //jeo.kompas.com/naskah-complete-preedom-residen-joko-widodo-in-beauthorization-
period-2019-202407 February 2020, 12.30 WIB
_______. 2020. Results of the 8th House of Representative Plenary Meeting, Jakarta, January 22, 2020
_______. 2020. Explanation of the Omnibus Law of Employment Creation. Exposure Materials, Jakarta,
January 29, 2020.
_______. 2020. Omnibus Law, Colonial Law Products and the National Legal System: Some Notes. Pres-
entation, Depok, February 6, 2020.
_______. 2020. Explanation of the Employment Copyright Omnibus Law, Coordinating Ministry for the
Republic of Indonesia. Presentation, Jakarta, January 29, 2020.
Redi, Ahmad. 2019. Omnibus Law: The Idea of Regulation for People’s Prosperity, PWYP Knowledge
Forum. Presentation, Jakarta, December 3, 2019.
Citradi Tirta. 2020. Not Only in the Republic of Indonesia, but Omnibus Law Is also Widely Used in
Other Countries. https://www.cnbcindo-nesia.com/news/20200121152155-4-131621/tak-cuma-di-ri-
omnibus-law-banyak-dipakai-negara-ain
12 PWYP Indonesia — 2020
PWYP Indonesia is a coalition of civil societies for transparency and accountability of extractive
resource governance in Indonesia. PWYP Indonesia was established in 2007, legalized under
Indonesia’s law in 2012 as Yayasan Transparansi Sumberdaya Ekstraktif, and affiliates to the
network of PWYP global campaign. PWYP Indonesia works in transparency and accountability
along the chain of extractive resource, from development phase of contract and mining opera-
tion (publish what you pay and how you extract), production phase and revenue from industries
(publish what you pay), to the spending phase of revenue for sustainable development and
social welfare (publish what you earn and how you spent)
Follow Us on Social Media
pwypindonesia — Instagram
pwyp_indonesia — Twitter
Publish What You Pay Indonesia — Facebook
Contact Us
sekretariat@pwypindonesia.org — Email
www.pwypindonesia.org — Website

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Omnibus Law and Notes on Law Formulating Process in Mining Sector

  • 1. 1 PWYP Indonesia — 2020 Omnibus Law and Notes on Law Formulating Process in Mining Sector 1) Program Manager at PWYP Indonesia, CSO Representative in MSG EITI Indonesia 2) Communication Officer at PWYP Indonesia 3) Program Assistant at PWYP Indonesia 4) National Coordinator/Director of PWYP Indonesia 5) Manuscript of President Joko Widodo’s Speech, in his inauguration for 2019-2024 Period. 6) Results of the 8th Plenary Meeting of the Indonesian Parliament, 22 January 2020. 7) Material of Presentation of the Coordinating Ministry of Economic Affairs of the Republic of Indonesia, in a Press Conference on January 29th, 2020 in Jakarta. 8) Assumptions that were used as reference during the study based on information received and accessible to the public as of February 23rd, 2020. Writers: Aryanto Nugroho1 , Asri Nuraeni2 , Sholahudin Al Ayubi3 Reviewers: Maryati Abdullah4 President Jokowi in his first speech after ap- pointed as President of Republic of Indonesia 2019-2024 conveyed that he would propose the issuance of 2 (two) significant laws, namely the Employment Creation Act and the Micro, Small and Medium Enterprises Empowerment Act, through Omnibus Law.5 Through this scheme, the Government intends to streamline, trim and re- move dozens of regulations that overlapped and considered hindering the ease of investment. In its journey, the Government drafted 4 (four) Draft of the Omnibus Law, namely the Draft Bill on the State Capital, Draft Bill on Pharmaceuti- cals, the Draft Bill on Employment Creation, and the Draft Bill on Labor and Tax Facilities for Eco- nomic Strengthening. Today the Draft Bill of Om- nibus Law package has been included as part of the 50 bills that are included in the 2020 National Legislation Program (Prolegnas) 2020.6 The Job Creation Bill Draft conveyed by the Government to the House of Representative of Republic Indo- nesia on last January 12, 2020. The Omnibus Law, which is also often referred as “Sapu Jagat” Law is considered to be more effective and efficient to replace and synchro- nize legal norms and technical articles of sever- al laws simultaneously in one time and the same Act document. Where the amendment, can be in the form of addition or reduction of the arti- cles needed to carry out the purpose of Omni- bus Law. Included in the Omnibus Law are laws in the Natural Resource sector, both in the mining, plantation, forestry and environment.7 These series of Policy Brief are drafted by Pub- lish What You Pay (PWYP) Indonesia as input for the process and substance of the formulation of the Omnibus Law policy. It also expected to be PWYP Indonesia’s contribution for the govern- ance of extractive industry and natural resource sector, especially for developing economic de- velopment strategies that pay attention to gov- ernance and environmental sustainability, and for the broader public interest. This policy note series one is focused on the Omnibus Law and the documentation of the process of formulating the law on mineral and coal mining sector, which is the main focus of PWYP Indonesia.8 February 2020 www.pwypindonesia.org Policy Brief
  • 2. 2 PWYP Indonesia — 2020 Background of Omnibus Law 9) Explanation of Omnibus Law of Employment Creation, Presentation of the Coordinating Ministry of Economic Affairs of the Republic of Indone- sia on January 29th, 2020 at Jakarta. 10) Presentation of Prof. Dr. Satya Arinanto, Professor in the Faculty of Law University Indonesia entitled “Omnibus Law, Colonial Law Products and the National Legal System: Some Notes "presented in the Public Discussion" Responding to Omnibus Law: Pros and Cons of the Employment Copyright Bill " hosted by Djoko Soetono Research Center of the Faculty of Law UI on February 6, 2020 11) Explanation of the Omnibus Law Employment Creation Bill, Presentation of the Coordinating Ministry for Economic Affairs of the Republic of Indonesia on January 29, 2020 at Jakarta. 12) Ahmad Redi's Presentation entitled "Omnibus Law: The Idea of Regulation for People Prosperity" in PWYP Knowledge Forum held by PWYP Indonesia on 3 December 2019 Through speeches in a various media statement, Government has always postulated the issue of regulation as a basis for drafting the Omni- bus Law. The Government revealed the prob- lem of overlapping regulation among sectors, the business licensing system that tends to be complicated and fat, as well as the constraints of economic actors in investment. This condition is considered to be the cause of the decline of Indonesia’s competitive rank and the low level of ease doing business in Indonesia. Thus, break- throughs are needed in simplifying regulation through the Omnibus Law to encourage ease of doing business and investment in Indonesia. Through the Job Creation Bill, the Government hopes that there will be a change in the structure of economic structure that can drive all sectors by encouraging economic growth to reach 5.7% - 6.0% through creating quality jobs of 2.7 - 3 million per year, higher if compared to 2-2.5 mil- lion without Omnibus Law. Besides, an increase of 6.6% - 7% of investment is also considered to escalate income and purchasing power, and encourage an increase in public consumption by 5.4% -5.6%. This is reinforced by efforts to in- crease productivity which is believed to be fol- lowed by an increase in workers’ wages.9 This objective is further stated inseparable from the dynamics of rapid global change, so it needs to be responded appropriately through policy re- formulation in the Omnibus Law scheme. If this is not carried out, the Government worried that jobs would move to other countries that more competitive, so the number of unemployment will increase, and Indonesia potentially falls in the middle-income trap. The Omnibus Law Concept The term of Omnibus Law in the 10th Edition of Black Law Dictionary by Bryan A. Garner is stated as “A single bill containing various distinct mat- ters; A bill that deals with all proposals is relevant to a particular subject.”10 The Government itself defines the Omnibus Law as a method used to replace and or revoke the provisions in the law, or rearrange several provisions in law into one thematic law.11 Omnibus Law is used for several purposes, in- cluding 1) resolving conflicting laws and regula- tions quickly, effectively and efficiently; 2) uni- forming government policies both at the central and regional levels, to support the investment climate; 3) licensing management becomes more integrated, efficient, and effective; 4) break the complicated bureaucratic chains; 5) improve the coordination among related agencies because it has been regulated in an integrated omnibus pol- icy; 6) guaranteed legal certainty and legal pro- tection for policymakers.12
  • 3. 3 PWYP Indonesia — 2020 Omnibus Law Practices in Several Countries 13) https://www.cnbcindonesia.com/news/20200121152155-4-131621/tak-cuma-di-ri-omnibus-law-banyak-dipakai-negara-lain Omnibus Law has been widely practised in vari- ous countries, especially countries with common law systems such as Canada, Turkey, New Zea- land, Australia, the Philippines and Vietnam.13 In Canada, Omnibus Law is used to be subject to WTO agreements (World Trade Organization), namely by modifying 23 laws to conform to in- ternational agreements. In Turkey, the Omnibus Law is implemented for essential amendments such as increasing currency differences as a VAT basis, making the consumer price ratio as a basis for determining leasing price increases, as well as 70% tax exemption in private personnel salary payments. In New Zealand, the Omnibus Law is used to im- prove tax regulations that apply in a broad-base and low-rate framework in order to encourage compliance with tax obligations. Australia also implements the Omnibus Law for the Act on Im- plementation of US FTA (United States - Free Trade Agreement), which is used to implement a free trade agreement between the United States and Australia. In the Philippines, the implementation of Omni- bus Law is related to investment. The Omnibus Investment Code regulates the provision of both fiscal and non-fiscal incentives to encourage na- tional development. In countries that follow civil Law such as Vietnam, the Omnibus Law is imple- mented as a law to amend and complete several articles related to the Law on value-added tax, the Law on the excise tax, and Law for tax ad- ministration. In Indonesia, the concept of Omnibus Law is indeed not quite popular. However, there have been several laws that have applied the con- cept even on a small scale, such as Law No. 9 of 2017 concerning the Enactment of Government Regulation in Lieu Number 1 of 2017 concerning Access to Financial Information for Taxation In- terests into Laws which revoke several articles in several laws relating to finance, banking, and other relevant laws. Scope of Job Creation Bill In the Job Creation Draft Bill presented by the Coordinating Ministry for Economic Affairs con- sists of 11 (eleven) Discussion Clusters with a total of 80 (eighty) Laws and 1,201 (one thou- sand two hundred and one) articles. The eleven clusters consist of (1) simplification of licensing, (2) investment requirements, (3) employment, (4) ease and protection of MSMEs (Micro Small Medium Enterprises), (5) ease of doing business, (6) research and innovation support, (7) govern- ment administration, (8) imposition of sanctions, (9) land acquisition, (10) investment and Govern- ment projects, and (11) economic zones. The de- scription of the scope of aspects in each cluster can be seen in Figure 1.
  • 4. 4 PWYP Indonesia — 2020 Figure 1. Job Creation Bill Source: Presentation of Coordinating Ministry of Economics in Public Discussion “Respond the Omnibus Law: Pro and Contra of Job Creation Bill” which held by Djoko Soetono Research Center, Faculty of Law University of Indonesia, on February 6, 2020. While specifically for cluster #1 related to the simplification of business license, there are 18 sub-cluster which can be seen in the Picture 2. Figure 2. Job Creation Bill - Cluster #1: Simplification of Business License Source: Presentation of Coordinating Ministry of Economics in Public Discussion “Respond the Omnibus Law: Pro and Contra of Job Creation Bill” which held by Djoko Soetono Research Center, Faculty of Law University of Indonesia, on February 6, 2020.
  • 5. 5 PWYP Indonesia — 2020 Analysis and Notes on the Omnibus Law Formulation Process 14) It is noted that HUMA and ICEL (one of the members of PWYP Indonesia) have submitted requests for public information to the Government officially, but not fulfilled. From various sources of information, references and presentation materials obtained from several forums, as well as from observations on the facts of the Omnibus Law formulation process, PWYP Indonesia provides analysis and policy notes on the Omnibus Law formulation process as follows: 1. The Formulation Process of Academic Paper and Bill Tend to be Closed and Lack of Public Participation Since the beginning the idea of Omnibus Law would be rolled out, the public had difficulty in getting the Draft of the Academic Paper or the Omnibus Law draft bill from the Government. As the executive and as the initiator of the Omni- bus Law Bill, the Government tends to be closed, and lack in provides public access to information from this Omnibus Law document, especially when the drafting stage before the Bill is sub- mitted to the DPR.14 This closure is a question for the public because how come that Bill that has a noble purpose for the benefit of the people and to improve the people’s welfare, the drafting pro- cess in the initial stages tends to be closed. Law Number 12 of 2011 concerning Formation of Law and Regulations, especially Article 89 jo 96, regulates the Government’s obligation to give ac- cess in an easy way to all draft laws and regula- tions for the community. Unfortunately, channels for public input are still minimal. Not only the public at large but several state in- stitutions such as the Ombudsman of the Repub- lic of Indonesia, when submitting requests for public information to the Coordinating Ministry for the Economy also were not met. The Om- budsman also received a complaint report from an individual (Member of the Task Force Team for Job Creation Draft) who was asked to sign a stamped statement on the disclaimer to keep the draft bill a secret. (Kompas, 01/31/2020). The aspect of participation is also an essential note of the Omnibus Law formulation process. The involvement of various stakeholders that will be affected by the application of the Omnibus Law is considered still minimal. The appointment of KADIN (Chamber of Commerce and Industry) as head of the public consultation team is also considered weak, biased, and it has the potential for a conflict of interest, considering that not all public stakeholders can be represented by KA- DIN. Opening a broad participation tap for vari- ous stakeholders is very important as a form of assessment of the impact of regulations (regu- latory impact assessment) that should be prior- itized in the process of policymaking regulations. 2. Omnibus Law and Delegation to Government Regulations If we look closely, most of the changes in the sectoral laws affected by the Omnibus Law man- date the formation of further regulations under the Law to make more detailed regulations, both through Government Regulations (PP), Presiden- tial Regulations (Perpres) and further derivative regulations. If there is a conflict or dispute in the implementation of investment and licensing ac- tivities, the settlement is more likely to be hand- ed over to the President through a Presidential Regulation. However, a polemic arises when in the Bill, there is Article 170 is granted authority to the Central Government to be able to change laws through Government Regulations. Article 170 paragraph (1) stated: “In the context of accelerating the im- plementation of a job creation strategic policy
  • 6. 6 PWYP Indonesia — 2020 as referred to in Article 4 Paragraph (1), based on this Law the Government of the Government has the authority to amend the provisions in this Law and/or amending provisions in the Law that are not amended in this Law “which later in par- agraph (2) of the same article stated that chang- es to the provisions in the Law are regulated through Government Regulation (PP). This is in addition to being contrary to Law No. 12 of 2011 (and its amendments) regarding the For- mation of Laws and Regulations, also potentially violating the 1945 Constitution; Because, the po- sition of Government Regulation is not to replace the Law but to implement the Law - in the man- dated area. Further arguments, the discussion of regulations at the level of laws - both to replace, delete, and even add provisions in regulations at the level of laws must be decided jointly between the Executive (Government) and the Legislature (DPR RI). The ‘typo’ argument of article 170 stated by the Coordinating Minister of Politics, Laws, and Se- curity and Minister of Justice and Human Rights published by media is lousy precedent in the process of drafting laws and regulations which creates polemic and confusion in the communi- ty. This situation should not be repeated in the process of drafting other laws, such as the revi- sion of the Law on the KPK - especially regard- ing the age of the KPK commissioners. However, in practice, several Government Regulations are suspected of having the potential to violate laws, such as Government Regulation in the Ministry of Energy and Mineral Resources (MEMR) sec- tor that provide (relaxation) on the obligation to ban exports and the construction of downstream facilities for mineral and coal mining that are con- sidered contrary to Law No. 4/2009 concerning Minerba mining. 3. Risk Analysis Approach and Indicators Required in Omnibus Law The Government, through the Employment Bill, is stated to change the paradigm of granting per- mits by applying a risk-based approach, where the business license is only applied to business- es that have a high risk to health, safety, and environment and natural resource management activities. Through this approach, business ac- tivities will be divided into 3 (three) categories, namely business activities with the high risk that must have a permit; Medium risk business activ- ities using standards; and low-risk business ac- tivities that are sufficient only through registra- tion, where standard assessments (compliance) are carried out by a certified professional. PWYP Indonesia assesses that this risk analysis approach will be useful and practical if followed by the readiness of the institution and robust human resource capacity, including the clarity of indicators and mechanisms for assessing and analyzing risk that appropriate and valid. The challenge lies in how the indicators of high, medi- um or low-risk business activities are determined based on an accurate assessment mechanism from various perspectives and sectoral contexts. Included in this case, consider the costs (costs) on the impact of externalities caused by benefits that may be achieved from an industry. For example, in Mineral and Coal mining sector, indicators in the assessment of risk analysis are needed before determining the duration of min- ing concessions, the size of the mining area, the decentralization of regional government author- ity, the mechanism of permit extension, to the provision of incentives and disincentives relat- ed to tax and state revenue, as well as aspects of applying good mining practices and due dil- igence standards for environmental and social compliance with mining operations.
  • 7. 7 PWYP Indonesia — 2020 4. Mineral and Coal Draft Bill vs. Job Creation Draft Bill, Which Is More Priority? The Mineral and Coal Draft Bill and the Job Cre- ation Bill have been ratified to become the Pri- ority Bill among the 50 bills in the 2020 Priori- ty National Legislative Program at the 8th Full Meeting on Wednesday (1/22/2020). Even in the agenda meeting of the Commission Seven which was held in private on Thursday (01/31/2020), it was informed that a Working Committee (Panja) was formed to discuss the Revision of the Min- eral and Coal Law. Where then the existence and composition of the Working Committee members were announced to the public on last February 13, at a working meeting of the Commission 7 to- gether with the Ministry of Energy and Mineral Resources which took place open to the public. Meanwhile, the new Job Creation Draft Bill was submitted to the DPR last week, on February 12 2020. The fundamental question for the two bills that included in Prolegnas is which of the two draft laws will take precedence, bearing in mind that each of them has the same in removing or add- ing articles in the same Act, namely Mineral and Coal Law No. 4/2009. Which articles will be set- tled by the Mineral and Coal Law Revision and which articles will be settled by the Omnibus Law Bill. What if the Mineral and Coal Bill relates to other sectors in the Omnibus Law Bill, for exam- ple relating to the marine sector, environment, electrical energy and so on. The redundant pro- cess and the fear of overlapping will undoubtedly affect the quality of the draft bill that produced later. Aside from the executive level, how the dis- cussion process of this Bill is carried out trans- parently, participative and good quality at the legislative level. Moreover, the House of Repre- sentatives has a separate discussion and stipu- lation mechanism stipulated in the Code of Con- duct (Tatib), division of commission functions that will discuss, as well as the formation of a Working Committee (Panja) by the Commission or the formation of a Special Committee (Pansus) by the DPR Consultative Body. Quality discussion of the Bill, having the value of proper prioritiza- tion and integration will undoubtedly affect the efficiency of the discussion, as well as the effec- tiveness of the implementation of the regulation later. The quality of the Bill will also be seen in how anticipatory a bill is to prevent risks, and the predicted impact will occur from the birth of a policy in the form of a law. 5. Job Creation Draft Bill and Management of Mineral and Coal Mining The purpose of drafting the Job Creation Bill is to simplify and harmonize regulations, including those related to licensing mechanisms and sys- tems; and to get good quality investment using the Omnibus Law method, where the Mineral and Coal mining sector law is one of the targets cov- ered in the Draft of the Bill, in addition to other sectors that are closely related such as envi- ronmental, forestry, land law and other relevant laws. Generally, this Job Creation Draft of Bill proposes changes and added several articles and clauses related to the mining utilization through mining licensing; divide authority between the central and regional Government; downstream obliga- tion/increase value-added; technical provision regarding the area, period, and license extension mechanism; spatial layout and land utilization; criminal provisions; and other aspects relating to state revenue such as the determination of royal- ties and the provision of tax incentives. Important aspects that need to be considered in the Job Creation Draft Bill related to the man- agement of the mineral and coal mining sector
  • 8. 8 PWYP Indonesia — 2020 include the strategic function of Mining Natu- ral Resources as strategic and high-value eco- nomic resources and reserves, but at the same time also constitute great unrenewable resourc- es, influenced by geopolitical factors and glob- al market fluctuations. Where the management of natural resources has risks and impacts that are systemic and requires capital, technology, and technical standards that must be met. For this reason, management and utilization must be carried out with due care, taking into account im- pacts and risks, and taking into account develop- ment priorities and national economic strategies aimed at meeting the welfare of the community. The 1945 Constitution Article 33 has provided a broad framework for how the use of natural re- 15) More detailed and in-depth review of the substance of changes to the articles in the Job Creation Bill will be discussed in Series # 2 Note Omnibus Law Policy, PWYP Indonesia. sources mining which is natural resources con- tained in the bowels of the earth, to be utilized as much as possible for the interest of the peo- ple. The constitutional goals and philosophies in the utilization of natural resources must become the spirit in the development of a just, demo- cratic and sustainable national economy. Sim- plifying licensing, Decentralization of authority, incentives for state revenues and alignments for sustainable development must be in line with the constitutional goals of equitable and democratic management of natural resources and ensuring redistribution to regions and local communities. This constitutional economy has been the pur- pose of our founding father since Independence, which continues to be the spirit of our nation and state life today.15
  • 9. 9 PWYP Indonesia — 2020 Policy Recommendations Based on the findings of the facts, data and analysis in this study, PWYP Indonesia recommends the following aspects of policy improvement: The process of formulating policies in the form of laws and regulations - both the Ex- ecutive (Government) and Legislative (DPR) initiatives, should involve the participation of the public from various stakeholders since the beginning. In the context of the job creation draft of Bill, the involvement and participation of the community are not only from among economic/industrial actors and components of institutions/agencies in the Government, but also the public who will be affected by changes in the regulation. This is important to avoid bias and conflicts of interest, and to prevent impact risks with in- depth and participatory assessment parameters. Openness and public access to the Academic Paper and the Draft Bill should be done from the beginning before the discussion phase in the parliament, to anticipate the cycles and stages of the discussion that are too fast, rushed and not too deep or pre- mature. The discussion process in the parliament as well as in the Coordination Meeting between the parliament and the Government should be carried out in open meetings so that the public can monitor developments and provide input and express their aspira- tions. The openness of this discussion also allows the public to be able to assess how the Government and Members of Parliament as people’s representatives work to voice, analyze, and fight for the interests of the community as its main constituents. Delegation of the mandate of the Law to Government Regulations (PP) must be car- ried out appropriately and full of caution. It is necessary to sort and study in-depth what Government Regulation can regulate aspects and provisions, and what Law must regulate aspects and provisions. This is very important to provide legal certainty for the economy and state life as the primary function of the existence of laws and regulations. Legal certainty is critical, to ensure the quality of development, the delegation of institu- tional mandates, as well as creating ease and sustainability of economic activities. Coordination, synchronization and integration among Ministries and Agencies (both at the Central and Regional levels) must be ensured to run well. As for technical issues such as ‘typos’ in the drafting of legislation that should not be repeated and are an indi- cation of weak coordination, the depth and quality of coordination should be improved. Likewise, the sectoral ego and institutional ego must be avoided in the formulation of a regulatory policy which is very important for the community and the progress of the national economy. 1 2 3 4
  • 10. 10 PWYP Indonesia — 2020 A risk analysis based approach must be formulated in more depth with measurable pa- rameters, including using environmental-economic valuations. The risk analysis-based approach uses environmental-economic valuation that enables contextual policies to be born, bases on environmental support and carrying capacity, pays attention to cost and benefit calculations, and allows for validation and handling of valid and objective risks, not based on momentary economic interests. The environmental-economic valuation can also prevent over-exploitation, which calculates the age and balance of resource reserves which are very important for national economic sovereignty and resilience. The substance discussion of the provisions regarding the articles in the Mining Law must pay attention to the spirit and appropriateness of the philosophical norms and objectives of the management and use of natural resources in the 1945 Constitution. Legal certainty in management of natural resources for the most significant benefit of people, good governance, and have a vision for national economic sovereignty and resil- ience that considers risk, sustainability and environmental balance. The spirit of the Con- stitution also ensures that the management of the natural resource economy is carried out through a just economic democracy and does not foster monopoly, and pay attention to aspects of equal redistribution and Decentralization between the Central-Regions. The process of discussion and formulation of the legislative agenda in the parliament must be carried out integratively and avoid dualism (redundancy) so that it runs ef- fective, efficient, and accountable. The dualism between the Mineral and Coal Draft Bill and the Job Creation Draft Bill in the National Legislation Program should be avoided by planning an integrated legislation program, as well as a thorough and integrative process of coordination and discussion. 5 6 7
  • 11. 11 PWYP Indonesia — 2020 References _______. 2020. President Joko Widodo’s Speech Manuscript in His Inauguration for the Period 2019- 2024. https: //jeo.kompas.com/naskah-complete-preedom-residen-joko-widodo-in-beauthorization- period-2019-202407 February 2020, 12.30 WIB _______. 2020. Results of the 8th House of Representative Plenary Meeting, Jakarta, January 22, 2020 _______. 2020. Explanation of the Omnibus Law of Employment Creation. Exposure Materials, Jakarta, January 29, 2020. _______. 2020. Omnibus Law, Colonial Law Products and the National Legal System: Some Notes. Pres- entation, Depok, February 6, 2020. _______. 2020. Explanation of the Employment Copyright Omnibus Law, Coordinating Ministry for the Republic of Indonesia. Presentation, Jakarta, January 29, 2020. Redi, Ahmad. 2019. Omnibus Law: The Idea of Regulation for People’s Prosperity, PWYP Knowledge Forum. Presentation, Jakarta, December 3, 2019. Citradi Tirta. 2020. Not Only in the Republic of Indonesia, but Omnibus Law Is also Widely Used in Other Countries. https://www.cnbcindo-nesia.com/news/20200121152155-4-131621/tak-cuma-di-ri- omnibus-law-banyak-dipakai-negara-ain
  • 12. 12 PWYP Indonesia — 2020 PWYP Indonesia is a coalition of civil societies for transparency and accountability of extractive resource governance in Indonesia. PWYP Indonesia was established in 2007, legalized under Indonesia’s law in 2012 as Yayasan Transparansi Sumberdaya Ekstraktif, and affiliates to the network of PWYP global campaign. PWYP Indonesia works in transparency and accountability along the chain of extractive resource, from development phase of contract and mining opera- tion (publish what you pay and how you extract), production phase and revenue from industries (publish what you pay), to the spending phase of revenue for sustainable development and social welfare (publish what you earn and how you spent) Follow Us on Social Media pwypindonesia — Instagram pwyp_indonesia — Twitter Publish What You Pay Indonesia — Facebook Contact Us sekretariat@pwypindonesia.org — Email www.pwypindonesia.org — Website