PEKAN INTELEKTUAL KELUARGA MAGISTER HUKUM LITIGASI FAKULTAS HUKUM UNIVERSITAS GADJAH MADA (KMHLI FH UGM) MEMPERSEMBAHKAN DISKUSI PUBLIK “KEDAULATAN PENGELOLAAN ASET STRATEGIS BANGSA PASCA PENGAMBILALIHAN SAHAM MAYORITAS PT. FREEPORT INDONESIA”
On Thursday, 25 April 2019, the Family of the Master of Litigation Law, Faculty of Law, Universitas Gadjah Mada (KMHLI FH UGM), held a public discussion entitled “Sovereignty in the Management of the Nation’s Strategic Assets Following the Acquisition of a Majority Stake in PT Freeport Indonesia” in Room 3.1.1 of the Faculty of Law, UGM. The discussion featured four speakers: Heribert Emayauta, Industrial Relations Manager at PT Freeport Indonesia; Prof. Dr. Ari Hernawan, S.H., M.Hum., an expert in Labor Law; Prof. Dr. Sulistiowati, S.H., M.Hum., an expert in Commercial Law; and I Gusti Agung Made Wardhana, S.H., LL.M., Ph.D., an expert in Environmental Law. The discussion was moderated by Andi Muhammad Ashari Makkasau, S.H., Chair of the Family of the Master of Litigation Law, Faculty of Law, UGM. The event was also attended by Prof. Dr. Marcus Priyo Budi Gunarto, S.H., M.Hum., Head of the Master of Litigation Law Program; Dr. Supriyadi, S.H., M.Hum., Secretary of the Master of Litigation Law Program; and Arlan Suruan, Corporate Communication representative of PT Freeport Indonesia.
Prof. Dr. Ari Hernawan, S.H., M.Hum. discussed economic policy and its potential conflicts within industrial relations. One of the legal issues arising from such policies concerns workforce reductions, whether through furloughs or termination of employment. Such measures cannot simply be implemented at will, as the law provides guidelines regarding the procedures and outcomes that must be followed. Any workforce rationalization must comply with the applicable regulations, with legal consequences arising from violations.
Prof. Sulistiowati, S.H., M.Hum. discussed the implications of the divestment of PT Freeport Indonesia’s shares for dividends and the appointment of directors and commissioners. Although Indonesia, through INALUM, acquired a 51% stake in PT Freeport Indonesia, this does not necessarily mean that a change in corporate control has occurred. In the mining sector, control over a company can be assessed based on the ability of shareholders to determine its financial and operational policies. Another consideration is that INALUM was viewed as not yet having the capacity to manage PT Freeport Indonesia’s operational activities.
I Gusti Agung Made Wardhana, S.H., LL.M., Ph.D. discussed how the post-divestment situation could affect PT Freeport Indonesia’s environmental protection and management practices, particularly in terms of promoting greater sustainability. He further noted that INALUM, as the shareholder manager, does not necessarily possess an environmental perspective. This is compounded by Freeport’s existing corporate practices, as reflected in its track record in responding to criticism and pressure concerning environmental issues arising from its operations.
Heribert Emayauta provided an overview of PT Freeport Indonesia’s perspective on the divestment, employment termination, strikes, and environmental management. The public discussion continued with a question-and-answer session involving PT Freeport Indonesia employees directly affected by the furlough policy, postgraduate students, legal practitioners, and academics. The event concluded with a door prize session, a group photo, and the presentation of souvenirs and certificates by Dr. Supriyadi, S.H., M.Hum., Secretary of the Master of Litigation Law Program, to the four speakers and moderator.
