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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, 26 June 15
COAL PRODUCTION IN THE U.S ROSE 6.0% WEEK OVER WEEK, SAYS EIA
COALspot.com – United States the second largest coal producer in the world has produced approximately totaled an estimated 16.3 million short ...
Thursday, 25 June 15
THE PORT OF NEWCASTLE SHIPPED 13.31% MORE COAL IN MAY 2015 COMPARED TO APRIL 2015
COALspot.com: The Port of Newcastle, Australia’s major trading ports and the world’s largest coal export port, has shipped $1.18 billio ...
Thursday, 25 June 15
CAPESIZE: PERIOD INTEREST REMAINED STRONG FOR A SECOND WEEK - INTERMODAL
COALspot.com: Following those depressive last six months, the BDI closed off on last Friday noting a substantial weekly increase, which pushed the ...
Wednesday, 24 June 15
PANAMAXES: THE OUTLOOK REMAINS NEGATIVE AS DEMAND FOR COAL IS DIMINISHING - YANNIS OLZIERSKY
As we get closer to the end of June, we can safely say that the 1st half of the year is leaving the dry bulk market with a bitter taste that we all ...
Tuesday, 23 June 15
Q3 FOB INDONESIA COAL SWAP FALL $1.12 IN ONE MONTH
COALspot.com: Indonesian coal swap for delivery Q3 2015 declined month on month and week over week, this past week.
The Q3 swap was declined $ ...
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- Videocon Industries ltd - India
- Jorong Barutama Greston.PT - Indonesia
- Merrill Lynch Commodities Europe
- Eastern Energy - Thailand
- Commonwealth Bank - Australia
- GMR Energy Limited - India
- Petron Corporation, Philippines
- Georgia Ports Authority, United States
- Meralco Power Generation, Philippines
- Electricity Generating Authority of Thailand
- Altura Mining Limited, Indonesia
- Chettinad Cement Corporation Ltd - India
- Rio Tinto Coal - Australia
- Gujarat Mineral Development Corp Ltd - India
- Romanian Commodities Exchange
- International Coal Ventures Pvt Ltd - India
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- GAC Shipping (India) Pvt Ltd
- Neyveli Lignite Corporation Ltd, - India
- AsiaOL BioFuels Corp., Philippines
- Kideco Jaya Agung - Indonesia
- Intertek Mineral Services - Indonesia
- Interocean Group of Companies - India
- Jaiprakash Power Ventures ltd
- Anglo American - United Kingdom
- Maharashtra Electricity Regulatory Commission - India
- Larsen & Toubro Limited - India
- Jindal Steel & Power Ltd - India
- Manunggal Multi Energi - Indonesia
- Kapuas Tunggal Persada - Indonesia
- ASAPP Information Group - India
- Bahari Cakrawala Sebuku - Indonesia
- Global Business Power Corporation, Philippines
- Sojitz Corporation - Japan
- Chamber of Mines of South Africa
- Aboitiz Power Corporation - Philippines
- Planning Commission, India
- Holcim Trading Pte Ltd - Singapore
- Miang Besar Coal Terminal - Indonesia
- Pipit Mutiara Jaya. PT, Indonesia
- White Energy Company Limited
- Goldman Sachs - Singapore
- Maheswari Brothers Coal Limited - India
- Indogreen Group - Indonesia
- Kohat Cement Company Ltd. - Pakistan
- Dalmia Cement Bharat India
- Bhushan Steel Limited - India
- Coalindo Energy - Indonesia
- Asia Pacific Energy Resources Ventures Inc, Philippines
- IHS Mccloskey Coal Group - USA
- TeaM Sual Corporation - Philippines
- Siam City Cement PLC, Thailand
- Dr Ramakrishna Prasad Power Pvt Ltd - India
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- Formosa Plastics Group - Taiwan
- Mjunction Services Limited - India
- Global Green Power PLC Corporation, Philippines
- Leighton Contractors Pty Ltd - Australia
- Australian Coal Association
- Asmin Koalindo Tuhup - Indonesia
- Simpson Spence & Young - Indonesia
- Orica Australia Pty. Ltd.
- Star Paper Mills Limited - India
- Grasim Industreis Ltd - India
- Energy Development Corp, Philippines
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Directorate General of MIneral and Coal - Indonesia
- PowerSource Philippines DevCo
- South Luzon Thermal Energy Corporation
- Oldendorff Carriers - Singapore
- Singapore Mercantile Exchange
- Petrochimia International Co. Ltd.- Taiwan
- Offshore Bulk Terminal Pte Ltd, Singapore
- The Treasury - Australian Government
- Banpu Public Company Limited - Thailand
- Energy Link Ltd, New Zealand
- Vizag Seaport Private Limited - India
- Bulk Trading Sa - Switzerland
- Antam Resourcindo - Indonesia
- Pendopo Energi Batubara - Indonesia
- Parliament of New Zealand
- Sinarmas Energy and Mining - Indonesia
- Billiton Holdings Pty Ltd - Australia
- Ministry of Transport, Egypt
- Toyota Tsusho Corporation, Japan
- Vedanta Resources Plc - India
- Savvy Resources Ltd - HongKong
- Indonesian Coal Mining Association
- Kepco SPC Power Corporation, Philippines
- Power Finance Corporation Ltd., India
- Sakthi Sugars Limited - India
- Iligan Light & Power Inc, Philippines
- Central Java Power - Indonesia
- Karbindo Abesyapradhi - Indoneisa
- Kumho Petrochemical, South Korea
- Bhoruka Overseas - Indonesia
- Bukit Baiduri Energy - Indonesia
- India Bulls Power Limited - India
- Bangladesh Power Developement Board
- Orica Mining Services - Indonesia
- Thai Mozambique Logistica
- Kobexindo Tractors - Indoneisa
- Bayan Resources Tbk. - Indonesia
- Latin American Coal - Colombia
- LBH Netherlands Bv - Netherlands
- Barasentosa Lestari - Indonesia
- Semirara Mining Corp, Philippines
- Carbofer General Trading SA - India
- Indo Tambangraya Megah - Indonesia
- Riau Bara Harum - Indonesia
- Deloitte Consulting - India
- Vijayanagar Sugar Pvt Ltd - India
- Economic Council, Georgia
- Salva Resources Pvt Ltd - India
- CIMB Investment Bank - Malaysia
- Krishnapatnam Port Company Ltd. - India
- Agrawal Coal Company - India
- Karaikal Port Pvt Ltd - India
- Renaissance Capital - South Africa
- Therma Luzon, Inc, Philippines
- Central Electricity Authority - India
- Mercuria Energy - Indonesia
- Ministry of Mines - Canada
- Indika Energy - Indonesia
- GVK Power & Infra Limited - India
- New Zealand Coal & Carbon
- Essar Steel Hazira Ltd - India
- Edison Trading Spa - Italy
- SMG Consultants - Indonesia
- Ambuja Cements Ltd - India
- ICICI Bank Limited - India
- Ceylon Electricity Board - Sri Lanka
- Directorate Of Revenue Intelligence - India
- Sarangani Energy Corporation, Philippines
- SMC Global Power, Philippines
- GN Power Mariveles Coal Plant, Philippines
- Bank of Tokyo Mitsubishi UFJ Ltd
- Minerals Council of Australia
- Sree Jayajothi Cements Limited - India
- Port Waratah Coal Services - Australia
- Mercator Lines Limited - India
- VISA Power Limited - India
- Sical Logistics Limited - India
- Marubeni Corporation - India
- Mintek Dendrill Indonesia
- Makarim & Taira - Indonesia
- Siam City Cement - Thailand
- MS Steel International - UAE
- Bukit Makmur.PT - Indonesia
- Rashtriya Ispat Nigam Limited - India
- Xindia Steels Limited - India
- Lanco Infratech Ltd - India
- Uttam Galva Steels Limited - India
- Bukit Asam (Persero) Tbk - Indonesia
- Kaltim Prima Coal - Indonesia
- Posco Energy - South Korea
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Electricity Authority, New Zealand
- Cigading International Bulk Terminal - Indonesia
- Trasteel International SA, Italy
- Price Waterhouse Coopers - Russia
- Madhucon Powers Ltd - India
- Semirara Mining and Power Corporation, Philippines
- Aditya Birla Group - India
- The University of Queensland
- Global Coal Blending Company Limited - Australia
- Africa Commodities Group - South Africa
- Bhatia International Limited - India
- Straits Asia Resources Limited - Singapore
- CNBM International Corporation - China
- Malabar Cements Ltd - India
- Gujarat Electricity Regulatory Commission - India
- Samtan Co., Ltd - South Korea
- Australian Commodity Traders Exchange
- Bharathi Cement Corporation - India
- Coastal Gujarat Power Limited - India
- Cement Manufacturers Association - India
- SN Aboitiz Power Inc, Philippines
- Kartika Selabumi Mining - Indonesia
- Coal and Oil Company - UAE
- PTC India Limited - India
- Eastern Coal Council - USA
- TNB Fuel Sdn Bhd - Malaysia
- Alfred C Toepfer International GmbH - Germany
- Kalimantan Lumbung Energi - Indonesia
- Borneo Indobara - Indonesia
- Indian Oil Corporation Limited
- Binh Thuan Hamico - Vietnam
- Baramulti Group, Indonesia
- San Jose City I Power Corp, Philippines
- European Bulk Services B.V. - Netherlands
- Independent Power Producers Association of India
- PetroVietnam Power Coal Import and Supply Company
- Meenaskhi Energy Private Limited - India
- Ind-Barath Power Infra Limited - India
- Ministry of Finance - Indonesia
- PNOC Exploration Corporation - Philippines
- Tamil Nadu electricity Board
- IEA Clean Coal Centre - UK
- OPG Power Generation Pvt Ltd - India
- McConnell Dowell - Australia
- Metalloyd Limited - United Kingdom
- Tata Chemicals Ltd - India
- Wilmar Investment Holdings
- Sindya Power Generating Company Private Ltd
- Medco Energi Mining Internasional
- Timah Investasi Mineral - Indoneisa
- Indian Energy Exchange, India
- London Commodity Brokers - England
- Attock Cement Pakistan Limited
- The State Trading Corporation of India Ltd
- Globalindo Alam Lestari - Indonesia
- Thiess Contractors Indonesia
- Standard Chartered Bank - UAE
- Wood Mackenzie - Singapore
- Parry Sugars Refinery, India
- Heidelberg Cement - Germany
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