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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, 24 July 15
U.S PRODUCED 17.2 MMST OF COAL FOR THE WEEK ENDED JULY 18; FELL 11.5% YEAR ON YEAR
COALspot.com – United States the world’s second largest coal producer has produced approximately totaled an estimated 17.2 million shor ...
Friday, 24 July 15
THE IMPACT OF COLLAPSING CHINESE COAL IMPORTS - CLARKSONS
Global seaborne coal trade is currently projected to drop 1% y-o-y in 2015, which would be the first annual decline in almost three decades. The dr ...
Thursday, 23 July 15
ELEVEN NEW NICKEL SMELTERS ARE TO BE BUILT IN INDONESIA OVER THE NEXT TWO YEARS AT A COST OF $1.4 BILLION
Indonesia’s Most Reputable Nickel Event
Eleven new nickel smelters are to be built in Indonesia over the next two years at a cost of $1. ...
Thursday, 23 July 15
THE CAPESIZE SEGMENT KEPT FOUNDING SUPPORT ON INCREASED DEMAND FROM CHINESE STEEL MILLS - INTERMODAL
The Dry Bulk market closed off on Friday (17July 2015) noting substantial gains and the BDI surpassing the 1,000 points level for the first time af ...
Wednesday, 22 July 15
SHIPPING MARKET INSIGHT - PANOS TSILINGIRIS | INTERMODAL
In both bulk shipping sectors, there are certain, yet different, reasons and strategies to invest. In the wet, buy once you can charter-out long, w ...
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Showing 2906 to 2910 news of total 6871 |
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- Eastern Energy - Thailand
- Indo Tambangraya Megah - Indonesia
- Agrawal Coal Company - India
- PNOC Exploration Corporation - Philippines
- Independent Power Producers Association of India
- Bulk Trading Sa - Switzerland
- Global Coal Blending Company Limited - Australia
- AsiaOL BioFuels Corp., Philippines
- Neyveli Lignite Corporation Ltd, - India
- Goldman Sachs - Singapore
- Mercator Lines Limited - India
- Timah Investasi Mineral - Indoneisa
- Riau Bara Harum - Indonesia
- Indonesian Coal Mining Association
- Port Waratah Coal Services - Australia
- IHS Mccloskey Coal Group - USA
- Aditya Birla Group - India
- Kohat Cement Company Ltd. - Pakistan
- Deloitte Consulting - India
- International Coal Ventures Pvt Ltd - India
- TNB Fuel Sdn Bhd - Malaysia
- Karaikal Port Pvt Ltd - India
- Bhushan Steel Limited - India
- Dalmia Cement Bharat India
- Wilmar Investment Holdings
- Metalloyd Limited - United Kingdom
- London Commodity Brokers - England
- Altura Mining Limited, Indonesia
- Orica Mining Services - Indonesia
- Thai Mozambique Logistica
- Energy Development Corp, Philippines
- Directorate General of MIneral and Coal - Indonesia
- VISA Power Limited - India
- South Luzon Thermal Energy Corporation
- Tata Chemicals Ltd - India
- Coalindo Energy - Indonesia
- Sarangani Energy Corporation, Philippines
- SMC Global Power, Philippines
- The Treasury - Australian Government
- Global Business Power Corporation, Philippines
- Kobexindo Tractors - Indoneisa
- Miang Besar Coal Terminal - Indonesia
- Planning Commission, India
- Rashtriya Ispat Nigam Limited - India
- Energy Link Ltd, New Zealand
- Indian Oil Corporation Limited
- Larsen & Toubro Limited - India
- Pendopo Energi Batubara - Indonesia
- Bangladesh Power Developement Board
- Vedanta Resources Plc - India
- Latin American Coal - Colombia
- Merrill Lynch Commodities Europe
- Africa Commodities Group - South Africa
- Ministry of Transport, Egypt
- Madhucon Powers Ltd - India
- TeaM Sual Corporation - Philippines
- Ambuja Cements Ltd - India
- McConnell Dowell - Australia
- Trasteel International SA, Italy
- Gujarat Mineral Development Corp Ltd - India
- Straits Asia Resources Limited - Singapore
- Bukit Asam (Persero) Tbk - Indonesia
- Maheswari Brothers Coal Limited - India
- Asmin Koalindo Tuhup - Indonesia
- Grasim Industreis Ltd - India
- Edison Trading Spa - Italy
- Jindal Steel & Power Ltd - India
- PetroVietnam Power Coal Import and Supply Company
- Romanian Commodities Exchange
- Rio Tinto Coal - Australia
- Posco Energy - South Korea
- Sinarmas Energy and Mining - Indonesia
- Mjunction Services Limited - India
- CNBM International Corporation - China
- Minerals Council of Australia
- Commonwealth Bank - Australia
- Jorong Barutama Greston.PT - Indonesia
- Price Waterhouse Coopers - Russia
- Therma Luzon, Inc, Philippines
- Sree Jayajothi Cements Limited - India
- Coastal Gujarat Power Limited - India
- Interocean Group of Companies - India
- IEA Clean Coal Centre - UK
- Australian Coal Association
- Malabar Cements Ltd - India
- San Jose City I Power Corp, Philippines
- Videocon Industries ltd - India
- Indian Energy Exchange, India
- Samtan Co., Ltd - South Korea
- Essar Steel Hazira Ltd - India
- Billiton Holdings Pty Ltd - Australia
- GVK Power & Infra Limited - India
- Alfred C Toepfer International GmbH - Germany
- Thiess Contractors Indonesia
- GAC Shipping (India) Pvt Ltd
- Manunggal Multi Energi - Indonesia
- Barasentosa Lestari - Indonesia
- GN Power Mariveles Coal Plant, Philippines
- Iligan Light & Power Inc, Philippines
- CIMB Investment Bank - Malaysia
- Parry Sugars Refinery, India
- Bahari Cakrawala Sebuku - Indonesia
- Makarim & Taira - Indonesia
- Bukit Makmur.PT - Indonesia
- Sical Logistics Limited - India
- Petrochimia International Co. Ltd.- Taiwan
- Parliament of New Zealand
- Cement Manufacturers Association - India
- Chamber of Mines of South Africa
- PowerSource Philippines DevCo
- Oldendorff Carriers - Singapore
- Borneo Indobara - Indonesia
- Standard Chartered Bank - UAE
- Australian Commodity Traders Exchange
- PTC India Limited - India
- Tamil Nadu electricity Board
- Meralco Power Generation, Philippines
- Pipit Mutiara Jaya. PT, Indonesia
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Kapuas Tunggal Persada - Indonesia
- Gujarat Sidhee Cement - India
- GMR Energy Limited - India
- Ceylon Electricity Board - Sri Lanka
- Medco Energi Mining Internasional
- Orica Australia Pty. Ltd.
- Kalimantan Lumbung Energi - Indonesia
- Wood Mackenzie - Singapore
- SMG Consultants - Indonesia
- European Bulk Services B.V. - Netherlands
- Vizag Seaport Private Limited - India
- Global Green Power PLC Corporation, Philippines
- Holcim Trading Pte Ltd - Singapore
- Economic Council, Georgia
- Formosa Plastics Group - Taiwan
- Indika Energy - Indonesia
- Marubeni Corporation - India
- Kartika Selabumi Mining - Indonesia
- The State Trading Corporation of India Ltd
- Intertek Mineral Services - Indonesia
- Xindia Steels Limited - India
- SN Aboitiz Power Inc, Philippines
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Central Electricity Authority - India
- Attock Cement Pakistan Limited
- Renaissance Capital - South Africa
- Salva Resources Pvt Ltd - India
- Meenaskhi Energy Private Limited - India
- Mercuria Energy - Indonesia
- Gujarat Electricity Regulatory Commission - India
- Krishnapatnam Port Company Ltd. - India
- Singapore Mercantile Exchange
- Ministry of Mines - Canada
- Power Finance Corporation Ltd., India
- Offshore Bulk Terminal Pte Ltd, Singapore
- Kepco SPC Power Corporation, Philippines
- Directorate Of Revenue Intelligence - India
- Heidelberg Cement - Germany
- Bhatia International Limited - India
- Electricity Generating Authority of Thailand
- Maharashtra Electricity Regulatory Commission - India
- Cigading International Bulk Terminal - Indonesia
- Semirara Mining and Power Corporation, Philippines
- Petron Corporation, Philippines
- Banpu Public Company Limited - Thailand
- Lanco Infratech Ltd - India
- Leighton Contractors Pty Ltd - Australia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Chettinad Cement Corporation Ltd - India
- Siam City Cement - Thailand
- White Energy Company Limited
- Globalindo Alam Lestari - Indonesia
- Carbofer General Trading SA - India
- Bayan Resources Tbk. - Indonesia
- Anglo American - United Kingdom
- ASAPP Information Group - India
- Bukit Baiduri Energy - Indonesia
- MS Steel International - UAE
- India Bulls Power Limited - India
- Sindya Power Generating Company Private Ltd
- Central Java Power - Indonesia
- Georgia Ports Authority, United States
- Electricity Authority, New Zealand
- Kumho Petrochemical, South Korea
- Ind-Barath Power Infra Limited - India
- Kideco Jaya Agung - Indonesia
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Toyota Tsusho Corporation, Japan
- Kaltim Prima Coal - Indonesia
- Sojitz Corporation - Japan
- Jaiprakash Power Ventures ltd
- Ministry of Finance - Indonesia
- Baramulti Group, Indonesia
- Siam City Cement PLC, Thailand
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Indogreen Group - Indonesia
- Binh Thuan Hamico - Vietnam
- Bhoruka Overseas - Indonesia
- Coal and Oil Company - UAE
- ICICI Bank Limited - India
- Aboitiz Power Corporation - Philippines
- LBH Netherlands Bv - Netherlands
- Eastern Coal Council - USA
- Mintek Dendrill Indonesia
- Antam Resourcindo - Indonesia
- New Zealand Coal & Carbon
- Bharathi Cement Corporation - India
- Star Paper Mills Limited - India
- Uttam Galva Steels Limited - India
- Bank of Tokyo Mitsubishi UFJ Ltd
- The University of Queensland
- Sakthi Sugars Limited - India
- Savvy Resources Ltd - HongKong
- Semirara Mining Corp, Philippines
- Simpson Spence & Young - Indonesia
- Karbindo Abesyapradhi - Indoneisa
- OPG Power Generation Pvt Ltd - India
- Vijayanagar Sugar Pvt Ltd - India
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