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