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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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Monday, 24 August 15
IS CHINA'S STEEL EXPORTS ENOUGH TO SUPPORT THE FREIGHT MARKET? - BIMCO
No, it’s not enough, you will need lower Chinese iron ore production too in order to keep growing imports of iron ore into China that will su ...
Sunday, 23 August 15
SHIPPING FREIGHT RATES FALL SHARPLY ON EXCESS SUPPLY AND LOW DEMAND
COALspot.com: The BDI continued to soften and was down 5.78 pct and falls back below 1000 points this week.
The cape Index lost 17.25 per cent ...
Friday, 21 August 15
U.S. YEAR-TO-DATE COAL PRODUCTION VOLUME FALLS 8.7% Y-O-Y
COALspot.com – United States the world’s second largest coal producer has produced approximately totaled an estimated 18.3 million shor ...
Friday, 21 August 15
GLOBALCOAL TO LAUNCH ONLINE TRADING OF PHYSICAL MET COAL ON 13 OCTOBER
On 13 October 2015, globalCOAL will launch an online platform for the physical procurement and trade of high quality hard coking coal delivered FOB ...
Thursday, 20 August 15
COAL PRICES FALL TO 12-YEAR LOWS AS CHINA, INDIA JOIN DEMAND SLOWDOWN - REUTERS
Coal futures have fallen to 12-year lows, hit by soaring production and a slowdown in global buying, including from India and China which until rec ...
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- Latin American Coal - Colombia
- Bangladesh Power Developement Board
- GN Power Mariveles Coal Plant, Philippines
- Kalimantan Lumbung Energi - Indonesia
- Bhoruka Overseas - Indonesia
- PowerSource Philippines DevCo
- Sinarmas Energy and Mining - Indonesia
- Semirara Mining Corp, Philippines
- Offshore Bulk Terminal Pte Ltd, Singapore
- Kapuas Tunggal Persada - Indonesia
- Neyveli Lignite Corporation Ltd, - India
- Independent Power Producers Association of India
- Aboitiz Power Corporation - Philippines
- Australian Coal Association
- CIMB Investment Bank - Malaysia
- Orica Mining Services - Indonesia
- Marubeni Corporation - India
- Australian Commodity Traders Exchange
- Chettinad Cement Corporation Ltd - India
- London Commodity Brokers - England
- Thiess Contractors Indonesia
- Maharashtra Electricity Regulatory Commission - India
- Singapore Mercantile Exchange
- Formosa Plastics Group - Taiwan
- Bhushan Steel Limited - India
- Karbindo Abesyapradhi - Indoneisa
- Mercator Lines Limited - India
- Intertek Mineral Services - Indonesia
- Samtan Co., Ltd - South Korea
- Bank of Tokyo Mitsubishi UFJ Ltd
- Deloitte Consulting - India
- Cement Manufacturers Association - India
- Eastern Coal Council - USA
- Lanco Infratech Ltd - India
- Ind-Barath Power Infra Limited - India
- GAC Shipping (India) Pvt Ltd
- PetroVietnam Power Coal Import and Supply Company
- Savvy Resources Ltd - HongKong
- Ministry of Mines - Canada
- Alfred C Toepfer International GmbH - Germany
- Aditya Birla Group - India
- Baramulti Group, Indonesia
- San Jose City I Power Corp, Philippines
- Bulk Trading Sa - Switzerland
- Directorate Of Revenue Intelligence - India
- Meenaskhi Energy Private Limited - India
- Indogreen Group - Indonesia
- Riau Bara Harum - Indonesia
- Planning Commission, India
- Borneo Indobara - Indonesia
- Antam Resourcindo - Indonesia
- Wood Mackenzie - Singapore
- Agrawal Coal Company - India
- Edison Trading Spa - Italy
- Toyota Tsusho Corporation, Japan
- The University of Queensland
- Mintek Dendrill Indonesia
- Energy Link Ltd, New Zealand
- The State Trading Corporation of India Ltd
- Global Coal Blending Company Limited - Australia
- Electricity Authority, New Zealand
- Simpson Spence & Young - Indonesia
- Parry Sugars Refinery, India
- Banpu Public Company Limited - Thailand
- Indian Energy Exchange, India
- Posco Energy - South Korea
- Jorong Barutama Greston.PT - Indonesia
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Heidelberg Cement - Germany
- IEA Clean Coal Centre - UK
- Thai Mozambique Logistica
- Rio Tinto Coal - Australia
- Central Java Power - Indonesia
- Petron Corporation, Philippines
- SMC Global Power, Philippines
- Mercuria Energy - Indonesia
- Tata Chemicals Ltd - India
- Wilmar Investment Holdings
- Orica Australia Pty. Ltd.
- The Treasury - Australian Government
- Petrochimia International Co. Ltd.- Taiwan
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Kartika Selabumi Mining - Indonesia
- McConnell Dowell - Australia
- Merrill Lynch Commodities Europe
- MS Steel International - UAE
- Energy Development Corp, Philippines
- ICICI Bank Limited - India
- Altura Mining Limited, Indonesia
- TeaM Sual Corporation - Philippines
- Oldendorff Carriers - Singapore
- Gujarat Sidhee Cement - India
- Karaikal Port Pvt Ltd - India
- Jindal Steel & Power Ltd - India
- Interocean Group of Companies - India
- Sakthi Sugars Limited - India
- Medco Energi Mining Internasional
- White Energy Company Limited
- Sindya Power Generating Company Private Ltd
- Siam City Cement - Thailand
- Commonwealth Bank - Australia
- Cigading International Bulk Terminal - Indonesia
- IHS Mccloskey Coal Group - USA
- Dalmia Cement Bharat India
- Bukit Baiduri Energy - Indonesia
- AsiaOL BioFuels Corp., Philippines
- Gujarat Electricity Regulatory Commission - India
- Tamil Nadu electricity Board
- Semirara Mining and Power Corporation, Philippines
- Globalindo Alam Lestari - Indonesia
- Jaiprakash Power Ventures ltd
- Uttam Galva Steels Limited - India
- Central Electricity Authority - India
- Indika Energy - Indonesia
- Electricity Generating Authority of Thailand
- Madhucon Powers Ltd - India
- Maheswari Brothers Coal Limited - India
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Videocon Industries ltd - India
- Sojitz Corporation - Japan
- Billiton Holdings Pty Ltd - Australia
- Goldman Sachs - Singapore
- Pendopo Energi Batubara - Indonesia
- Kumho Petrochemical, South Korea
- Coalindo Energy - Indonesia
- Ceylon Electricity Board - Sri Lanka
- Coal and Oil Company - UAE
- Kideco Jaya Agung - Indonesia
- PNOC Exploration Corporation - Philippines
- Kobexindo Tractors - Indoneisa
- Eastern Energy - Thailand
- Essar Steel Hazira Ltd - India
- Africa Commodities Group - South Africa
- India Bulls Power Limited - India
- Salva Resources Pvt Ltd - India
- Kaltim Prima Coal - Indonesia
- Indonesian Coal Mining Association
- Economic Council, Georgia
- Bharathi Cement Corporation - India
- Vedanta Resources Plc - India
- Iligan Light & Power Inc, Philippines
- Ambuja Cements Ltd - India
- Straits Asia Resources Limited - Singapore
- Vizag Seaport Private Limited - India
- Vijayanagar Sugar Pvt Ltd - India
- Romanian Commodities Exchange
- ASAPP Information Group - India
- Directorate General of MIneral and Coal - Indonesia
- International Coal Ventures Pvt Ltd - India
- TNB Fuel Sdn Bhd - Malaysia
- Kohat Cement Company Ltd. - Pakistan
- Carbofer General Trading SA - India
- Standard Chartered Bank - UAE
- Larsen & Toubro Limited - India
- Ministry of Transport, Egypt
- Xindia Steels Limited - India
- PTC India Limited - India
- SMG Consultants - Indonesia
- Port Waratah Coal Services - Australia
- Anglo American - United Kingdom
- Holcim Trading Pte Ltd - Singapore
- Krishnapatnam Port Company Ltd. - India
- Global Green Power PLC Corporation, Philippines
- Meralco Power Generation, Philippines
- Makarim & Taira - Indonesia
- Georgia Ports Authority, United States
- SN Aboitiz Power Inc, Philippines
- Ministry of Finance - Indonesia
- Minerals Council of Australia
- Global Business Power Corporation, Philippines
- Therma Luzon, Inc, Philippines
- Star Paper Mills Limited - India
- Metalloyd Limited - United Kingdom
- Siam City Cement PLC, Thailand
- Price Waterhouse Coopers - Russia
- Barasentosa Lestari - Indonesia
- OPG Power Generation Pvt Ltd - India
- Chamber of Mines of South Africa
- New Zealand Coal & Carbon
- Bukit Asam (Persero) Tbk - Indonesia
- Coastal Gujarat Power Limited - India
- Asmin Koalindo Tuhup - Indonesia
- LBH Netherlands Bv - Netherlands
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Mjunction Services Limited - India
- Timah Investasi Mineral - Indoneisa
- Kepco SPC Power Corporation, Philippines
- Gujarat Mineral Development Corp Ltd - India
- Trasteel International SA, Italy
- Power Finance Corporation Ltd., India
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Pipit Mutiara Jaya. PT, Indonesia
- GVK Power & Infra Limited - India
- VISA Power Limited - India
- European Bulk Services B.V. - Netherlands
- Bayan Resources Tbk. - Indonesia
- Binh Thuan Hamico - Vietnam
- Bukit Makmur.PT - Indonesia
- South Luzon Thermal Energy Corporation
- Attock Cement Pakistan Limited
- Grasim Industreis Ltd - India
- Leighton Contractors Pty Ltd - Australia
- Rashtriya Ispat Nigam Limited - India
- Parliament of New Zealand
- Bahari Cakrawala Sebuku - Indonesia
- Sarangani Energy Corporation, Philippines
- CNBM International Corporation - China
- Indo Tambangraya Megah - Indonesia
- Sical Logistics Limited - India
- Manunggal Multi Energi - Indonesia
- Bhatia International Limited - India
- GMR Energy Limited - India
- Renaissance Capital - South Africa
- Sree Jayajothi Cements Limited - India
- Miang Besar Coal Terminal - Indonesia
- Malabar Cements Ltd - India
- Indian Oil Corporation Limited
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