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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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Monday, 03 August 15
NEWCASTLE COAL SWAPS DECLINE FURTHER THIS PAST WEEK
COALspot.com: API 5 FOB Newcastle Coal swap for 4Q’ 2015 delivery down $ 1.92 per MT (-4.22%) month over month to US$ 43.58 per mt. The swap ...
Monday, 03 August 15
CFR SOUTH CHINA COAL SWAPS SLIDE THIS WEEK
COALspot.com: API 8 CFR South China Coal swap for 4Q’ 2015 delivery declined US$ 1.64 (3.14%) per MT month over month.
A commodity swap ...
Sunday, 02 August 15
CAPESIZE RATES PUSH BDI UPWARD
COALspot.com: The freight market was buoyant this week as BDI rose 4.14 pct to 1131 points. The cape index was also increased 16.50 pct 2209 points ...
Saturday, 01 August 15
DRY BULK MARKET KEEPS ITS MOMENTUM, AS OUTLOOK IMPROVES - NIKOS ROUSSANOGLOU, HELLENIC SHIPPING NEWS
Although conditions remain more than challenging, especially from an economic point of view (aka China’s stock worries), the dry bulk market ...
Friday, 31 July 15
CAPE'S PAPER MARKET REMAINS FIRM - INTERMODAL
COALspot.com: The positive sentiment that the Dry Bulk market has been enjoying as of the previous month, was carried through last week as well, bu ...
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- Indian Energy Exchange, India
- South Luzon Thermal Energy Corporation
- Kepco SPC Power Corporation, Philippines
- Banpu Public Company Limited - Thailand
- Mjunction Services Limited - India
- Aditya Birla Group - India
- Electricity Generating Authority of Thailand
- Asmin Koalindo Tuhup - Indonesia
- GAC Shipping (India) Pvt Ltd
- PNOC Exploration Corporation - Philippines
- Thiess Contractors Indonesia
- Oldendorff Carriers - Singapore
- SMG Consultants - Indonesia
- Indika Energy - Indonesia
- Bank of Tokyo Mitsubishi UFJ Ltd
- IEA Clean Coal Centre - UK
- Sical Logistics Limited - India
- Petrochimia International Co. Ltd.- Taiwan
- Global Coal Blending Company Limited - Australia
- Latin American Coal - Colombia
- Georgia Ports Authority, United States
- PetroVietnam Power Coal Import and Supply Company
- The State Trading Corporation of India Ltd
- Meenaskhi Energy Private Limited - India
- Bhoruka Overseas - Indonesia
- Maharashtra Electricity Regulatory Commission - India
- Rashtriya Ispat Nigam Limited - India
- Sinarmas Energy and Mining - Indonesia
- Australian Commodity Traders Exchange
- Videocon Industries ltd - India
- Wilmar Investment Holdings
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- Ministry of Transport, Egypt
- Pendopo Energi Batubara - Indonesia
- Bangladesh Power Developement Board
- Merrill Lynch Commodities Europe
- Independent Power Producers Association of India
- Billiton Holdings Pty Ltd - Australia
- OPG Power Generation Pvt Ltd - India
- Parliament of New Zealand
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- Bhatia International Limited - India
- Samtan Co., Ltd - South Korea
- Standard Chartered Bank - UAE
- Pipit Mutiara Jaya. PT, Indonesia
- Commonwealth Bank - Australia
- Bayan Resources Tbk. - Indonesia
- GMR Energy Limited - India
- Larsen & Toubro Limited - India
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- SMC Global Power, Philippines
- Interocean Group of Companies - India
- IHS Mccloskey Coal Group - USA
- Borneo Indobara - Indonesia
- Uttam Galva Steels Limited - India
- Goldman Sachs - Singapore
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- Kohat Cement Company Ltd. - Pakistan
- Lanco Infratech Ltd - India
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- International Coal Ventures Pvt Ltd - India
- Coalindo Energy - Indonesia
- Jaiprakash Power Ventures ltd
- Sakthi Sugars Limited - India
- Vizag Seaport Private Limited - India
- Coal and Oil Company - UAE
- LBH Netherlands Bv - Netherlands
- Bharathi Cement Corporation - India
- McConnell Dowell - Australia
- Minerals Council of Australia
- Medco Energi Mining Internasional
- Siam City Cement - Thailand
- Grasim Industreis Ltd - India
- Bukit Baiduri Energy - Indonesia
- Makarim & Taira - Indonesia
- Australian Coal Association
- Wood Mackenzie - Singapore
- Mercuria Energy - Indonesia
- Xindia Steels Limited - India
- Anglo American - United Kingdom
- Tata Chemicals Ltd - India
- Dalmia Cement Bharat India
- Central Electricity Authority - India
- Romanian Commodities Exchange
- Madhucon Powers Ltd - India
- Directorate General of MIneral and Coal - Indonesia
- Vedanta Resources Plc - India
- Holcim Trading Pte Ltd - Singapore
- Globalindo Alam Lestari - Indonesia
- Power Finance Corporation Ltd., India
- Energy Development Corp, Philippines
- The Treasury - Australian Government
- Chettinad Cement Corporation Ltd - India
- Marubeni Corporation - India
- Indonesian Coal Mining Association
- Kaltim Prima Coal - Indonesia
- Sindya Power Generating Company Private Ltd
- Iligan Light & Power Inc, Philippines
- Barasentosa Lestari - Indonesia
- Therma Luzon, Inc, Philippines
- CIMB Investment Bank - Malaysia
- SN Aboitiz Power Inc, Philippines
- Kartika Selabumi Mining - Indonesia
- Sojitz Corporation - Japan
- Meralco Power Generation, Philippines
- Ceylon Electricity Board - Sri Lanka
- Riau Bara Harum - Indonesia
- Directorate Of Revenue Intelligence - India
- Petron Corporation, Philippines
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Sarangani Energy Corporation, Philippines
- European Bulk Services B.V. - Netherlands
- Savvy Resources Ltd - HongKong
- Indian Oil Corporation Limited
- Ambuja Cements Ltd - India
- Kapuas Tunggal Persada - Indonesia
- Mintek Dendrill Indonesia
- Alfred C Toepfer International GmbH - Germany
- MS Steel International - UAE
- Bulk Trading Sa - Switzerland
- VISA Power Limited - India
- Cigading International Bulk Terminal - Indonesia
- PTC India Limited - India
- Chamber of Mines of South Africa
- London Commodity Brokers - England
- Renaissance Capital - South Africa
- Edison Trading Spa - Italy
- Orica Mining Services - Indonesia
- Cement Manufacturers Association - India
- Gujarat Sidhee Cement - India
- Antam Resourcindo - Indonesia
- Aboitiz Power Corporation - Philippines
- Electricity Authority, New Zealand
- TNB Fuel Sdn Bhd - Malaysia
- Malabar Cements Ltd - India
- PowerSource Philippines DevCo
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Singapore Mercantile Exchange
- New Zealand Coal & Carbon
- Posco Energy - South Korea
- Semirara Mining Corp, Philippines
- Essar Steel Hazira Ltd - India
- Global Business Power Corporation, Philippines
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Altura Mining Limited, Indonesia
- Jindal Steel & Power Ltd - India
- Carbofer General Trading SA - India
- Kumho Petrochemical, South Korea
- Rio Tinto Coal - Australia
- San Jose City I Power Corp, Philippines
- Planning Commission, India
- Maheswari Brothers Coal Limited - India
- Energy Link Ltd, New Zealand
- Siam City Cement PLC, Thailand
- Ministry of Mines - Canada
- Star Paper Mills Limited - India
- Bukit Asam (Persero) Tbk - Indonesia
- Toyota Tsusho Corporation, Japan
- Thai Mozambique Logistica
- Kobexindo Tractors - Indoneisa
- Ind-Barath Power Infra Limited - India
- Ministry of Finance - Indonesia
- Trasteel International SA, Italy
- Heidelberg Cement - Germany
- Manunggal Multi Energi - Indonesia
- Port Waratah Coal Services - Australia
- Price Waterhouse Coopers - Russia
- Miang Besar Coal Terminal - Indonesia
- Sree Jayajothi Cements Limited - India
- TeaM Sual Corporation - Philippines
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- Intertek Mineral Services - Indonesia
- Bhushan Steel Limited - India
- Orica Australia Pty. Ltd.
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Salva Resources Pvt Ltd - India
- Jorong Barutama Greston.PT - Indonesia
- Binh Thuan Hamico - Vietnam
- CNBM International Corporation - China
- Deloitte Consulting - India
- Eastern Energy - Thailand
- Karbindo Abesyapradhi - Indoneisa
- The University of Queensland
- Mercator Lines Limited - India
- Parry Sugars Refinery, India
- Bahari Cakrawala Sebuku - Indonesia
- Metalloyd Limited - United Kingdom
- Semirara Mining and Power Corporation, Philippines
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- Coastal Gujarat Power Limited - India
- Kalimantan Lumbung Energi - Indonesia
- GN Power Mariveles Coal Plant, Philippines
- Agrawal Coal Company - India
- Leighton Contractors Pty Ltd - Australia
- Eastern Coal Council - USA
- Gujarat Electricity Regulatory Commission - India
- White Energy Company Limited
- Bukit Makmur.PT - Indonesia
- Gujarat Mineral Development Corp Ltd - India
- Offshore Bulk Terminal Pte Ltd, Singapore
- AsiaOL BioFuels Corp., Philippines
- Tamil Nadu electricity Board
- India Bulls Power Limited - India
- ASAPP Information Group - India
- Timah Investasi Mineral - Indoneisa
- Vijayanagar Sugar Pvt Ltd - India
- GVK Power & Infra Limited - India
- Straits Asia Resources Limited - Singapore
- Indogreen Group - Indonesia
- Formosa Plastics Group - Taiwan
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Economic Council, Georgia
- Africa Commodities Group - South Africa
- ICICI Bank Limited - India
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