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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, 23 June 15
FOB RICHARDS BAY COAL SWAP HAS REMAINED STEADY OVER THE PAST WEEK
COALspot.com: API4 FOB Richards Bay Coal swap for delivery Q3' 2015 rose month over month and week over week.
The Q3 swap was up US$ 2.32 ...
Monday, 22 June 15
BORYEONG POWER PLANT TO IMPORT 140K MT OF LCV COAL FOR AUGUST - SEPTEMBER 2015
COALspot.com: South Korean state-owned utility Korea Midland Power (KOMIPO) issued an new tender to purchase 140K Metric Tons (MT) of LCV coal for ...
Monday, 22 June 15
CFR SOUTH CHINA COAL SWAP: UP MONTH OVER MONTH; DOWN WEEK OVER WEEK
COALspot.com: API 8 CFR South China Coal swap for Q3’ 2015 delivery rose US$ 0.30 (0.58%) per MT month over month.
A commodity swap is a ...
Monday, 22 June 15
FOB NEWCASTLE COAL SWAP: UP WEEK OVER WEEK AND MONTH OVER MONTH
COALspot.com: API 5 FOB Newcastle Coal swap for Q3’ 2015 delivery up $ 0.54 per MT (1.19%) month over month to US$ 45.87 per mt. The swap was ...
Sunday, 21 June 15
SPOT RATE AVERAGES FOR FREIGHT FROM INDONESIA TO INDIA REMAIN STRONG THIS WEEK
COALspot.com: The freight market was quite firm this week compared to last week. The BDI was up 21% week on week and closed at 779 points. The cape ...
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- Independent Power Producers Association of India
- Baramulti Group, Indonesia
- Bulk Trading Sa - Switzerland
- Standard Chartered Bank - UAE
- Energy Development Corp, Philippines
- Rio Tinto Coal - Australia
- Bhushan Steel Limited - India
- Antam Resourcindo - Indonesia
- Semirara Mining and Power Corporation, Philippines
- Semirara Mining Corp, Philippines
- Tamil Nadu electricity Board
- Bukit Makmur.PT - Indonesia
- New Zealand Coal & Carbon
- Rashtriya Ispat Nigam Limited - India
- Jorong Barutama Greston.PT - Indonesia
- Energy Link Ltd, New Zealand
- Directorate General of MIneral and Coal - Indonesia
- Jaiprakash Power Ventures ltd
- Deloitte Consulting - India
- Ambuja Cements Ltd - India
- Aditya Birla Group - India
- ASAPP Information Group - India
- Gujarat Mineral Development Corp Ltd - India
- Bukit Asam (Persero) Tbk - Indonesia
- Indian Oil Corporation Limited
- PTC India Limited - India
- Larsen & Toubro Limited - India
- PNOC Exploration Corporation - Philippines
- Kumho Petrochemical, South Korea
- Banpu Public Company Limited - Thailand
- Thiess Contractors Indonesia
- Dalmia Cement Bharat India
- Wilmar Investment Holdings
- Indo Tambangraya Megah - Indonesia
- Chamber of Mines of South Africa
- Siam City Cement - Thailand
- Minerals Council of Australia
- Kapuas Tunggal Persada - Indonesia
- Economic Council, Georgia
- VISA Power Limited - India
- Renaissance Capital - South Africa
- Thai Mozambique Logistica
- Indogreen Group - Indonesia
- The Treasury - Australian Government
- Holcim Trading Pte Ltd - Singapore
- Directorate Of Revenue Intelligence - India
- GAC Shipping (India) Pvt Ltd
- Coalindo Energy - Indonesia
- PowerSource Philippines DevCo
- Sarangani Energy Corporation, Philippines
- Ministry of Transport, Egypt
- Lanco Infratech Ltd - India
- Krishnapatnam Port Company Ltd. - India
- SMC Global Power, Philippines
- Bangladesh Power Developement Board
- Central Electricity Authority - India
- Billiton Holdings Pty Ltd - Australia
- IEA Clean Coal Centre - UK
- Grasim Industreis Ltd - India
- Bhoruka Overseas - Indonesia
- Wood Mackenzie - Singapore
- Mercuria Energy - Indonesia
- Simpson Spence & Young - Indonesia
- Edison Trading Spa - Italy
- Asmin Koalindo Tuhup - Indonesia
- Global Green Power PLC Corporation, Philippines
- Altura Mining Limited, Indonesia
- Planning Commission, India
- Maharashtra Electricity Regulatory Commission - India
- Binh Thuan Hamico - Vietnam
- Trasteel International SA, Italy
- Marubeni Corporation - India
- Borneo Indobara - Indonesia
- Eastern Energy - Thailand
- Karaikal Port Pvt Ltd - India
- Karbindo Abesyapradhi - Indoneisa
- Global Business Power Corporation, Philippines
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Gujarat Electricity Regulatory Commission - India
- India Bulls Power Limited - India
- Timah Investasi Mineral - Indoneisa
- Africa Commodities Group - South Africa
- Bank of Tokyo Mitsubishi UFJ Ltd
- OPG Power Generation Pvt Ltd - India
- Chettinad Cement Corporation Ltd - India
- Orica Australia Pty. Ltd.
- Siam City Cement PLC, Thailand
- Bharathi Cement Corporation - India
- Maheswari Brothers Coal Limited - India
- The State Trading Corporation of India Ltd
- Uttam Galva Steels Limited - India
- Tata Chemicals Ltd - India
- Aboitiz Power Corporation - Philippines
- Pendopo Energi Batubara - Indonesia
- Offshore Bulk Terminal Pte Ltd, Singapore
- Intertek Mineral Services - Indonesia
- Savvy Resources Ltd - HongKong
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Ceylon Electricity Board - Sri Lanka
- International Coal Ventures Pvt Ltd - India
- Romanian Commodities Exchange
- Videocon Industries ltd - India
- Jindal Steel & Power Ltd - India
- Coastal Gujarat Power Limited - India
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Kepco SPC Power Corporation, Philippines
- Petrochimia International Co. Ltd.- Taiwan
- White Energy Company Limited
- Sakthi Sugars Limited - India
- Meralco Power Generation, Philippines
- Kaltim Prima Coal - Indonesia
- Pipit Mutiara Jaya. PT, Indonesia
- Global Coal Blending Company Limited - Australia
- Riau Bara Harum - Indonesia
- ICICI Bank Limited - India
- Eastern Coal Council - USA
- European Bulk Services B.V. - Netherlands
- Bhatia International Limited - India
- Toyota Tsusho Corporation, Japan
- Meenaskhi Energy Private Limited - India
- Straits Asia Resources Limited - Singapore
- Commonwealth Bank - Australia
- Manunggal Multi Energi - Indonesia
- Sical Logistics Limited - India
- Vizag Seaport Private Limited - India
- Sinarmas Energy and Mining - Indonesia
- Formosa Plastics Group - Taiwan
- Oldendorff Carriers - Singapore
- Cigading International Bulk Terminal - Indonesia
- Samtan Co., Ltd - South Korea
- Alfred C Toepfer International GmbH - Germany
- Electricity Generating Authority of Thailand
- Makarim & Taira - Indonesia
- Globalindo Alam Lestari - Indonesia
- Interocean Group of Companies - India
- AsiaOL BioFuels Corp., Philippines
- Essar Steel Hazira Ltd - India
- Power Finance Corporation Ltd., India
- Ind-Barath Power Infra Limited - India
- Ministry of Finance - Indonesia
- Bahari Cakrawala Sebuku - Indonesia
- Ministry of Mines - Canada
- Anglo American - United Kingdom
- Xindia Steels Limited - India
- Petron Corporation, Philippines
- Gujarat Sidhee Cement - India
- Malabar Cements Ltd - India
- Electricity Authority, New Zealand
- Bukit Baiduri Energy - Indonesia
- Mjunction Services Limited - India
- Georgia Ports Authority, United States
- CIMB Investment Bank - Malaysia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- GN Power Mariveles Coal Plant, Philippines
- London Commodity Brokers - England
- The University of Queensland
- Australian Commodity Traders Exchange
- Coal and Oil Company - UAE
- TNB Fuel Sdn Bhd - Malaysia
- Latin American Coal - Colombia
- Posco Energy - South Korea
- Star Paper Mills Limited - India
- TeaM Sual Corporation - Philippines
- Madhucon Powers Ltd - India
- Price Waterhouse Coopers - Russia
- Medco Energi Mining Internasional
- Cement Manufacturers Association - India
- Indika Energy - Indonesia
- Orica Mining Services - Indonesia
- Sojitz Corporation - Japan
- Vedanta Resources Plc - India
- Sindya Power Generating Company Private Ltd
- Kalimantan Lumbung Energi - Indonesia
- Metalloyd Limited - United Kingdom
- Kartika Selabumi Mining - Indonesia
- Kideco Jaya Agung - Indonesia
- MS Steel International - UAE
- Heidelberg Cement - Germany
- Salva Resources Pvt Ltd - India
- Goldman Sachs - Singapore
- GVK Power & Infra Limited - India
- Port Waratah Coal Services - Australia
- Neyveli Lignite Corporation Ltd, - India
- McConnell Dowell - Australia
- Bayan Resources Tbk. - Indonesia
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- SN Aboitiz Power Inc, Philippines
- Leighton Contractors Pty Ltd - Australia
- Australian Coal Association
- LBH Netherlands Bv - Netherlands
- Parliament of New Zealand
- Barasentosa Lestari - Indonesia
- Indian Energy Exchange, India
- South Luzon Thermal Energy Corporation
- Singapore Mercantile Exchange
- Mintek Dendrill Indonesia
- Indonesian Coal Mining Association
- San Jose City I Power Corp, Philippines
- Miang Besar Coal Terminal - Indonesia
- Kobexindo Tractors - Indoneisa
- Agrawal Coal Company - India
- Central Java Power - Indonesia
- CNBM International Corporation - China
- Mercator Lines Limited - India
- Iligan Light & Power Inc, Philippines
- IHS Mccloskey Coal Group - USA
- Vijayanagar Sugar Pvt Ltd - India
- PetroVietnam Power Coal Import and Supply Company
- Therma Luzon, Inc, Philippines
- Attock Cement Pakistan Limited
- GMR Energy Limited - India
- SMG Consultants - Indonesia
- Sree Jayajothi Cements Limited - India
- Merrill Lynch Commodities Europe
- Parry Sugars Refinery, India
- Carbofer General Trading SA - India
- Kohat Cement Company Ltd. - Pakistan
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