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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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Thursday, 16 July 15
INDONESIA'S HBA HITS ALL-TIME LOW OF $59.16 PER METRIC TON IN JULY 2015
COALspot.com - The Director General of Mineral and Coal of Indonesia revised down Indonesian coal benchmark price once again to US$ 59.16 pe ...
Thursday, 16 July 15
FOB RICHARDS BAY COAL SWAPS DECLINE W-O-W, M-O-M
COALspot.com: API4 FOB Richards Bay Coal swap for delivery Q3' 2015 declined month over month and week over week.
The Q3 swap was down US$ ...
Wednesday, 15 July 15
WEEKLY SHIPPING MARKET INSIGHT - INTERMODAL
The last few weeks have been rather strenuous for Greece and China, each for their own reasons, affecting most markets around the world. In Greece ...
Wednesday, 15 July 15
IRAN OIL RECOVERY TO TAKE YEARS, BUT COULD START IN 2016 - FITCH
Iranian crude oil production is likely to increase in 2016 but will take a number of years to reach its previous peak, Fitch Ratings says.
The ...
Wednesday, 15 July 15
SAS TO BUILD 108 KM ROAD FOR COAL IN JAMBI, SAYS JAKARTA POST
Jambi Governor Hasan Basri Agus said on Sunday that mining company PT Sinar Anugerah Sukses (SAS) would develop a 108-kilometer road with a width o ...
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- Tata Chemicals Ltd - India
- Leighton Contractors Pty Ltd - Australia
- Jorong Barutama Greston.PT - Indonesia
- TeaM Sual Corporation - Philippines
- Bahari Cakrawala Sebuku - Indonesia
- Sree Jayajothi Cements Limited - India
- Global Business Power Corporation, Philippines
- GMR Energy Limited - India
- PTC India Limited - India
- Bank of Tokyo Mitsubishi UFJ Ltd
- Petron Corporation, Philippines
- Maharashtra Electricity Regulatory Commission - India
- Miang Besar Coal Terminal - Indonesia
- Ambuja Cements Ltd - India
- Semirara Mining and Power Corporation, Philippines
- The State Trading Corporation of India Ltd
- Directorate General of MIneral and Coal - Indonesia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Banpu Public Company Limited - Thailand
- Cigading International Bulk Terminal - Indonesia
- IHS Mccloskey Coal Group - USA
- Star Paper Mills Limited - India
- Coastal Gujarat Power Limited - India
- Merrill Lynch Commodities Europe
- Sindya Power Generating Company Private Ltd
- Medco Energi Mining Internasional
- Kalimantan Lumbung Energi - Indonesia
- Trasteel International SA, Italy
- Global Coal Blending Company Limited - Australia
- Baramulti Group, Indonesia
- Tamil Nadu electricity Board
- Siam City Cement - Thailand
- Indian Oil Corporation Limited
- Energy Development Corp, Philippines
- Simpson Spence & Young - Indonesia
- Directorate Of Revenue Intelligence - India
- Georgia Ports Authority, United States
- Mercuria Energy - Indonesia
- VISA Power Limited - India
- Chamber of Mines of South Africa
- Metalloyd Limited - United Kingdom
- Aboitiz Power Corporation - Philippines
- Price Waterhouse Coopers - Russia
- Karbindo Abesyapradhi - Indoneisa
- SMG Consultants - Indonesia
- Thiess Contractors Indonesia
- Posco Energy - South Korea
- Parliament of New Zealand
- Pendopo Energi Batubara - Indonesia
- MS Steel International - UAE
- Vijayanagar Sugar Pvt Ltd - India
- Therma Luzon, Inc, Philippines
- Pipit Mutiara Jaya. PT, Indonesia
- Edison Trading Spa - Italy
- GN Power Mariveles Coal Plant, Philippines
- Aditya Birla Group - India
- Riau Bara Harum - Indonesia
- Semirara Mining Corp, Philippines
- Gujarat Sidhee Cement - India
- Wood Mackenzie - Singapore
- International Coal Ventures Pvt Ltd - India
- Bhoruka Overseas - Indonesia
- ICICI Bank Limited - India
- Africa Commodities Group - South Africa
- Ceylon Electricity Board - Sri Lanka
- Deloitte Consulting - India
- Madhucon Powers Ltd - India
- Malabar Cements Ltd - India
- Jindal Steel & Power Ltd - India
- Bangladesh Power Developement Board
- Vedanta Resources Plc - India
- Gujarat Electricity Regulatory Commission - India
- Port Waratah Coal Services - Australia
- Interocean Group of Companies - India
- Kartika Selabumi Mining - Indonesia
- The University of Queensland
- Siam City Cement PLC, Thailand
- Asmin Koalindo Tuhup - Indonesia
- McConnell Dowell - Australia
- Rashtriya Ispat Nigam Limited - India
- Ind-Barath Power Infra Limited - India
- Straits Asia Resources Limited - Singapore
- Barasentosa Lestari - Indonesia
- London Commodity Brokers - England
- Kideco Jaya Agung - Indonesia
- Savvy Resources Ltd - HongKong
- Dalmia Cement Bharat India
- SMC Global Power, Philippines
- Mintek Dendrill Indonesia
- Standard Chartered Bank - UAE
- Neyveli Lignite Corporation Ltd, - India
- Maheswari Brothers Coal Limited - India
- India Bulls Power Limited - India
- CIMB Investment Bank - Malaysia
- Meenaskhi Energy Private Limited - India
- Ministry of Mines - Canada
- Borneo Indobara - Indonesia
- Kapuas Tunggal Persada - Indonesia
- Central Electricity Authority - India
- SN Aboitiz Power Inc, Philippines
- Sarangani Energy Corporation, Philippines
- PowerSource Philippines DevCo
- PNOC Exploration Corporation - Philippines
- Bayan Resources Tbk. - Indonesia
- Bukit Makmur.PT - Indonesia
- European Bulk Services B.V. - Netherlands
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Intertek Mineral Services - Indonesia
- Cement Manufacturers Association - India
- Kumho Petrochemical, South Korea
- Altura Mining Limited, Indonesia
- Sical Logistics Limited - India
- Global Green Power PLC Corporation, Philippines
- Kepco SPC Power Corporation, Philippines
- Bukit Baiduri Energy - Indonesia
- Goldman Sachs - Singapore
- Oldendorff Carriers - Singapore
- Bhushan Steel Limited - India
- Agrawal Coal Company - India
- LBH Netherlands Bv - Netherlands
- PetroVietnam Power Coal Import and Supply Company
- Manunggal Multi Energi - Indonesia
- Anglo American - United Kingdom
- Bhatia International Limited - India
- ASAPP Information Group - India
- Coalindo Energy - Indonesia
- Antam Resourcindo - Indonesia
- GAC Shipping (India) Pvt Ltd
- Indogreen Group - Indonesia
- Independent Power Producers Association of India
- Iligan Light & Power Inc, Philippines
- Sojitz Corporation - Japan
- Sinarmas Energy and Mining - Indonesia
- Videocon Industries ltd - India
- Eastern Coal Council - USA
- Carbofer General Trading SA - India
- AsiaOL BioFuels Corp., Philippines
- Eastern Energy - Thailand
- Marubeni Corporation - India
- CNBM International Corporation - China
- Binh Thuan Hamico - Vietnam
- Petrochimia International Co. Ltd.- Taiwan
- Commonwealth Bank - Australia
- Krishnapatnam Port Company Ltd. - India
- Indika Energy - Indonesia
- Salva Resources Pvt Ltd - India
- OPG Power Generation Pvt Ltd - India
- Chettinad Cement Corporation Ltd - India
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- White Energy Company Limited
- Xindia Steels Limited - India
- Lanco Infratech Ltd - India
- IEA Clean Coal Centre - UK
- Jaiprakash Power Ventures ltd
- Planning Commission, India
- Thai Mozambique Logistica
- Electricity Generating Authority of Thailand
- GVK Power & Infra Limited - India
- Kohat Cement Company Ltd. - Pakistan
- Globalindo Alam Lestari - Indonesia
- Orica Australia Pty. Ltd.
- Mjunction Services Limited - India
- Kaltim Prima Coal - Indonesia
- Gujarat Mineral Development Corp Ltd - India
- Alfred C Toepfer International GmbH - Germany
- Indo Tambangraya Megah - Indonesia
- Economic Council, Georgia
- Renaissance Capital - South Africa
- San Jose City I Power Corp, Philippines
- Rio Tinto Coal - Australia
- Ministry of Transport, Egypt
- Power Finance Corporation Ltd., India
- Central Java Power - Indonesia
- Latin American Coal - Colombia
- Singapore Mercantile Exchange
- Bulk Trading Sa - Switzerland
- Toyota Tsusho Corporation, Japan
- South Luzon Thermal Energy Corporation
- New Zealand Coal & Carbon
- The Treasury - Australian Government
- Samtan Co., Ltd - South Korea
- Wilmar Investment Holdings
- Billiton Holdings Pty Ltd - Australia
- Orica Mining Services - Indonesia
- Bharathi Cement Corporation - India
- Ministry of Finance - Indonesia
- Indonesian Coal Mining Association
- Coal and Oil Company - UAE
- Grasim Industreis Ltd - India
- Essar Steel Hazira Ltd - India
- Makarim & Taira - Indonesia
- Sakthi Sugars Limited - India
- Mercator Lines Limited - India
- TNB Fuel Sdn Bhd - Malaysia
- Karaikal Port Pvt Ltd - India
- Offshore Bulk Terminal Pte Ltd, Singapore
- Parry Sugars Refinery, India
- Romanian Commodities Exchange
- Timah Investasi Mineral - Indoneisa
- Indian Energy Exchange, India
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Bukit Asam (Persero) Tbk - Indonesia
- Kobexindo Tractors - Indoneisa
- Larsen & Toubro Limited - India
- Minerals Council of Australia
- Australian Coal Association
- Uttam Galva Steels Limited - India
- Energy Link Ltd, New Zealand
- Meralco Power Generation, Philippines
- Formosa Plastics Group - Taiwan
- Electricity Authority, New Zealand
- Attock Cement Pakistan Limited
- Holcim Trading Pte Ltd - Singapore
- Heidelberg Cement - Germany
- Vizag Seaport Private Limited - India
- Australian Commodity Traders Exchange
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