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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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Wednesday, 05 August 15
COAL CONSUMPTION POSTED THE STRONGEST GROWTH AMONG THE FOSSIL ENERGY SOURCES IN 2014 - VDKI
Coal 2014: again the world's fastest-growing primary energy source and an indispensable asset for the success of the energy turnaround.
Ac ...
Wednesday, 05 August 15
FOB INDONESIA THERMAL COAL SWAPS FALL
COALspot.com: Indonesian coal swap for delivery 4Q 2015 declined month on month and week over week, this past week.
The 4Q swap was declined $ ...
Wednesday, 05 August 15
DRY BULKER PRICES START TO FIRM UP AS MARKET SENTIMENT IMPROVES - NIKOS ROUSSANOGLOU, HELLENIC SHIPPING
Market pessimism in the dry bulk industry, a trend which had established itself over the course of the year, has started to fade away over the past ...
Tuesday, 04 August 15
FOB RICHARDS BAY COAL SWAPS CONTINUE TO FALL DUE TO SLIDING DEMAND
COALspot.com: API4 FOB Richards Bay Coal swap for delivery 4Q' 2015 declined month over month and week over week.
The 4Q swap was down US$ ...
Tuesday, 04 August 15
SHIPPING CYCLES - A CHESS GAME YOU DON'T WANT TO LOSE - CLARKSONS
Ingmar Bergman’s classic movie The Seventh Seal is about a knight who, during the Black Death, challenges Death to a chess match, in the hope ...
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- Asia Pacific Energy Resources Ventures Inc, Philippines
- European Bulk Services B.V. - Netherlands
- Central Java Power - Indonesia
- Sree Jayajothi Cements Limited - India
- SN Aboitiz Power Inc, Philippines
- Georgia Ports Authority, United States
- Kartika Selabumi Mining - Indonesia
- Mjunction Services Limited - India
- Jaiprakash Power Ventures ltd
- Bhushan Steel Limited - India
- Borneo Indobara - Indonesia
- Tamil Nadu electricity Board
- The Treasury - Australian Government
- Chamber of Mines of South Africa
- PNOC Exploration Corporation - Philippines
- Bukit Baiduri Energy - Indonesia
- Wilmar Investment Holdings
- Aboitiz Power Corporation - Philippines
- Gujarat Mineral Development Corp Ltd - India
- Simpson Spence & Young - Indonesia
- South Luzon Thermal Energy Corporation
- Singapore Mercantile Exchange
- Thai Mozambique Logistica
- Iligan Light & Power Inc, Philippines
- Bangladesh Power Developement Board
- Anglo American - United Kingdom
- Pipit Mutiara Jaya. PT, Indonesia
- The State Trading Corporation of India Ltd
- White Energy Company Limited
- Planning Commission, India
- Madhucon Powers Ltd - India
- Samtan Co., Ltd - South Korea
- Metalloyd Limited - United Kingdom
- Ambuja Cements Ltd - India
- Merrill Lynch Commodities Europe
- Australian Coal Association
- PowerSource Philippines DevCo
- Bukit Makmur.PT - Indonesia
- Offshore Bulk Terminal Pte Ltd, Singapore
- Indo Tambangraya Megah - Indonesia
- ASAPP Information Group - India
- Altura Mining Limited, Indonesia
- McConnell Dowell - Australia
- Siam City Cement PLC, Thailand
- Africa Commodities Group - South Africa
- Sinarmas Energy and Mining - Indonesia
- Aditya Birla Group - India
- Carbofer General Trading SA - India
- International Coal Ventures Pvt Ltd - India
- GAC Shipping (India) Pvt Ltd
- Neyveli Lignite Corporation Ltd, - India
- Australian Commodity Traders Exchange
- Coal and Oil Company - UAE
- Maharashtra Electricity Regulatory Commission - India
- Mintek Dendrill Indonesia
- AsiaOL BioFuels Corp., Philippines
- Salva Resources Pvt Ltd - India
- Bhoruka Overseas - Indonesia
- Oldendorff Carriers - Singapore
- Therma Luzon, Inc, Philippines
- Cigading International Bulk Terminal - Indonesia
- PTC India Limited - India
- Grasim Industreis Ltd - India
- Meralco Power Generation, Philippines
- Semirara Mining and Power Corporation, Philippines
- Star Paper Mills Limited - India
- Vedanta Resources Plc - India
- Bulk Trading Sa - Switzerland
- Banpu Public Company Limited - Thailand
- Riau Bara Harum - Indonesia
- Trasteel International SA, Italy
- Kalimantan Lumbung Energi - Indonesia
- Interocean Group of Companies - India
- Makarim & Taira - Indonesia
- Standard Chartered Bank - UAE
- Karaikal Port Pvt Ltd - India
- Savvy Resources Ltd - HongKong
- Sindya Power Generating Company Private Ltd
- Krishnapatnam Port Company Ltd. - India
- Rashtriya Ispat Nigam Limited - India
- Agrawal Coal Company - India
- Bukit Asam (Persero) Tbk - Indonesia
- Global Green Power PLC Corporation, Philippines
- Thiess Contractors Indonesia
- Medco Energi Mining Internasional
- Port Waratah Coal Services - Australia
- Independent Power Producers Association of India
- Miang Besar Coal Terminal - Indonesia
- Timah Investasi Mineral - Indoneisa
- CNBM International Corporation - China
- Bhatia International Limited - India
- Intertek Mineral Services - Indonesia
- Central Electricity Authority - India
- Bayan Resources Tbk. - Indonesia
- Directorate General of MIneral and Coal - Indonesia
- New Zealand Coal & Carbon
- Tata Chemicals Ltd - India
- SMC Global Power, Philippines
- IEA Clean Coal Centre - UK
- Petron Corporation, Philippines
- India Bulls Power Limited - India
- Straits Asia Resources Limited - Singapore
- GMR Energy Limited - India
- Ceylon Electricity Board - Sri Lanka
- Siam City Cement - Thailand
- Mercuria Energy - Indonesia
- Marubeni Corporation - India
- Vizag Seaport Private Limited - India
- Romanian Commodities Exchange
- Globalindo Alam Lestari - Indonesia
- Eastern Coal Council - USA
- Toyota Tsusho Corporation, Japan
- Directorate Of Revenue Intelligence - India
- Holcim Trading Pte Ltd - Singapore
- Chettinad Cement Corporation Ltd - India
- Cement Manufacturers Association - India
- Wood Mackenzie - Singapore
- Meenaskhi Energy Private Limited - India
- Energy Link Ltd, New Zealand
- Uttam Galva Steels Limited - India
- Binh Thuan Hamico - Vietnam
- Ministry of Transport, Egypt
- Larsen & Toubro Limited - India
- Rio Tinto Coal - Australia
- Leighton Contractors Pty Ltd - Australia
- Maheswari Brothers Coal Limited - India
- Energy Development Corp, Philippines
- Bharathi Cement Corporation - India
- Petrochimia International Co. Ltd.- Taiwan
- Bahari Cakrawala Sebuku - Indonesia
- Kideco Jaya Agung - Indonesia
- Baramulti Group, Indonesia
- Alfred C Toepfer International GmbH - Germany
- Antam Resourcindo - Indonesia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Renaissance Capital - South Africa
- Power Finance Corporation Ltd., India
- The University of Queensland
- Gujarat Sidhee Cement - India
- Orica Australia Pty. Ltd.
- LBH Netherlands Bv - Netherlands
- Kohat Cement Company Ltd. - Pakistan
- Barasentosa Lestari - Indonesia
- Ministry of Finance - Indonesia
- Eastern Energy - Thailand
- Price Waterhouse Coopers - Russia
- Coastal Gujarat Power Limited - India
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- OPG Power Generation Pvt Ltd - India
- San Jose City I Power Corp, Philippines
- Essar Steel Hazira Ltd - India
- PetroVietnam Power Coal Import and Supply Company
- IHS Mccloskey Coal Group - USA
- Xindia Steels Limited - India
- Mercator Lines Limited - India
- Ind-Barath Power Infra Limited - India
- Lanco Infratech Ltd - India
- Malabar Cements Ltd - India
- CIMB Investment Bank - Malaysia
- Kobexindo Tractors - Indoneisa
- Sojitz Corporation - Japan
- Goldman Sachs - Singapore
- Kumho Petrochemical, South Korea
- Videocon Industries ltd - India
- Kaltim Prima Coal - Indonesia
- Jorong Barutama Greston.PT - Indonesia
- Minerals Council of Australia
- TeaM Sual Corporation - Philippines
- Posco Energy - South Korea
- Manunggal Multi Energi - Indonesia
- Electricity Generating Authority of Thailand
- Indonesian Coal Mining Association
- Karbindo Abesyapradhi - Indoneisa
- Parliament of New Zealand
- Kepco SPC Power Corporation, Philippines
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- SMG Consultants - Indonesia
- Deloitte Consulting - India
- Parry Sugars Refinery, India
- Global Coal Blending Company Limited - Australia
- Heidelberg Cement - Germany
- Sarangani Energy Corporation, Philippines
- Attock Cement Pakistan Limited
- Orica Mining Services - Indonesia
- Sakthi Sugars Limited - India
- Formosa Plastics Group - Taiwan
- GVK Power & Infra Limited - India
- TNB Fuel Sdn Bhd - Malaysia
- Dalmia Cement Bharat India
- Pendopo Energi Batubara - Indonesia
- ICICI Bank Limited - India
- Sical Logistics Limited - India
- Ministry of Mines - Canada
- Gujarat Electricity Regulatory Commission - India
- Edison Trading Spa - Italy
- Jindal Steel & Power Ltd - India
- MS Steel International - UAE
- London Commodity Brokers - England
- Kapuas Tunggal Persada - Indonesia
- Billiton Holdings Pty Ltd - Australia
- Indika Energy - Indonesia
- Bank of Tokyo Mitsubishi UFJ Ltd
- Global Business Power Corporation, Philippines
- Economic Council, Georgia
- GN Power Mariveles Coal Plant, Philippines
- Latin American Coal - Colombia
- VISA Power Limited - India
- Semirara Mining Corp, Philippines
- Indian Oil Corporation Limited
- Indogreen Group - Indonesia
- Indian Energy Exchange, India
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Coalindo Energy - Indonesia
- Asmin Koalindo Tuhup - Indonesia
- Vijayanagar Sugar Pvt Ltd - India
- Electricity Authority, New Zealand
- Commonwealth Bank - Australia
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