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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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Tuesday, 30 June 15
Q1'16 FOB INDONESIA COAL SWAP CLOSED $ 43.45 PER MT
COALspot.com: Indonesian coal swap for delivery Q3 2015 declined month on month and flat week over week, this past week.
The Q3 swap was decli ...
Monday, 29 June 15
CFR SOUTH CHINA COAL SWAPS UP SLIGHTLY MONTH OVER MONTH
COALspot.com: API 8 CFR South China Coal swap for Q3’ 2015 delivery rose US$ 0.57 (1.11%) per MT month over month.
A commodity swap is a ...
Monday, 29 June 15
FOB NEWCASTLE COAL SWAP SLIGHTLY UP MONTH OVER MONTH
COALspot.com: API 5 FOB Newcastle Coal swap for Q3’ 2015 delivery up $ 0.49 per MT (1.08%) month over month to US$ 45.77 per mt. The swap was ...
Saturday, 27 June 15
THE FREIGHT MARKET WAS STEADY EARLIER IN THE WEEK; SOFTEN INTO WEEK'S END
COALspot.com: The freight market remain steady earlier in the week, but towards end of the week BDI and BCI shows some signs of softening.
The ...
Friday, 26 June 15
INDONESIA COAL PRODUCTION FALLS BETWEEN JAN-MAY : JG
The Ministry of Energy and Mineral Resources announced that coal production declined to 166 million tons between January and May, a 19 percent drop ...
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- Energy Link Ltd, New Zealand
- New Zealand Coal & Carbon
- Wilmar Investment Holdings
- Anglo American - United Kingdom
- Bukit Asam (Persero) Tbk - Indonesia
- Chettinad Cement Corporation Ltd - India
- Kobexindo Tractors - Indoneisa
- Independent Power Producers Association of India
- Coalindo Energy - Indonesia
- Trasteel International SA, Italy
- Edison Trading Spa - Italy
- IHS Mccloskey Coal Group - USA
- Global Green Power PLC Corporation, Philippines
- GVK Power & Infra Limited - India
- Metalloyd Limited - United Kingdom
- SN Aboitiz Power Inc, Philippines
- Siam City Cement PLC, Thailand
- Bharathi Cement Corporation - India
- Kideco Jaya Agung - Indonesia
- Kapuas Tunggal Persada - Indonesia
- Bukit Baiduri Energy - Indonesia
- TNB Fuel Sdn Bhd - Malaysia
- Bank of Tokyo Mitsubishi UFJ Ltd
- McConnell Dowell - Australia
- PTC India Limited - India
- Gujarat Electricity Regulatory Commission - India
- Pendopo Energi Batubara - Indonesia
- Carbofer General Trading SA - India
- Petrochimia International Co. Ltd.- Taiwan
- Ambuja Cements Ltd - India
- Global Coal Blending Company Limited - Australia
- Energy Development Corp, Philippines
- Iligan Light & Power Inc, Philippines
- Ministry of Finance - Indonesia
- Mintek Dendrill Indonesia
- Ministry of Mines - Canada
- Barasentosa Lestari - Indonesia
- Global Business Power Corporation, Philippines
- Sindya Power Generating Company Private Ltd
- Eastern Coal Council - USA
- Parry Sugars Refinery, India
- Xindia Steels Limited - India
- Kartika Selabumi Mining - Indonesia
- San Jose City I Power Corp, Philippines
- GAC Shipping (India) Pvt Ltd
- Directorate Of Revenue Intelligence - India
- Borneo Indobara - Indonesia
- Standard Chartered Bank - UAE
- Globalindo Alam Lestari - Indonesia
- Indogreen Group - Indonesia
- Simpson Spence & Young - Indonesia
- Gujarat Mineral Development Corp Ltd - India
- Sinarmas Energy and Mining - Indonesia
- Lanco Infratech Ltd - India
- Indonesian Coal Mining Association
- Formosa Plastics Group - Taiwan
- Toyota Tsusho Corporation, Japan
- VISA Power Limited - India
- Riau Bara Harum - Indonesia
- Rio Tinto Coal - Australia
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Manunggal Multi Energi - Indonesia
- Goldman Sachs - Singapore
- Orica Mining Services - Indonesia
- Electricity Authority, New Zealand
- SMG Consultants - Indonesia
- Offshore Bulk Terminal Pte Ltd, Singapore
- Billiton Holdings Pty Ltd - Australia
- Dalmia Cement Bharat India
- Australian Commodity Traders Exchange
- Savvy Resources Ltd - HongKong
- IEA Clean Coal Centre - UK
- Kepco SPC Power Corporation, Philippines
- Intertek Mineral Services - Indonesia
- Thai Mozambique Logistica
- Bayan Resources Tbk. - Indonesia
- Central Electricity Authority - India
- Ministry of Transport, Egypt
- Sakthi Sugars Limited - India
- Attock Cement Pakistan Limited
- Kaltim Prima Coal - Indonesia
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Mjunction Services Limited - India
- Wood Mackenzie - Singapore
- Aboitiz Power Corporation - Philippines
- Karaikal Port Pvt Ltd - India
- Coal and Oil Company - UAE
- Madhucon Powers Ltd - India
- Price Waterhouse Coopers - Russia
- Directorate General of MIneral and Coal - Indonesia
- CIMB Investment Bank - Malaysia
- Miang Besar Coal Terminal - Indonesia
- MS Steel International - UAE
- TeaM Sual Corporation - Philippines
- Tata Chemicals Ltd - India
- AsiaOL BioFuels Corp., Philippines
- Mercuria Energy - Indonesia
- Salva Resources Pvt Ltd - India
- International Coal Ventures Pvt Ltd - India
- Economic Council, Georgia
- Posco Energy - South Korea
- Meenaskhi Energy Private Limited - India
- Latin American Coal - Colombia
- Central Java Power - Indonesia
- Bulk Trading Sa - Switzerland
- Neyveli Lignite Corporation Ltd, - India
- Minerals Council of Australia
- Bahari Cakrawala Sebuku - Indonesia
- Cigading International Bulk Terminal - Indonesia
- OPG Power Generation Pvt Ltd - India
- Makarim & Taira - Indonesia
- Videocon Industries ltd - India
- Banpu Public Company Limited - Thailand
- Eastern Energy - Thailand
- Therma Luzon, Inc, Philippines
- Antam Resourcindo - Indonesia
- Semirara Mining and Power Corporation, Philippines
- Bangladesh Power Developement Board
- Leighton Contractors Pty Ltd - Australia
- Indian Energy Exchange, India
- Tamil Nadu electricity Board
- Africa Commodities Group - South Africa
- GMR Energy Limited - India
- Kumho Petrochemical, South Korea
- Commonwealth Bank - Australia
- Holcim Trading Pte Ltd - Singapore
- Indian Oil Corporation Limited
- PetroVietnam Power Coal Import and Supply Company
- Kalimantan Lumbung Energi - Indonesia
- Bhushan Steel Limited - India
- Sree Jayajothi Cements Limited - India
- Parliament of New Zealand
- Binh Thuan Hamico - Vietnam
- Kohat Cement Company Ltd. - Pakistan
- SMC Global Power, Philippines
- The Treasury - Australian Government
- LBH Netherlands Bv - Netherlands
- Sarangani Energy Corporation, Philippines
- Chamber of Mines of South Africa
- Indika Energy - Indonesia
- European Bulk Services B.V. - Netherlands
- Samtan Co., Ltd - South Korea
- Jorong Barutama Greston.PT - Indonesia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Karbindo Abesyapradhi - Indoneisa
- Star Paper Mills Limited - India
- Aditya Birla Group - India
- Renaissance Capital - South Africa
- GN Power Mariveles Coal Plant, Philippines
- Indo Tambangraya Megah - Indonesia
- Alfred C Toepfer International GmbH - Germany
- Heidelberg Cement - Germany
- Timah Investasi Mineral - Indoneisa
- Meralco Power Generation, Philippines
- Planning Commission, India
- Australian Coal Association
- Georgia Ports Authority, United States
- Merrill Lynch Commodities Europe
- Straits Asia Resources Limited - Singapore
- Agrawal Coal Company - India
- Vedanta Resources Plc - India
- Baramulti Group, Indonesia
- Uttam Galva Steels Limited - India
- Jaiprakash Power Ventures ltd
- Altura Mining Limited, Indonesia
- ASAPP Information Group - India
- Maharashtra Electricity Regulatory Commission - India
- Krishnapatnam Port Company Ltd. - India
- Gujarat Sidhee Cement - India
- Bhoruka Overseas - Indonesia
- Malabar Cements Ltd - India
- Petron Corporation, Philippines
- Essar Steel Hazira Ltd - India
- Grasim Industreis Ltd - India
- Bhatia International Limited - India
- The State Trading Corporation of India Ltd
- Sojitz Corporation - Japan
- Vizag Seaport Private Limited - India
- Ind-Barath Power Infra Limited - India
- Interocean Group of Companies - India
- Thiess Contractors Indonesia
- Mercator Lines Limited - India
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- PNOC Exploration Corporation - Philippines
- CNBM International Corporation - China
- Asmin Koalindo Tuhup - Indonesia
- London Commodity Brokers - England
- Larsen & Toubro Limited - India
- ICICI Bank Limited - India
- Siam City Cement - Thailand
- Oldendorff Carriers - Singapore
- Jindal Steel & Power Ltd - India
- Orica Australia Pty. Ltd.
- Romanian Commodities Exchange
- Pipit Mutiara Jaya. PT, Indonesia
- Deloitte Consulting - India
- Coastal Gujarat Power Limited - India
- Ceylon Electricity Board - Sri Lanka
- Power Finance Corporation Ltd., India
- Cement Manufacturers Association - India
- Electricity Generating Authority of Thailand
- India Bulls Power Limited - India
- Medco Energi Mining Internasional
- South Luzon Thermal Energy Corporation
- Maheswari Brothers Coal Limited - India
- White Energy Company Limited
- The University of Queensland
- Rashtriya Ispat Nigam Limited - India
- Singapore Mercantile Exchange
- Bukit Makmur.PT - Indonesia
- Vijayanagar Sugar Pvt Ltd - India
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Marubeni Corporation - India
- Sical Logistics Limited - India
- Semirara Mining Corp, Philippines
- PowerSource Philippines DevCo
- Port Waratah Coal Services - Australia
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