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