Senin 23 Nov 2015 16:00 WIB

Mining expert: Freeport cannot sue Indonesia to International Arbitration

Rep: C09/ Red: Julkifli Marbun
PT. Freeport
Foto: Musiron/Republika
PT. Freeport

REPUBLIKA.CO.ID, JAKARTA -- PT Freeport Indonesia planned to sue Indonesia to International Arbitration Board if the contract extension was rejected by the government. Freeport planned to conduct the lawsuit in July 2016.

However, mining expert, Simon Sembiring, said Freeport cannot simply conduct a lawsuit to the International Arbitration Board. According to him, it was not stipulated in the contract of Freeport with Indonesia and in Law No. 4 of 2009 on Mineral and Coal.

"The contract and the law did not state that Indonesia have to follow their request. In addition, Freeport could not bring Indonesia to arbitration if Indonesia refused a contract extension," said Simon to Republika.co.id, Sunday (22/11).

Simon explained, if the Indonesian government refused to extend the Freeport contract, of course it should have been based on a variety of considerations. Reasons for the refusal must also be obtained from the evaluation made by the government about the Freeport contract.

"We implement Article 33 of the Constitution of 1945. If it does not want to be met by Freeport, they could not report Indonesia to arbitration," he added.

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