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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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- Global Business Power Corporation, Philippines
- Straits Asia Resources Limited - Singapore
- Kobexindo Tractors - Indoneisa
- GVK Power & Infra Limited - India
- Metalloyd Limited - United Kingdom
- VISA Power Limited - India
- ASAPP Information Group - India
- Miang Besar Coal Terminal - Indonesia
- Thiess Contractors Indonesia
- Gujarat Sidhee Cement - India
- Thai Mozambique Logistica
- Kapuas Tunggal Persada - Indonesia
- Directorate General of MIneral and Coal - Indonesia
- Bahari Cakrawala Sebuku - Indonesia
- Renaissance Capital - South Africa
- PNOC Exploration Corporation - Philippines
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Maharashtra Electricity Regulatory Commission - India
- Toyota Tsusho Corporation, Japan
- Bhatia International Limited - India
- Bukit Asam (Persero) Tbk - Indonesia
- Price Waterhouse Coopers - Russia
- Uttam Galva Steels Limited - India
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Heidelberg Cement - Germany
- Central Electricity Authority - India
- Kaltim Prima Coal - Indonesia
- Indogreen Group - Indonesia
- Standard Chartered Bank - UAE
- Siam City Cement PLC, Thailand
- Sindya Power Generating Company Private Ltd
- Formosa Plastics Group - Taiwan
- Gujarat Mineral Development Corp Ltd - India
- ICICI Bank Limited - India
- Wilmar Investment Holdings
- Jindal Steel & Power Ltd - India
- SMG Consultants - Indonesia
- SN Aboitiz Power Inc, Philippines
- Bulk Trading Sa - Switzerland
- Bayan Resources Tbk. - Indonesia
- Semirara Mining and Power Corporation, Philippines
- Africa Commodities Group - South Africa
- Borneo Indobara - Indonesia
- Electricity Generating Authority of Thailand
- Ministry of Mines - Canada
- Samtan Co., Ltd - South Korea
- Medco Energi Mining Internasional
- Offshore Bulk Terminal Pte Ltd, Singapore
- Deloitte Consulting - India
- Siam City Cement - Thailand
- Madhucon Powers Ltd - India
- Indian Oil Corporation Limited
- South Luzon Thermal Energy Corporation
- Anglo American - United Kingdom
- Ministry of Finance - Indonesia
- Coalindo Energy - Indonesia
- Essar Steel Hazira Ltd - India
- Vedanta Resources Plc - India
- Global Green Power PLC Corporation, Philippines
- Therma Luzon, Inc, Philippines
- Australian Coal Association
- Semirara Mining Corp, Philippines
- The University of Queensland
- Interocean Group of Companies - India
- CNBM International Corporation - China
- Leighton Contractors Pty Ltd - Australia
- Parliament of New Zealand
- OPG Power Generation Pvt Ltd - India
- India Bulls Power Limited - India
- Vizag Seaport Private Limited - India
- Orica Australia Pty. Ltd.
- Sojitz Corporation - Japan
- Bukit Makmur.PT - Indonesia
- Ind-Barath Power Infra Limited - India
- Central Java Power - Indonesia
- Krishnapatnam Port Company Ltd. - India
- Commonwealth Bank - Australia
- TNB Fuel Sdn Bhd - Malaysia
- Bhushan Steel Limited - India
- TeaM Sual Corporation - Philippines
- Aboitiz Power Corporation - Philippines
- Kartika Selabumi Mining - Indonesia
- CIMB Investment Bank - Malaysia
- Kideco Jaya Agung - Indonesia
- Billiton Holdings Pty Ltd - Australia
- Pipit Mutiara Jaya. PT, Indonesia
- Alfred C Toepfer International GmbH - Germany
- Merrill Lynch Commodities Europe
- Power Finance Corporation Ltd., India
- Sical Logistics Limited - India
- Tata Chemicals Ltd - India
- Electricity Authority, New Zealand
- Energy Link Ltd, New Zealand
- Asmin Koalindo Tuhup - Indonesia
- Coastal Gujarat Power Limited - India
- Posco Energy - South Korea
- IHS Mccloskey Coal Group - USA
- Ministry of Transport, Egypt
- Rio Tinto Coal - Australia
- Jaiprakash Power Ventures ltd
- Maheswari Brothers Coal Limited - India
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Simpson Spence & Young - Indonesia
- GMR Energy Limited - India
- Kumho Petrochemical, South Korea
- Kalimantan Lumbung Energi - Indonesia
- Vijayanagar Sugar Pvt Ltd - India
- European Bulk Services B.V. - Netherlands
- AsiaOL BioFuels Corp., Philippines
- Bank of Tokyo Mitsubishi UFJ Ltd
- Rashtriya Ispat Nigam Limited - India
- Mjunction Services Limited - India
- Trasteel International SA, Italy
- Eastern Energy - Thailand
- Coal and Oil Company - UAE
- McConnell Dowell - Australia
- Sakthi Sugars Limited - India
- Dalmia Cement Bharat India
- Wood Mackenzie - Singapore
- Banpu Public Company Limited - Thailand
- LBH Netherlands Bv - Netherlands
- Holcim Trading Pte Ltd - Singapore
- Singapore Mercantile Exchange
- San Jose City I Power Corp, Philippines
- Savvy Resources Ltd - HongKong
- Cement Manufacturers Association - India
- New Zealand Coal & Carbon
- Kepco SPC Power Corporation, Philippines
- Directorate Of Revenue Intelligence - India
- Mercator Lines Limited - India
- Manunggal Multi Energi - Indonesia
- Karbindo Abesyapradhi - Indoneisa
- Sree Jayajothi Cements Limited - India
- Ceylon Electricity Board - Sri Lanka
- Eastern Coal Council - USA
- Sarangani Energy Corporation, Philippines
- White Energy Company Limited
- Mercuria Energy - Indonesia
- Star Paper Mills Limited - India
- London Commodity Brokers - England
- Aditya Birla Group - India
- Chamber of Mines of South Africa
- Bukit Baiduri Energy - Indonesia
- Timah Investasi Mineral - Indoneisa
- GN Power Mariveles Coal Plant, Philippines
- Petrochimia International Co. Ltd.- Taiwan
- Chettinad Cement Corporation Ltd - India
- Xindia Steels Limited - India
- Ambuja Cements Ltd - India
- Indian Energy Exchange, India
- Bhoruka Overseas - Indonesia
- Minerals Council of Australia
- Oldendorff Carriers - Singapore
- Economic Council, Georgia
- PetroVietnam Power Coal Import and Supply Company
- Neyveli Lignite Corporation Ltd, - India
- Goldman Sachs - Singapore
- Indo Tambangraya Megah - Indonesia
- Gujarat Electricity Regulatory Commission - India
- Carbofer General Trading SA - India
- Mintek Dendrill Indonesia
- Marubeni Corporation - India
- Binh Thuan Hamico - Vietnam
- Barasentosa Lestari - Indonesia
- IEA Clean Coal Centre - UK
- Jorong Barutama Greston.PT - Indonesia
- Baramulti Group, Indonesia
- The Treasury - Australian Government
- Indonesian Coal Mining Association
- Latin American Coal - Colombia
- The State Trading Corporation of India Ltd
- Attock Cement Pakistan Limited
- Orica Mining Services - Indonesia
- Agrawal Coal Company - India
- Iligan Light & Power Inc, Philippines
- Antam Resourcindo - Indonesia
- Edison Trading Spa - Italy
- Makarim & Taira - Indonesia
- MS Steel International - UAE
- Port Waratah Coal Services - Australia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Georgia Ports Authority, United States
- Energy Development Corp, Philippines
- PTC India Limited - India
- Grasim Industreis Ltd - India
- Kohat Cement Company Ltd. - Pakistan
- Malabar Cements Ltd - India
- Independent Power Producers Association of India
- Planning Commission, India
- Salva Resources Pvt Ltd - India
- Meralco Power Generation, Philippines
- Cigading International Bulk Terminal - Indonesia
- GAC Shipping (India) Pvt Ltd
- Bharathi Cement Corporation - India
- Larsen & Toubro Limited - India
- Meenaskhi Energy Private Limited - India
- PowerSource Philippines DevCo
- Global Coal Blending Company Limited - Australia
- SMC Global Power, Philippines
- Altura Mining Limited, Indonesia
- Pendopo Energi Batubara - Indonesia
- Indika Energy - Indonesia
- Australian Commodity Traders Exchange
- Sinarmas Energy and Mining - Indonesia
- Tamil Nadu electricity Board
- Parry Sugars Refinery, India
- Globalindo Alam Lestari - Indonesia
- Riau Bara Harum - Indonesia
- International Coal Ventures Pvt Ltd - India
- Petron Corporation, Philippines
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Videocon Industries ltd - India
- Karaikal Port Pvt Ltd - India
- Bangladesh Power Developement Board
- Intertek Mineral Services - Indonesia
- Lanco Infratech Ltd - India
- Romanian Commodities Exchange
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