Peraturan Pemerintah No 1 2017
The government regulation issued in 2017 that regulate the production, distribustion and the price decision toward the mining product. The regulation explain the division of the share between the Central Government and Local Government. The share division for Indonesian Government 51% and foreign investor 49%. The regulation is issued since there is a major issue on the management of the mining products and the unfairness of the prices. Another issue is related to the management of the profit to the stakeholders including the environmental issu handling and the local community welfare.Research MethodologyThe paradigm of this research will be on critical point of view based on the critical discourse analysis. Denzin and Lincoln (2011: 119) explained that qualitative Paradigm will depend on human knowledge in deriving the truth. The truth is a very subjective points of view that basis on the certain observation or in – depth analysis of the text. The phenomena in the society will help the researchers to understand the cases point of view and the possible solution and strategies that might be applied to overcome the problems. Further, in critical research, the truth is deriving by finding out the social injustice phenomena that strives the researcher in understanding the condition and obstacles that found in the society. The critical itself is aimed to deliver the social transformation in society through delivering new concept on social condition, psychology, or even the language. On critical discourse analysis, the concept and context of language usage is handling the important role in revealing the social injustice in society. The object of the research is PT Timah Indonesia that is located in Bangka Belitung. The main object of the research is the mining practices of PT Timah Indonesia as the reflection of the corporate capitalism as reflected in PP No. 1 2017. The reflection of the corporate capitalism can be analyzed through the cases toward the stakeholders. The regulation is analyzed through various contexts to understand the situation and condition. The Critical Discourse Analysis will be focused on the political discourse analysis. Van Dijk ( 2015: 360) explained that critical discourse analysis on political discourse would deeply analyse on the enactment, reproduction and legitimization of power and domination. The analysis of the political language will be applied to reveal the corporate capitalism practices of PT Timah toward the stakeholders. The Unit analysis is the Govermnment Regulation that contain main strategies of political decision for PT Timah through PP No 1 2017.Result and DiscussionDiscusing about PT Timah will be closely related with the regulation of power between PT Timah and the stakeholder. The historical background of PT Timah started form the Dutch Colonialization and as the implication of the regulation system is the centralization of the control and asset. The Government Regulation in 1999 emerged the changes of the centralization system to local regulation system. The participation of the local government give another alternatives to the province to handle the tin mining. The various type of the stakeholders appeared as the local government open the concept of „ free-mining‟ zone for the local community in overcoming the economic crisis ( Ibrahim: 2018). The corporate capitalism practices by PT Timah can be shown in implementing the stakeholder relation between PT Timah, Regulators, Local Governments, Customers, and Local Community. The mapping of the stakeholders has been changed through out the shareholder meeting in 2017. The prior condition of the stakeholder relation between PT Timah and the stakeholder in this case the local government and local community become the major problem to discuss as explained in the one of the reasearch entitled Tin and Authorithycontestation : Government, People , and Businessmen in chronical Tin Management ( Ibrahim : 2018). The authority of the Tin Mining ownership based on the research owned by The Central Government and one of private company. The regulation of power between the Central Government and the local government put the middle rank of the stakeholders that get involve in the mining production. Those stakeholders are the capital players, miners and the brokers. Until 2017 , Indonesian government put the deepest concern on the capital players and the monopoly process of production and distribution. The implication of the tin mining process and production create various effects such as the illegal mining and the environmental destruction. The limitation of the workplace and the opportunities and also the environmental destruction urge the local communities to conduct the illegal mining. Take a deep considerations on the implications of the production of the tin mining, Indonesian Government started to review the position of the PT Timah and its process of production. The changes of the Board of the Directors on December 2017 and the changes of the organization structures that urge Pt Timah to join the Holding with Inalum. The changes of the structure nad the Board of Directors is initiated by the issue of the Government Regulation or Peraturan Pemerintah No 1 2017 about the investors and the regulation in selling the mineral and coal mining products. Based on the Government Regulation or Peraturan Pemerintah issued by Indonesian Government , PP No 1 2017 about the mining regulation and the production of the tin. This regulation is also explain the stakeholders mapping for the tin distribution. The regulation mentioned the changes on the agreement between the Central Government and The Local Government. The major percentage of the combination between the central government and local government will be up 51% and open for foreign investorfor about 49%. The price of the production will ,be decided from various partuies. Based on the regulation the prices of production and selling will be decided with central Government in this case the minister of Mineral Mining and the local government, in this case the governor. The Government regulation gives the changes for PT Timah in improving the organizational structure. The implications from the organizational structure is the re – mapping of the stakeholders, those are the regulator that is related to the central government , the local government, the customers and the local community.PT Timah applied the meaning embedded in the Peraturan Pemerintah to support the Local Government in improving the production of the tin mining as well as the improvement of the stakeholders welfare. The implementation of the Peraturan pemerintah No 1 2017 can be shown on the PT Timah Website. The holding functions as the major information resources of the mining practices to be repoted to the central Government. This holding ifs functioned to return the regulation power to the government since PT Timah is considered as the governmental company ( BUMN) so that the state in this case the central government has absolut power to give the control of the tin mining process. The scope of the authoriety between the central government and local government is on the function and role as partners in decision making in the company. The contribution of of the central government and local government is considered as the stakeholder collaborative process in achieving the maximum benefit of the tin mining process. In the article 97 verses 4 and 5 , the central hovernment declare tyheir position of the ownership of the Tin Mining and claim it as the State Company and the central government will share the interest to the Local Government as one of the action in having the collaboration between Central Government and Local Government. As explained earlier that mthe system of the collaboration between the Central Government and Local Government is placing PT Timah under the holding company Inalum. Based on the regulation, the holding will have contribution in deciding the market and the rate of the price. The authorithy of Central Government is also shown in the scope of market as explained in the website. The central Governemt put the condition that only companies joined in Indonesian Commodity and Derrivative Exchage. The Central Government put the authority in choosing the customer and distributor. However, to maintain and improve the welfare of the production, as stated earlier in the PP no 1 2017 article 97 verse 2 the major ownership of the share will be the Indonesian Governement.ConclusionBy implementing the PP No 1 2017 , the Central Governemnt return their power in owning the major share of PT Timah Indonesia. The position of the local government is considered as partnership in dealing with local stakeholder. The PP no 1 2017 showing the urgency of PT Timah to revise the regulation power. Activity coordination with local stakeholder is mean government aware about a power relation as suistainable bussines practice (Bolton and Landell, 2015). The implementation of the authority is by placing PT Timah under holding company Inalum. The basic function of the holding company is to centralize the information and updates as well as the place in creating and delivering the policy to other stakeholder. This is consisten with notion the social relations of production Foucault’s (1980) ‘capillaries’ of power relationships, challenging global and hierarchical structures of society from below, then a more complex and nuanced representation of the struggle over the discourse of sustainable development emerges. The Company position above is showing the authority and the ownership of PT Timah has a changed, this is reflection of Sustainability as a socially instituted process of adaptive change. The stakeholders mapping changes into certain categories, those are Regulators (Central Government), Government (Local Government), Customer that distributed by the Indonesian Commodity and Derivative exchange and the Local Community.Bibliography Denzin, Norman.K & Lincoln, Yvonna .S. 2011. Qualitative Research. SAGE Publication,Inc.California.USA Denzin, Norman .K. Research Act. 1978. McGraw-Hill. USA Gill, Robert,Dr. Public Relations and the New Stakeholder Management Environment. International Journal of Academic Research in Business and Social Sciences, Vol 4, No.10. October 2014. Griffin,EM. 2011. First Look at Communication Theory.McGraw-Hill. New York. USA. Hayek.A.Fredrich. 1954. Capitalism and Historian.University of Chicago Press. Chicago. Hemphill, Thomas. “The „creative capitalism‟ corporate governance model : How radical an approach to modern capitalism ?” International Journal of Law and management . Vol 52 no 2, 2010 . pg 110. Ibrahim. Bangka Tin, and The Collapse of the State Power. Journal of Law and Social Sciences. 2016 Ibrahim. Tin and Authority Contestation, Government, People, and Businessmenin Chronical Tin Management. International journal of management and Applied Sciences. Vol.1 January 2018. Luoma-aho, Vilma. Understanding Stakeholder Engagement:Faith-holders,Hateholders&Fae-holders. Research Journal of the Institute for Public Relation,Vol2,no.1 . 2015 Mayer, Don. “Corporate Citizenship and Trustworthy capitalism : Co creating a more peaceful planet.”. American Business Law Journal, 2007. Pg 237. Dianne Bolton* and Terry Landells Reconceptualizing Power Relations as Sustainable Business Practice, Published online in Wiley Online Library (wileyonlinelibrary.com),2015;605