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Wednesday, 12 August 15
REGULATION CURBS POWER OF LOCAL AUTHORITIES IN MINING SECTOR IN INDONESIA - FLORENCE G. SANTOSO
 The Indonesian Government appears to be getting serious about stripping Regents of the authority to issue mining licenses. The Government took the first steps in this direction with Minister of Energy and Mineral Resources (MEMR) Regulation No. 27 of 2013 dated September 13, 2013 regarding Procedures for the Divestment of Shares and Changes to Capital Investment in the Mineral and Coal Mining Sectors. That Regulation ordered all Regents and Governors to submit to the MEMR all mining licenses (IUPs) issued for foreign capital (PMA) companies so the IUPs could be re-issued by the MEMR. This process was to be completed before September 13, 2014, but it seems that not all Regents and Governors complied.
With the issuance of the Regional Governance Law (Law No. 23 of 2014) on October 2, 2014, it was made clearer that Regents no longer have authority to issue IUPs. Rather, the sole authority to issue IUPs for mining companies having a mining area located in just one province was vested to Governors, while the MEMR has the authority to issue licenses for mining companies having a mining area located in more than one province and for PMA mining companies.
In support of the Regional Governance Law, the Government issued Government Regulation No. 77 of 2014 (GR 77/2014) dated October 14, 2014 regarding the Third Amendment of Government Regulation No. 23 of 2010 regarding the Implementation of Mineral and Coal Mining Business. GR 77/2014 reaffirmed the requirement under MEMR 27/2013 that the MEMR reissue any IUPs previously issued by Governors and Regents to PMA mining companies. A new deadline of October 14, 2015 was set for the reissuance of the IUPs. This was reasserted in Directorate General of Minerals and Coal Circular Letter No. 01.E/30/DJB/2015 dated April 7, 2015 regarding the Change of Status of Mining Business License in the Framework of Domestic Capital Becoming Foreign Capital.
Since the issuance of the Regional Governance Law, the MEMR has issued a number of regulations curbing the authority of Regents in the mining sector. On March 4, 2015, MEMR Regulation No. 8 of 2015 was issued to amend MEMR Regulation No. 1 of 2014 regarding Increasing the Added Value of Minerals through Domestic Processing and Refining. One of the main changes under MEMR Reg No. 8 of 2015 was the revocation of the authority of Regents to issue smelter licenses (Mining Business License for Processing and Refining, or IUPOKPP) and giving that authority to Governors. Any future smelter licenses will have to be issued by the relevant Governor, though it is unclear whether smelter licenses issued by Regents prior to this Regulation would have to be reissued by Governors and whether the annual work plans and budgets of such smelter companies must be submitted to and approved by the relevant Governor or the Regent.
Despite the above rules and regulations, Regents’ authority to issue IUPs remains unchanged under the 2009 Mining Law. So, there is a conflict between the Mining Law and the Regional Governance Law. While it remains to be seen how this conflict will be resolved there is talk that the 2009 Mining Law will be amended to revoke the authority of Regents to issue IUPs.
By Florence Gracia Santoso
SSEK Indonesian Legal Consultants
 About Florence Gracia Santoso
Florence is experienced in energy, infrastructure, investment and mergers and acquisitions, and has been involved in a number of acquisitions involving industrial and trading companies.
Since joining SSEK Legal Consultants in 2010, Florence Gracia Santoso has been involved in numerous major mining transactions.
This article is intended for informational purposes only and does not constitute legal advice. This article should not be acted upon in any specific situation without appropriate legal advice.
If you believe an article violates your rights or the rights of others, please contact us.
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Friday, 28 August 15
DRY BULK SHIP OWNER OPTIMISTIC ABOUT FUTURE PROSPECTS OF THE MARKET: NIKOS ROUSSANOGLOU, HELLENIC SHIPPING NEWS
Dry bulk ship owner Golden Ocean appeared optimistic on the long term prospects of the dry bulk market, mainly thanks to an expected resolution of ...
Friday, 28 August 15
COAL PRODUCTION IN THE U.S. FOR THE WEEK ENDING AUGUST 22 ROSE FOR THE THIRD STRAIGHT WEEK
COALspot.com – United States the world’s second largest coal producer has produced approximately totaled an estimated 18.5 million shor ...
Friday, 28 August 15
BANPU STRENGTHENS GROWTH PLAN
Coal Business: Asia-Pacific Synergies Increase Competitiveness for Premium Export Market.
Banpu Public Company Limited (BANPU) strengthens its ...
Thursday, 27 August 15
RATES FOR CAPES REMAINED ON A FREE FALL LAST WEEK - INTERMODAL
COALspot.com: Keeping everyone on their toes with the volatility seen in August, the Dry Bulk market undoubtedly remains a steady provider of chall ...
Wednesday, 26 August 15
MARKET INSIGHT - STRATOS TINIAKOS
It’s always interesting to comment on the market when big economies around the world are facing troubling times. Following the collapse of th ...
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- South Luzon Thermal Energy Corporation
- SMG Consultants - Indonesia
- Maheswari Brothers Coal Limited - India
- Interocean Group of Companies - India
- Kumho Petrochemical, South Korea
- Sree Jayajothi Cements Limited - India
- Heidelberg Cement - Germany
- Krishnapatnam Port Company Ltd. - India
- Kideco Jaya Agung - Indonesia
- Oldendorff Carriers - Singapore
- Barasentosa Lestari - Indonesia
- Parry Sugars Refinery, India
- Ind-Barath Power Infra Limited - India
- Australian Commodity Traders Exchange
- Offshore Bulk Terminal Pte Ltd, Singapore
- Indonesian Coal Mining Association
- Manunggal Multi Energi - Indonesia
- Ceylon Electricity Board - Sri Lanka
- Cigading International Bulk Terminal - Indonesia
- Kohat Cement Company Ltd. - Pakistan
- Latin American Coal - Colombia
- Standard Chartered Bank - UAE
- Goldman Sachs - Singapore
- Indogreen Group - Indonesia
- Vizag Seaport Private Limited - India
- Port Waratah Coal Services - Australia
- ASAPP Information Group - India
- Agrawal Coal Company - India
- Ministry of Mines - Canada
- Posco Energy - South Korea
- Pendopo Energi Batubara - Indonesia
- Merrill Lynch Commodities Europe
- SN Aboitiz Power Inc, Philippines
- Lanco Infratech Ltd - India
- Grasim Industreis Ltd - India
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Energy Link Ltd, New Zealand
- PetroVietnam Power Coal Import and Supply Company
- Economic Council, Georgia
- Rio Tinto Coal - Australia
- Formosa Plastics Group - Taiwan
- Indo Tambangraya Megah - Indonesia
- Banpu Public Company Limited - Thailand
- India Bulls Power Limited - India
- Romanian Commodities Exchange
- Sinarmas Energy and Mining - Indonesia
- Directorate General of MIneral and Coal - Indonesia
- Therma Luzon, Inc, Philippines
- Antam Resourcindo - Indonesia
- Alfred C Toepfer International GmbH - Germany
- Chamber of Mines of South Africa
- Aditya Birla Group - India
- Global Coal Blending Company Limited - Australia
- Sojitz Corporation - Japan
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Carbofer General Trading SA - India
- Karbindo Abesyapradhi - Indoneisa
- Commonwealth Bank - Australia
- San Jose City I Power Corp, Philippines
- Georgia Ports Authority, United States
- Uttam Galva Steels Limited - India
- Bahari Cakrawala Sebuku - Indonesia
- Makarim & Taira - Indonesia
- Simpson Spence & Young - Indonesia
- The State Trading Corporation of India Ltd
- GMR Energy Limited - India
- Jaiprakash Power Ventures ltd
- PNOC Exploration Corporation - Philippines
- OPG Power Generation Pvt Ltd - India
- Mercuria Energy - Indonesia
- GVK Power & Infra Limited - India
- Billiton Holdings Pty Ltd - Australia
- Malabar Cements Ltd - India
- Indian Energy Exchange, India
- Bank of Tokyo Mitsubishi UFJ Ltd
- Intertek Mineral Services - Indonesia
- Maharashtra Electricity Regulatory Commission - India
- LBH Netherlands Bv - Netherlands
- Larsen & Toubro Limited - India
- Africa Commodities Group - South Africa
- Siam City Cement - Thailand
- Chettinad Cement Corporation Ltd - India
- Directorate Of Revenue Intelligence - India
- Dalmia Cement Bharat India
- CIMB Investment Bank - Malaysia
- Kepco SPC Power Corporation, Philippines
- Singapore Mercantile Exchange
- IHS Mccloskey Coal Group - USA
- Salva Resources Pvt Ltd - India
- Coastal Gujarat Power Limited - India
- Essar Steel Hazira Ltd - India
- Bharathi Cement Corporation - India
- Electricity Authority, New Zealand
- Jorong Barutama Greston.PT - Indonesia
- Trasteel International SA, Italy
- Gujarat Mineral Development Corp Ltd - India
- Anglo American - United Kingdom
- Orica Australia Pty. Ltd.
- Kapuas Tunggal Persada - Indonesia
- GAC Shipping (India) Pvt Ltd
- Holcim Trading Pte Ltd - Singapore
- Global Green Power PLC Corporation, Philippines
- Indika Energy - Indonesia
- TNB Fuel Sdn Bhd - Malaysia
- Sical Logistics Limited - India
- Asmin Koalindo Tuhup - Indonesia
- Xindia Steels Limited - India
- London Commodity Brokers - England
- Mercator Lines Limited - India
- Planning Commission, India
- Altura Mining Limited, Indonesia
- PowerSource Philippines DevCo
- Orica Mining Services - Indonesia
- Semirara Mining and Power Corporation, Philippines
- Karaikal Port Pvt Ltd - India
- Toyota Tsusho Corporation, Japan
- Tamil Nadu electricity Board
- Sindya Power Generating Company Private Ltd
- Vedanta Resources Plc - India
- Ambuja Cements Ltd - India
- Thiess Contractors Indonesia
- Madhucon Powers Ltd - India
- Petron Corporation, Philippines
- Neyveli Lignite Corporation Ltd, - India
- Thai Mozambique Logistica
- Globalindo Alam Lestari - Indonesia
- Kaltim Prima Coal - Indonesia
- Siam City Cement PLC, Thailand
- IEA Clean Coal Centre - UK
- Coalindo Energy - Indonesia
- Metalloyd Limited - United Kingdom
- Bukit Makmur.PT - Indonesia
- Tata Chemicals Ltd - India
- Pipit Mutiara Jaya. PT, Indonesia
- Samtan Co., Ltd - South Korea
- Minerals Council of Australia
- Coal and Oil Company - UAE
- Central Java Power - Indonesia
- Global Business Power Corporation, Philippines
- International Coal Ventures Pvt Ltd - India
- Bhoruka Overseas - Indonesia
- Price Waterhouse Coopers - Russia
- Gujarat Sidhee Cement - India
- AsiaOL BioFuels Corp., Philippines
- The University of Queensland
- Bukit Asam (Persero) Tbk - Indonesia
- GN Power Mariveles Coal Plant, Philippines
- Vijayanagar Sugar Pvt Ltd - India
- Energy Development Corp, Philippines
- Rashtriya Ispat Nigam Limited - India
- Cement Manufacturers Association - India
- ICICI Bank Limited - India
- Indian Oil Corporation Limited
- Sarangani Energy Corporation, Philippines
- Attock Cement Pakistan Limited
- The Treasury - Australian Government
- Leighton Contractors Pty Ltd - Australia
- SMC Global Power, Philippines
- Medco Energi Mining Internasional
- Miang Besar Coal Terminal - Indonesia
- Wilmar Investment Holdings
- Kartika Selabumi Mining - Indonesia
- Australian Coal Association
- Meenaskhi Energy Private Limited - India
- Eastern Coal Council - USA
- Edison Trading Spa - Italy
- Parliament of New Zealand
- Bhatia International Limited - India
- Aboitiz Power Corporation - Philippines
- Electricity Generating Authority of Thailand
- Savvy Resources Ltd - HongKong
- Bangladesh Power Developement Board
- Bayan Resources Tbk. - Indonesia
- Borneo Indobara - Indonesia
- Gujarat Electricity Regulatory Commission - India
- Wood Mackenzie - Singapore
- New Zealand Coal & Carbon
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Kalimantan Lumbung Energi - Indonesia
- Mintek Dendrill Indonesia
- Straits Asia Resources Limited - Singapore
- McConnell Dowell - Australia
- Jindal Steel & Power Ltd - India
- Timah Investasi Mineral - Indoneisa
- Renaissance Capital - South Africa
- Star Paper Mills Limited - India
- Ministry of Finance - Indonesia
- Central Electricity Authority - India
- Bulk Trading Sa - Switzerland
- Mjunction Services Limited - India
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Independent Power Producers Association of India
- Kobexindo Tractors - Indoneisa
- Baramulti Group, Indonesia
- Binh Thuan Hamico - Vietnam
- MS Steel International - UAE
- European Bulk Services B.V. - Netherlands
- CNBM International Corporation - China
- Iligan Light & Power Inc, Philippines
- Petrochimia International Co. Ltd.- Taiwan
- Deloitte Consulting - India
- Semirara Mining Corp, Philippines
- Videocon Industries ltd - India
- Riau Bara Harum - Indonesia
- Power Finance Corporation Ltd., India
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Bhushan Steel Limited - India
- PTC India Limited - India
- White Energy Company Limited
- Meralco Power Generation, Philippines
- Ministry of Transport, Egypt
- Bukit Baiduri Energy - Indonesia
- VISA Power Limited - India
- Sakthi Sugars Limited - India
- Marubeni Corporation - India
- Eastern Energy - Thailand
- TeaM Sual Corporation - Philippines
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