Senator Filep Responds to Refusal to Sign DBH for Oil and Natural Gas in Bintuni

24 October 2022 oleh admin

JAKARTA, dpd.go.id - West Papua Senator Dr. Filep Wamafma spoke about the rejection of the signing of the Revenue Sharing Fund (DBH) for Natural Oil and Gas Resources (SDA Migas) by the Regent of Teluk Bintuni, Ir. Dear Peter. The refusal occurred during a working meeting of regional heads throughout West Papua at the ACC Aimas Building which took place on 20 to 21 October 2022.

According to Filep, this refusal should not have been carried out because the regulation regarding the Oil and Gas Natural Resources DBH has been clearly stated in the relevant Law (UU) and Government Regulation (PP).

“I was quite surprised because there were regional heads who refused to sign the oil and gas DBH SDA. In our efforts to fight for the distribution of the Oil and Gas DBH, we have produced changes to the Special Autonomy Law as well as its derivatives in PP 106 and PP 107 of 2021. There has been regulated on the DBH of Oil and Gas SDA. Article 34 of the Special Autonomy Law for Changes already talks about that. PP 107 of 2021 is also the same, in Article 4, Article 6, Article 29," said Filep, Monday (24/10/2022).

"The formulation has also been contained in Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments. Crude Oil is divided equally by 84.5% for the Central Government and 15.5% for the Regional Government. Meanwhile, for natural gas, it is divided into 69.5% for the Central Government and 30.5% for the Regional Government," explained Filep.

Filep continued that according to Law Number 1 of 2022, the calculation of the allocation of DBH SDA Oil and Gas, is carried out after deducting the components of taxes and other levies in accordance with the provisions of the legislation. This shows that the distribution has been carefully considered by the government.

"That way, the regional revenue (West Papua) obtained from the Petroleum Natural Resources DBH is 15.5% divided by details, 2% is distributed to the province concerned, 6.5% to the producing Regency/City, 6% to the Regency/City other in the province concerned, and 1% to the regency/city that manages it," he said.

Furthermore, he explained, for regional revenues obtained through Natural Gas SDA DBH of 30.5% divided by details, 4% to the province concerned, 13.5% to producing regencies/cities, 12% distributed to regencies/cities that bordering and other Regencies/Cities within the Province concerned, and the remaining 1% is given to the managing Regency/City.

According to Filep, this shows that the producing regencies/cities still have a large portion of the allocation when compared to those obtained by other provinces and regencies/cities in the province concerned.

“So, all of that has been very transparently arranged. Even for indigenous peoples, 10% has been allocated specifically from the DBH SDA Migas Otsus (oil and gas special autonomy), which is allocated for spending on assistance for the empowerment of indigenous peoples (PP Number 107 of 2021). So, frankly, it's quite surprising if the regional head doesn't want to sign it," added the Deputy Chairman of Committee I DPD RI.

Therefore, Filep questioned what was the basis and consideration for the rejection. According to him, if the regional heads, both regencies/municipalities and provinces, do not comply with the mandate of the applicable laws and regulations, it is a violation of the law.

"So I want to emphasize that the percentage of oil and gas DBH distribution is very clear. If the local government of Bintuni Regency objected, it meant not an objection to the process but an objection to the law. So, a judicial review of the Constitutional Court (MK) or its regulations can be tested to the Supreme Court (MA), not the other way around, the rights of the people, which should have been realized, have not been implemented," he said.

“Once again, regional heads are obliged to implement the law. If it is ruled out, it is a violation of the law and the public has the right to demand justice, whether criminal, state administration or the constitution," he continued.

This West Papua senator also hopes that the relevant local government can carry out the mandate of the Law and PP related to the management of the Oil and Gas DBH according to its designation. According to him, this is more important than maintaining an attitude that is not necessarily true.

“I think we all agree that for the progress of West Papua, the DBH of Oil and Gas SDA must be fought for. However, if someone is dissatisfied, they should be able to elegantly express their disapproval, even though we also know that everything has been regulated by applicable regulations,” said Filep. (*)