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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, 07 August 15
U.S. YEAR-TO-DATE COAL PRODUCTION TOTALED 528.1 MMST; DOWN 8.7% Y/Y - EIA
COALspot.com – United States the world’s second largest coal producer has produced approximately totaled an estimated 17.7 million shor ...
Thursday, 06 August 15
THE RATES FOR CAPES SHOOT UP LAST WEEK; GIVING THIS RECENT RALLY SOME MUCH NEEDED LEGS - INTERMODAL
COALspot.com: The Dry Bulk market noted another positive closing last week, entirely supported by Capesize performance, which managed to balance th ...
Thursday, 06 August 15
HARD COAL AND COKE IMPORTS TO GERMANY REACH NEW ALL-TIME HIGH OF 56.2M TONES IN 2014
Demand for German and imported hard coal In 2014, in 2014 fell by almost 8%, or 4.8m TCE, to 56.2m TCE.
According to German Coal Importer ...
Thursday, 06 August 15
SEABORNE WORLD TRADE IN STEAM COAL GROWS BY 3% YOY - GERMAN COAL IMPORTER ASSOCIATION
Global trade with hard coal, at 1,272m tones in 2014, increased by 35m tonnes or 3% in comparison with the previous year.
According to associa ...
Wednesday, 05 August 15
SHIPPING MARKET INSIGHT - KATERINA RESTIS
On July 14th, 2015 a historical consensus was reached in Vienna between Iran and the five permanent members of the U.N. Security Council, plus Germ ...
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- Bhoruka Overseas - Indonesia
- Altura Mining Limited, Indonesia
- Global Coal Blending Company Limited - Australia
- Economic Council, Georgia
- Krishnapatnam Port Company Ltd. - India
- PowerSource Philippines DevCo
- Ind-Barath Power Infra Limited - India
- Jorong Barutama Greston.PT - Indonesia
- Siam City Cement - Thailand
- Kaltim Prima Coal - Indonesia
- The State Trading Corporation of India Ltd
- Gujarat Sidhee Cement - India
- Orica Mining Services - Indonesia
- India Bulls Power Limited - India
- IEA Clean Coal Centre - UK
- Tata Chemicals Ltd - India
- Larsen & Toubro Limited - India
- Bhatia International Limited - India
- ASAPP Information Group - India
- Intertek Mineral Services - Indonesia
- Planning Commission, India
- Salva Resources Pvt Ltd - India
- Romanian Commodities Exchange
- International Coal Ventures Pvt Ltd - India
- Indian Oil Corporation Limited
- Oldendorff Carriers - Singapore
- Marubeni Corporation - India
- Indogreen Group - Indonesia
- London Commodity Brokers - England
- Kobexindo Tractors - Indoneisa
- Thiess Contractors Indonesia
- Alfred C Toepfer International GmbH - Germany
- AsiaOL BioFuels Corp., Philippines
- Anglo American - United Kingdom
- Holcim Trading Pte Ltd - Singapore
- Tamil Nadu electricity Board
- Indika Energy - Indonesia
- Georgia Ports Authority, United States
- PNOC Exploration Corporation - Philippines
- Coastal Gujarat Power Limited - India
- Ceylon Electricity Board - Sri Lanka
- Global Green Power PLC Corporation, Philippines
- Sarangani Energy Corporation, Philippines
- San Jose City I Power Corp, Philippines
- TNB Fuel Sdn Bhd - Malaysia
- Aditya Birla Group - India
- Sakthi Sugars Limited - India
- Rio Tinto Coal - Australia
- Agrawal Coal Company - India
- Jaiprakash Power Ventures ltd
- Madhucon Powers Ltd - India
- Kalimantan Lumbung Energi - Indonesia
- Karbindo Abesyapradhi - Indoneisa
- GMR Energy Limited - India
- Cement Manufacturers Association - India
- Minerals Council of Australia
- Energy Development Corp, Philippines
- Power Finance Corporation Ltd., India
- Ministry of Transport, Egypt
- Port Waratah Coal Services - Australia
- Bayan Resources Tbk. - Indonesia
- Mjunction Services Limited - India
- Formosa Plastics Group - Taiwan
- Grasim Industreis Ltd - India
- Directorate Of Revenue Intelligence - India
- Straits Asia Resources Limited - Singapore
- Aboitiz Power Corporation - Philippines
- Eastern Energy - Thailand
- Samtan Co., Ltd - South Korea
- Vedanta Resources Plc - India
- SMG Consultants - Indonesia
- Chettinad Cement Corporation Ltd - India
- Orica Australia Pty. Ltd.
- Mintek Dendrill Indonesia
- Toyota Tsusho Corporation, Japan
- Therma Luzon, Inc, Philippines
- OPG Power Generation Pvt Ltd - India
- Petrochimia International Co. Ltd.- Taiwan
- Vizag Seaport Private Limited - India
- Africa Commodities Group - South Africa
- Kartika Selabumi Mining - Indonesia
- PetroVietnam Power Coal Import and Supply Company
- Siam City Cement PLC, Thailand
- IHS Mccloskey Coal Group - USA
- Central Electricity Authority - India
- LBH Netherlands Bv - Netherlands
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Singapore Mercantile Exchange
- White Energy Company Limited
- Manunggal Multi Energi - Indonesia
- Heidelberg Cement - Germany
- Malabar Cements Ltd - India
- Central Java Power - Indonesia
- Miang Besar Coal Terminal - Indonesia
- Borneo Indobara - Indonesia
- Thai Mozambique Logistica
- Parry Sugars Refinery, India
- Chamber of Mines of South Africa
- Sree Jayajothi Cements Limited - India
- Kumho Petrochemical, South Korea
- Wilmar Investment Holdings
- Carbofer General Trading SA - India
- Essar Steel Hazira Ltd - India
- Global Business Power Corporation, Philippines
- Dalmia Cement Bharat India
- Indonesian Coal Mining Association
- Rashtriya Ispat Nigam Limited - India
- MS Steel International - UAE
- Electricity Authority, New Zealand
- Renaissance Capital - South Africa
- Timah Investasi Mineral - Indoneisa
- Cigading International Bulk Terminal - Indonesia
- CNBM International Corporation - China
- Kapuas Tunggal Persada - Indonesia
- Uttam Galva Steels Limited - India
- European Bulk Services B.V. - Netherlands
- Eastern Coal Council - USA
- Karaikal Port Pvt Ltd - India
- Kohat Cement Company Ltd. - Pakistan
- SN Aboitiz Power Inc, Philippines
- Directorate General of MIneral and Coal - Indonesia
- Commonwealth Bank - Australia
- Sical Logistics Limited - India
- Binh Thuan Hamico - Vietnam
- GVK Power & Infra Limited - India
- Latin American Coal - Colombia
- Edison Trading Spa - Italy
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Australian Coal Association
- Sindya Power Generating Company Private Ltd
- Metalloyd Limited - United Kingdom
- Barasentosa Lestari - Indonesia
- Banpu Public Company Limited - Thailand
- GAC Shipping (India) Pvt Ltd
- Makarim & Taira - Indonesia
- Trasteel International SA, Italy
- Meralco Power Generation, Philippines
- Merrill Lynch Commodities Europe
- Leighton Contractors Pty Ltd - Australia
- SMC Global Power, Philippines
- Billiton Holdings Pty Ltd - Australia
- Bukit Asam (Persero) Tbk - Indonesia
- Bank of Tokyo Mitsubishi UFJ Ltd
- Indo Tambangraya Megah - Indonesia
- Jindal Steel & Power Ltd - India
- Offshore Bulk Terminal Pte Ltd, Singapore
- Lanco Infratech Ltd - India
- Pendopo Energi Batubara - Indonesia
- Price Waterhouse Coopers - Russia
- TeaM Sual Corporation - Philippines
- VISA Power Limited - India
- Mercator Lines Limited - India
- CIMB Investment Bank - Malaysia
- Videocon Industries ltd - India
- PTC India Limited - India
- Wood Mackenzie - Singapore
- Asmin Koalindo Tuhup - Indonesia
- Energy Link Ltd, New Zealand
- Semirara Mining and Power Corporation, Philippines
- Bulk Trading Sa - Switzerland
- Xindia Steels Limited - India
- Bukit Baiduri Energy - Indonesia
- Baramulti Group, Indonesia
- Gujarat Mineral Development Corp Ltd - India
- The University of Queensland
- Semirara Mining Corp, Philippines
- Kepco SPC Power Corporation, Philippines
- New Zealand Coal & Carbon
- Meenaskhi Energy Private Limited - India
- Antam Resourcindo - Indonesia
- Kideco Jaya Agung - Indonesia
- Bharathi Cement Corporation - India
- Bhushan Steel Limited - India
- Simpson Spence & Young - Indonesia
- Attock Cement Pakistan Limited
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Star Paper Mills Limited - India
- Pipit Mutiara Jaya. PT, Indonesia
- The Treasury - Australian Government
- Goldman Sachs - Singapore
- Neyveli Lignite Corporation Ltd, - India
- Gujarat Electricity Regulatory Commission - India
- Medco Energi Mining Internasional
- Coalindo Energy - Indonesia
- Bahari Cakrawala Sebuku - Indonesia
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Sinarmas Energy and Mining - Indonesia
- Electricity Generating Authority of Thailand
- Coal and Oil Company - UAE
- Maharashtra Electricity Regulatory Commission - India
- Australian Commodity Traders Exchange
- Indian Energy Exchange, India
- Parliament of New Zealand
- McConnell Dowell - Australia
- Ministry of Finance - Indonesia
- Bangladesh Power Developement Board
- Iligan Light & Power Inc, Philippines
- Petron Corporation, Philippines
- GN Power Mariveles Coal Plant, Philippines
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Bukit Makmur.PT - Indonesia
- Ambuja Cements Ltd - India
- Interocean Group of Companies - India
- Vijayanagar Sugar Pvt Ltd - India
- Posco Energy - South Korea
- Globalindo Alam Lestari - Indonesia
- Maheswari Brothers Coal Limited - India
- Savvy Resources Ltd - HongKong
- Independent Power Producers Association of India
- Standard Chartered Bank - UAE
- South Luzon Thermal Energy Corporation
- Mercuria Energy - Indonesia
- Riau Bara Harum - Indonesia
- Sojitz Corporation - Japan
- Ministry of Mines - Canada
- ICICI Bank Limited - India
- Deloitte Consulting - India
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