Waiting for Seriousness in Revealing the Smelter Explosion Case in Morowali
The slow pace of investigating the smelter explosion case in Morowali which killed 21 people has called into question the seriousness of the police.
This article has been translated using AI. See Original .
About AI Translated Article
Please note that this article was automatically translated using Microsoft Azure AI, Open AI, and Google Translation AI. We cannot ensure that the entire content is translated accurately. If you spot any errors or inconsistencies, contact us at hotline@kompas.id, and we'll make every effort to address them. Thank you for your understanding.
The following article was translated using both Microsoft Azure Open AI and Google Translation AI. The original article can be found in Menanti Keseriusan Mengungkap Kasus Ledakan Smelter di Morowali
/https%3A%2F%2Fasset.kgnewsroom.com%2Fphoto%2Fpre%2F2023%2F12%2F28%2F18cf0a62-e565-4803-befa-02384e3de357_jpeg.jpg){kind=logo}
Workers cross the road in front of the PT IMIP industrial estate in Morowali, Central Sulawesi, on Thursday (28/12/2023). Tens of thousands of workers are accommodated in this largest nickel company in Central Sulawesi.
More than a month after the smelter explosion at PT Indonesia Tsingshan Stainless Steel which killed 21 workers, there is no clarity on the investigation process. In fact, the police have raised the status to investigation since early January 2024, continuing to hold the case closed. So far, no one has been named a suspect.
A massive explosion occurred in the smelter furnace at PT Indonesia Tsingshan Stainless Steel (ITSS), one of the companies operating in the Morowali Industrial Park (IMIP) of Indonesia on Sunday (24/12/2023). The incident caused the death of 21 people and left dozens injured.
At that time, Media Relations Head of PT IMIP Dedy Kurniawan said that the incident occurred because there was residual slag or metal smelting dregs in the furnace. At the same time, workers carry out repairs and maintenance of the furnace.
After the incident, the police investigate the case intensively. A total of 27 people were interrogated in relation to the initial investigation. These witnesses consisted of management, employees, victims, as well as two expert witnesses, namely a labor expert and a criminal expert.
On Wednesday (1/3/2024), a closed case hearing was held at the Central Sulawesi Police Headquarters. Following the hearing, the police elevated the investigation status to criminal investigation. However, there has been no suspect determination.
The Head of Public Relations at the Central Sulawesi Regional Police, Commissioner Djoko Wienartono, stated that in the initial investigation, no suspect has been named. The reason for this is that the police still require further investigation. Additional evidence and other leads, including more witnesses, will also be sought. Allegations of violations of operational standards are also being explored.
"With the advancement of the investigation status to prosecution, the examination of witnesses in the examination report has become pro-justice," he said on Wednesday (24/1/2024).
Also read: Investigating the Morowali Smelter Explosion Case, Police Have Not Yet Determined the Suspect
Head of Public Relations of the Central Sulawesi Regional Police, Commissioner Djoko Wienartono, held a press conference at the Sulteng Police Headquarters on Wednesday (3/1/2024).
Professor of Law at Hasanuddin University, Prof Amir Ilyas, believes that during the investigation phase, the investigator should identify a suspect. "As when it's raised to the investigation stage, it means that there has been a criminal act in the case," he said on Thursday (25/1/2024).
In enforcing the law in this case, according to Amir, the criminal liability could extend to the company's management. This is done by applying Article 359 and Article 360 of the Criminal Code (KUHP). The application of these articles is based on the company's management negligence in implementing occupational safety and health (OSH) in their company.
In various cases of worker accidents in companies, the provisions of Law Number 13 of 2003 concerning Manpower can also be used. However, Amir believes that this provision is more biased towards the company rather than the workers themselves.
"The Law No. 13/2003 can be said to prioritize administrative sanctions rather than criminal charges for companies that do not implement occupational health and safety," he said.
Prof Dr Amir Ilyas, Professor of Law at Hasanuddin University.
In cases of occupational safety and health negligence, it is often difficult to prove the involvement of company leaders. Often, only field workers are blamed and scapegoated for various reasons, including human error. However, in the case of the explosion at PT ITSS' furnace, investigators have several factors to consider.
"In the case of PT ITSS, it is suspected that they do not have a K3 management system certificate. However, PT ITSS is a company with more than 100 employees (PP No 50/2012). In addition, it turns out that eight furnaces owned by PT ITSS do not have feasible test certificates from the Ministry of Manpower," he said.
Also read: Government Urged to Form Independent Investigation Team for Smelter Explosion in Morowali
The absence of a K3 management system and the approval test for the furnace, according to Amir, should be reviewed by investigators if they are truly serious about bringing corporate leaders to criminal prosecution for worker protection.
Eight furnaces owned by PT ITSS were found to have no certificate of feasibility testing from the Ministry of Manpower.
Infographics of the Indonesian Industrial Area Morowali Industrial Park (IMIP)
Violate procedures
While the police still said they would investigate allegations of violations of operational standards, the Ministry of Industry stated that they had discovered violations of work procedures in the case of the smelter explosion at PT ITSS. These violations included the replacement of foreign workers who were not in accordance with the contract and who could not speak Indonesian at all (Kompas, 4/1/2024).
Also read: Minister of Industry: Morowali Smelter Violates Procedures
Minister of Industry Agus Gumiwang Kartasasmita said that the violations make communication and work coordination difficult. This situation ultimately leads to operations that are not in accordance with procedures, thus causing work accidents.
"There are processes for the replacement of foreign workers that do not go according to their contract. They are new workers who do not yet understand Indonesian culture and language, thus not optimal in coordination and communication," said Agus in Jakarta on Wednesday (3/1/2024)."
He also said that long before the explosion that occurred in late December, his team had already combed through the operations of the smelters, which are foreign direct investment (FDI) from China, for supervision and operational control.
/https%3A%2F%2Fasset.kgnewsroom.com%2Fphoto%2Fpre%2F2023%2F12%2F28%2F4dd85c77-3e7c-4a7b-b34e-d1e42de5c547_jpeg.jpg){kind=logo}
The atmosphere on the road in front of the nickel industry area of PT IMIP in Morowali, Central Sulawesi, Thursday (28/12/2023). Tens of thousands of workers are housed in this company.
Since November, the Ministry of Industry has taken steps to uncover many workplace procedural violations that could potentially lead to operational violations causing workplace accidents.
Keep repeating
Workplace accidents in the mining industry in Morowali, even among workers and residents in the vicinity, are considered nothing new. Incidents, whether small or big, happen at any given moment.
Also read: Smelter furnace in Morowali catches fire, work accidents continue to happen
"Basically, whenever there is another sound of an ambulance in Bahodopi, there is usually another incident. It has happened frequently," said a local resident of Bahodopi who requested to remain anonymous."
At the end of last December alone, in one week, there were three work accidents. It started with an explosion in the smelter furnace in the PT ITSS area, Sunday (24/12/2023) at around 05.30 WITA. The explosion is believed to have been triggered by residual slag that was still in the furnace. A total of 21 workers died and dozens more were injured.
/https%3A%2F%2Fasset.kgnewsroom.com%2Fphoto%2Fpre%2F2023%2F12%2F27%2F9e6af667-81be-4238-ae40-754629b303db_jpeg.jpg){kind=logo}
Lataha (28), one of the victims of the explosion at the smelter furnace of PT Indonesia Tsingshan Stainless Steel (ITSS) in Morowali, Central Sulawesi, is still being treated at the Morowali Regional Hospital on Wednesday (December 27, 2023).
The next incident was a fire at the smelter of PT Gunbuster Nickel Industry on Thursday (28/12/2023) at 5:20 pm Wita. The fire occurred on the second floor of the third line of PT GNI in Bunta Village, East Petasia District, North Morowali. There were no casualties in this incident.
At the end of the year, another incident occurred at the mining company PT Sumber Permata Mineral in East Petasia, North Morowali, on Saturday (30/12/2023). This incident resulted in two workers being buried to death.
Another accident has occurred in the IMIP area on Friday (19/1/2024) evening. At that time, the smelter furnace at PT Sulawesi Mining Investment overflowed. Two workers were injured.
From that series of cases, the public is highlighting a work accident case at PT ITSS that resulted in quite a few fatalities. Moreover, a month after the investigation was carried out, the police have yet to name a suspect.
Also read: Police Have Name of Suspect in Morowali Smelter Explosion
/https%3A%2F%2Fasset.kgnewsroom.com%2Fphoto%2Fpre%2F2023%2F12%2F31%2Fee1d32ac-45bb-4920-8755-8da6132c9932_jpeg.jpg){kind=logo}
The Chief of Central Sulawesi Regional Police Inspector General Agus Nugroho provided information regarding the development of the smelter explosion case on Sunday (31/12/2023) at Central Sulawesi Regional Police Headquarters in Palu.
Kompas's request for an interview and questions from the Head of the Central Sulawesi Regional Police, Inspector General Agus Nugroho regarding the follow-up to the investigation, have not been responded to since two weeks ago. Likewise with the Head of Public Relations of the Central Sulawesi Regional Police.
Meanwhile, Morowali Chief of Police Commissioner Suprianto said that the investigation is still in progress. "It's still ongoing. The determination of suspects has not been carried out. Investigators are still completing the examination, including expert witnesses," he said.
Apart from that, Amir Ilyas hopes that the handling of this case will prioritize the law in terms of goals and justice. It is hoped that law enforcement will not be degraded by criminal provisions that are lex specialist in nature
"Often with provisions that the lex generalist must accept as the main law. (This) is for the sake of proportional criminal liability for a corporate policy that ignores the safety and health of its workers," he said.
