By : Susane Febriyati Suryakartalegawa, S.H.
Chairperson of Sumedanglarang Traditional Council
SwaraRakyat.Com,- Sumedang – The Sumedanglarang Traditional Council has officially submitted a Letter of Legal Objection to the Secretary General, acting as the Superior of the Information and Documentation Management Officer (PPID) of Indonesia’s Ministry of Energy and Mineral Resources (ESDM). The letter, numbered 06/MA-SL/VI/2026, was delivered in Jakarta on Wednesday, July 1, 2026.
This legal action was taken in response to the Ministry of ESDM PPID’s refusal to disclose crucial documents concerning the historical licensing of the Tampomas Geothermal Mining Working Area (WKP), established under Minister of ESDM Decree No. 1790 K/33/MEM/2007.
The licensing scheme for the area has since been converted into a Preliminary Survey and Exploration Assignment (PSPE) under Minister of ESDM Decree No. 309.K/EK.04/MEM.E/2025, dated September 12, 2025, covering an area of 22,514 hectares.
The Chairperson of the Sumedanglarang Traditional Council, Susane Febriyati Suryakartalegawa, S.H., emphasized that the ESDM PPID’s justification that the documents are “no longer valid” or have “exceeded their retention period” is baseless and potentially unlawful.
“Under Law No. 43 of 2009 on Archives, documents concerning public licensing decisions and designated working areas constitute Protected and Vital State Archives with permanent legal and historical value,” Susane stated on Tuesday, June 30, 2026.
She further explained that if the PPID cannot produce an Official Record of Archive Destruction, there are reasonable grounds to suspect the unlawful disappearance of state archives. “Such an act constitutes an unlawful act punishable by up to 10 years’ imprisonment,” she stressed.
The Sumedanglarang Traditional Council also objected to the ESDM PPID’s decision to redirect requests for Environmental Impact Assessment (AMDAL), Environmental Management and Monitoring Efforts (UKL-UPL), and technical assessment documents to the Ministry of Environment.
According to Susane, this action violates Article 10 paragraph (1)(c) of Information Commission Regulation (Perki) No. 1 of 2021. “PPIDs are required to coordinate with one another, not shift responsibility. As the sectoral authority that issued the permit, the Ministry of ESDM is obliged to retain copies of all licensing documents,” she explained.
The Council argues that transparency regarding the 2007 WKP documents, which were revoked and annulled in 2025, is essential for the public to determine whether the transition to the PSPE scheme merely serves to avoid certain legal obligations, despite the activities taking place within the same geographical area.
The Council demands copies of all licensing documents, the Terms of Reference (TOR), and digital spatial data in shapefile (SHP) format. Access to these documents is necessary to ensure compliance with the Principle of Due Care under Law No. 30 of 2014 on Government Administration and to prevent the unilateral designation of the 22,514-hectare PSPE area as an exclusive concession.
These documents are also needed to uphold the principle of public participation, or Free, Prior and Informed Consent (FPIC), ensure there is no overlap with customary territories and cultural heritage sites, and anticipate potential disaster risks associated with the Baribis Fault.
The Sumedanglarang Traditional Council considers the withholding of ecological feasibility and customary law documents on the grounds that no tender has yet been conducted to be a form of state negligence in protecting the living space of local communities. The Council further argues that such action violates Article 11 paragraph (1)(b) of Law No. 14 of 2008 on Public Information Disclosure.
Through this letter of objection, the Council demands that the Superior of the ESDM PPID revoke the rejection decision and provide all requested documents within a maximum of 30 working days.
“Should our demands be ignored or inadequately addressed within 30 working days, we will immediately file a Public Information Disclosure Dispute with the Central Information Commission in Jakarta and pursue all available legal remedies,” Susane concluded.
