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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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Tuesday, 11 August 15
GLOBAL PRODUCTION OF CRUDE STEEL REACHED A NEW ALL-TIME HIGH OF 1,661M TONNES IN 2014 - VDKI
COALpot.com: Global production of crude steel reached a new all-time high of 1,661m tonnes in 2014, said German Coal Importer Association, in its l ...
Tuesday, 11 August 15
2016 CFR S.CHINA COAL SWAPS CLOSED SLIGHTLY HIGHER THAN 4Q 2015 CLOSING PRICES; BUT NOT SIGNIFICANT
COALspot.com: API 8 CFR South China Coal swap for 4Q’ 2015 delivery declined just US cents 10 (0.20%) per MT month over month.
A commodi ...
Monday, 10 August 15
SOUTH KOREAN UTILITY KOMIPO INVITES BITUMINOUS COAL BIDS FOR BORYEONG POWER PLANT
COALspot.com: South Korean state-owned utility Korea Midland Power (KOMIPO) issued an new tender for 560,000 Metric Tons (MT) of 4,600kcal/kg NAR c ...
Sunday, 09 August 15
THE PANAMAX MARKET HAS REMAINED WEAK THIS WEEK
COALspot.com: The freight market continued to be buoyant with cape index pushing the BDI.
The BDI was up 10.49% and closed at 1200 points on 7 ...
Friday, 07 August 15
COAL PRICE DEVELOPMENTS CAN ONLY BE DESCRIBED, SUCCINCTLY AS "OVERSUPPLY MEETS SUBDUED DEMAND" - VDKI
Coal Outlook 2015 – International
Regarding the outlook for global coal trading, two questions arise: firstly, “ whether the years of ...
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- Formosa Plastics Group - Taiwan
- Coastal Gujarat Power Limited - India
- Heidelberg Cement - Germany
- Parliament of New Zealand
- Antam Resourcindo - Indonesia
- Rashtriya Ispat Nigam Limited - India
- London Commodity Brokers - England
- Bukit Makmur.PT - Indonesia
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Power Finance Corporation Ltd., India
- Banpu Public Company Limited - Thailand
- Global Green Power PLC Corporation, Philippines
- Tamil Nadu electricity Board
- Independent Power Producers Association of India
- Orica Australia Pty. Ltd.
- Kepco SPC Power Corporation, Philippines
- Marubeni Corporation - India
- Videocon Industries ltd - India
- Medco Energi Mining Internasional
- Karaikal Port Pvt Ltd - India
- Mintek Dendrill Indonesia
- Jindal Steel & Power Ltd - India
- LBH Netherlands Bv - Netherlands
- Kumho Petrochemical, South Korea
- Bayan Resources Tbk. - Indonesia
- Thai Mozambique Logistica
- Dalmia Cement Bharat India
- Oldendorff Carriers - Singapore
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- Sarangani Energy Corporation, Philippines
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- Karbindo Abesyapradhi - Indoneisa
- Ministry of Transport, Egypt
- Indogreen Group - Indonesia
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- Bank of Tokyo Mitsubishi UFJ Ltd
- GN Power Mariveles Coal Plant, Philippines
- Thiess Contractors Indonesia
- Vizag Seaport Private Limited - India
- Central Electricity Authority - India
- Madhucon Powers Ltd - India
- Sojitz Corporation - Japan
- Binh Thuan Hamico - Vietnam
- Krishnapatnam Port Company Ltd. - India
- Rio Tinto Coal - Australia
- Bhatia International Limited - India
- Wood Mackenzie - Singapore
- Kideco Jaya Agung - Indonesia
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Gujarat Electricity Regulatory Commission - India
- Ministry of Finance - Indonesia
- Coal and Oil Company - UAE
- Global Business Power Corporation, Philippines
- Agrawal Coal Company - India
- Carbofer General Trading SA - India
- Larsen & Toubro Limited - India
- TNB Fuel Sdn Bhd - Malaysia
- Bhushan Steel Limited - India
- New Zealand Coal & Carbon
- Posco Energy - South Korea
- PTC India Limited - India
- Orica Mining Services - Indonesia
- ICICI Bank Limited - India
- Samtan Co., Ltd - South Korea
- Parry Sugars Refinery, India
- Chamber of Mines of South Africa
- Savvy Resources Ltd - HongKong
- Sakthi Sugars Limited - India
- Toyota Tsusho Corporation, Japan
- Makarim & Taira - Indonesia
- CIMB Investment Bank - Malaysia
- Planning Commission, India
- Neyveli Lignite Corporation Ltd, - India
- Merrill Lynch Commodities Europe
- Trasteel International SA, Italy
- Gujarat Sidhee Cement - India
- Salva Resources Pvt Ltd - India
- Kapuas Tunggal Persada - Indonesia
- Altura Mining Limited, Indonesia
- Directorate General of MIneral and Coal - Indonesia
- Bhoruka Overseas - Indonesia
- SMC Global Power, Philippines
- Economic Council, Georgia
- Pendopo Energi Batubara - Indonesia
- Leighton Contractors Pty Ltd - Australia
- Vijayanagar Sugar Pvt Ltd - India
- Coalindo Energy - Indonesia
- Globalindo Alam Lestari - Indonesia
- Aditya Birla Group - India
- Gujarat Mineral Development Corp Ltd - India
- Singapore Mercantile Exchange
- San Jose City I Power Corp, Philippines
- VISA Power Limited - India
- Australian Coal Association
- Kartika Selabumi Mining - Indonesia
- Sree Jayajothi Cements Limited - India
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- Sindya Power Generating Company Private Ltd
- Kohat Cement Company Ltd. - Pakistan
- Maheswari Brothers Coal Limited - India
- Jorong Barutama Greston.PT - Indonesia
- Pipit Mutiara Jaya. PT, Indonesia
- Mjunction Services Limited - India
- Bangladesh Power Developement Board
- The University of Queensland
- Africa Commodities Group - South Africa
- Simpson Spence & Young - Indonesia
- Ceylon Electricity Board - Sri Lanka
- Siam City Cement - Thailand
- The Treasury - Australian Government
- MS Steel International - UAE
- Directorate Of Revenue Intelligence - India
- Essar Steel Hazira Ltd - India
- Australian Commodity Traders Exchange
- Iligan Light & Power Inc, Philippines
- Vedanta Resources Plc - India
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Maharashtra Electricity Regulatory Commission - India
- Meenaskhi Energy Private Limited - India
- Metalloyd Limited - United Kingdom
- Bharathi Cement Corporation - India
- Grasim Industreis Ltd - India
- Sical Logistics Limited - India
- Alfred C Toepfer International GmbH - Germany
- Chettinad Cement Corporation Ltd - India
- Cement Manufacturers Association - India
- South Luzon Thermal Energy Corporation
- White Energy Company Limited
- Kaltim Prima Coal - Indonesia
- GMR Energy Limited - India
- OPG Power Generation Pvt Ltd - India
- European Bulk Services B.V. - Netherlands
- Romanian Commodities Exchange
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Jaiprakash Power Ventures ltd
- CNBM International Corporation - China
- Latin American Coal - Colombia
- Central Java Power - Indonesia
- Straits Asia Resources Limited - Singapore
- IEA Clean Coal Centre - UK
- Eastern Coal Council - USA
- Electricity Generating Authority of Thailand
- Asmin Koalindo Tuhup - Indonesia
- Petrochimia International Co. Ltd.- Taiwan
- Xindia Steels Limited - India
- Ministry of Mines - Canada
- Aboitiz Power Corporation - Philippines
- AsiaOL BioFuels Corp., Philippines
- Electricity Authority, New Zealand
- Attock Cement Pakistan Limited
- Mercuria Energy - Indonesia
- Intertek Mineral Services - Indonesia
- Bahari Cakrawala Sebuku - Indonesia
- Therma Luzon, Inc, Philippines
- The State Trading Corporation of India Ltd
- SMG Consultants - Indonesia
- Siam City Cement PLC, Thailand
- Miang Besar Coal Terminal - Indonesia
- Minerals Council of Australia
- Semirara Mining and Power Corporation, Philippines
- Price Waterhouse Coopers - Russia
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Mercator Lines Limited - India
- Energy Link Ltd, New Zealand
- Timah Investasi Mineral - Indoneisa
- Wilmar Investment Holdings
- Barasentosa Lestari - Indonesia
- PNOC Exploration Corporation - Philippines
- GAC Shipping (India) Pvt Ltd
- Indika Energy - Indonesia
- Port Waratah Coal Services - Australia
- Manunggal Multi Energi - Indonesia
- Renaissance Capital - South Africa
- Indian Energy Exchange, India
- Eastern Energy - Thailand
- Anglo American - United Kingdom
- Cigading International Bulk Terminal - Indonesia
- Bukit Baiduri Energy - Indonesia
- Interocean Group of Companies - India
- TeaM Sual Corporation - Philippines
- Baramulti Group, Indonesia
- Tata Chemicals Ltd - India
- Star Paper Mills Limited - India
- Commonwealth Bank - Australia
- ASAPP Information Group - India
- International Coal Ventures Pvt Ltd - India
- Georgia Ports Authority, United States
- Meralco Power Generation, Philippines
- IHS Mccloskey Coal Group - USA
- Indo Tambangraya Megah - Indonesia
- Petron Corporation, Philippines
- Goldman Sachs - Singapore
- Holcim Trading Pte Ltd - Singapore
- Standard Chartered Bank - UAE
- Ambuja Cements Ltd - India
- Sinarmas Energy and Mining - Indonesia
- McConnell Dowell - Australia
- PowerSource Philippines DevCo
- Borneo Indobara - Indonesia
- GVK Power & Infra Limited - India
- Indonesian Coal Mining Association
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- Offshore Bulk Terminal Pte Ltd, Singapore
- Bulk Trading Sa - Switzerland
- Energy Development Corp, Philippines
- Kobexindo Tractors - Indoneisa
- Global Coal Blending Company Limited - Australia
- Semirara Mining Corp, Philippines
- Uttam Galva Steels Limited - India
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