Perhapi Warns Martabe Gold Takeover Is Premature, Risks Legal Disputes

JAKARTA, Investortrust.id — The Indonesian Mining Experts Association, or Perhapi, said on Saturday, Jan 31, 2026 that the government plan to take over the Martabe gold mine from PT Agincourt Resources was premature and could create legal problems if not carried out through proper mechanisms. The group warned that any forced move could undermine legal certainty in Indonesia’s mining sector.

Perhapi chairman Sudirman Widhy said Agincourt held a Contract of Work rather than a Mining Business Permit, making its legal status fundamentally different from most mining companies. He said termination could not be equated with administrative permit revocation.

“To end a mining Contract of Work, the mechanism is not license revocation, but termination of the contract itself,” Sudirman said when contacted on Saturday. He added that no official step to terminate the contract had been announced by the Energy and Mineral Resources Ministry.

Sudirman said as long as the contract remained valid, any takeover of the Martabe mine lacked a strong legal basis. He warned that acting without clear contractual termination would expose the government to potential litigation.

He stressed that revoking a mining permit or terminating a Contract of Work must follow due process of law under administrative law principles and good governance standards. He said actions taken without proportional evaluation and adequate defense rights could be deemed procedurally and substantively flawed.

“Conceptually, permit revocation or contract termination that is not based on proportional evaluation or that denies proper defense can be classified as defective administrative action,” Sudirman said. He cited the Mineral and Coal Mining Law and its implementing regulations as the governing framework.

Perhapi said there was no legal justification to revoke permits or contracts if mining operations complied with regulations, maintained complete documentation, and followed good mining practices. Any alleged violations, Sudirman said, must be proven through rigorous assessment and strict causality tests.

He acknowledged findings by the Forest Area Enforcement Task Force indicating possible environmental violations by Agincourt but said such indications must be backed by scientific and technical studies. He added that the company must be given space to clarify and pursue administrative remedies.

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Sudirman also highlighted a civil lawsuit filed by the Environment Ministry against Agincourt at the South Jakarta District Court, seeking up to Rp 200 billion in damages for alleged environmental harm. He said the lawsuit drew attention because the company had previously received a Green Proper rating and a Good Mining Practice Award.

Energy Minister Bahlil Lahadalia earlier said the revocation of Martabe’s operating license had followed a comprehensive review. He said the move was part of the government’s broader revocation of dozens of forestry and mining permits.

Bahlil said a total of 28 permits had been revoked across forestry and mining sectors and that the decision had been announced by the state secretary together with the Forest Area Enforcement Task Force.

PT Agincourt Resources is an indirect subsidiary of United Tractors and Astra International through PT Danusa Tambang Nusantara. The company employs around 3,800 workers, with about 80 percent drawn from local communities in Sibolga and South Tapanuli.