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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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Wednesday, 12 June 24
CHINA ACCOUNTS FOR 16.3% OF AUSTRALIA'S COAL EXPORTS, FOLLOWED BY INDIA 14.4% - BANCHERO COSTA
Global coal trade has really picked up pace in recent months, and is now fully back to pre-Covid levels says Banchero Costa in its latest report.
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Wednesday, 12 June 24
LNG NEWBUILDING VALUES AT RECORD HIGH: 78 NEWBUILD ORDERS PLACED IN 2024, DOUBLING 2023 - VESON NAUTICAL
The number of LNG newbuilding orders have more than doubled from the same period last year where 34 orders were placed, compared to 78 in the first ...
Monday, 10 June 24
CHINA'S MAY COAL IMPORTS RISE 11% ON LOWER DOMESTIC OUTPUT - REUTERS
China’s imports of coal rose 11% in May from a year earlier, customs data and Reuters records showed on Friday, as lower domestic output this ...
Tuesday, 04 June 24
HOW DO WESTERN SANCTIONS ON RUSSIA IMPACT THE GLOBAL METALS, MINING AND COAL MARKETS - WOOD MACKENZIE
The geopolitical landscape for Russia, as a major supplier of various commodities, has undergone a dramatic transformation since the invasion of Uk ...
Friday, 22 March 24
CASE STUDY: DANGERS OF COAL CARGO - SKULD
Recently, a bulk cargo vessel carrying coal from South Africa to Singapore suffered a fatal accident, resulting in the deaths of three crew members ...
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Showing 21 to 25 news of total 6871 |
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- Parry Sugars Refinery, India
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Thiess Contractors Indonesia
- Indo Tambangraya Megah - Indonesia
- Energy Link Ltd, New Zealand
- Price Waterhouse Coopers - Russia
- White Energy Company Limited
- Alfred C Toepfer International GmbH - Germany
- Singapore Mercantile Exchange
- Coalindo Energy - Indonesia
- Ministry of Finance - Indonesia
- Cement Manufacturers Association - India
- Maheswari Brothers Coal Limited - India
- Power Finance Corporation Ltd., India
- Kumho Petrochemical, South Korea
- Vijayanagar Sugar Pvt Ltd - India
- PetroVietnam Power Coal Import and Supply Company
- Larsen & Toubro Limited - India
- Global Coal Blending Company Limited - Australia
- Port Waratah Coal Services - Australia
- VISA Power Limited - India
- LBH Netherlands Bv - Netherlands
- Kaltim Prima Coal - Indonesia
- Krishnapatnam Port Company Ltd. - India
- Bukit Baiduri Energy - Indonesia
- OPG Power Generation Pvt Ltd - India
- Therma Luzon, Inc, Philippines
- Bahari Cakrawala Sebuku - Indonesia
- Holcim Trading Pte Ltd - Singapore
- Deloitte Consulting - India
- Binh Thuan Hamico - Vietnam
- Siam City Cement - Thailand
- Mercuria Energy - Indonesia
- Star Paper Mills Limited - India
- Electricity Authority, New Zealand
- Makarim & Taira - Indonesia
- TeaM Sual Corporation - Philippines
- Dalmia Cement Bharat India
- The Treasury - Australian Government
- Agrawal Coal Company - India
- Chamber of Mines of South Africa
- Aboitiz Power Corporation - Philippines
- Jindal Steel & Power Ltd - India
- Maharashtra Electricity Regulatory Commission - India
- Globalindo Alam Lestari - Indonesia
- Mercator Lines Limited - India
- Anglo American - United Kingdom
- Ministry of Mines - Canada
- Marubeni Corporation - India
- Merrill Lynch Commodities Europe
- Kideco Jaya Agung - Indonesia
- Attock Cement Pakistan Limited
- Bayan Resources Tbk. - Indonesia
- ICICI Bank Limited - India
- Tata Chemicals Ltd - India
- Romanian Commodities Exchange
- Wilmar Investment Holdings
- Leighton Contractors Pty Ltd - Australia
- GMR Energy Limited - India
- Indogreen Group - Indonesia
- Parliament of New Zealand
- Iligan Light & Power Inc, Philippines
- Orica Mining Services - Indonesia
- Eastern Coal Council - USA
- Samtan Co., Ltd - South Korea
- European Bulk Services B.V. - Netherlands
- Salva Resources Pvt Ltd - India
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Ceylon Electricity Board - Sri Lanka
- MS Steel International - UAE
- Riau Bara Harum - Indonesia
- Sree Jayajothi Cements Limited - India
- Eastern Energy - Thailand
- Trasteel International SA, Italy
- Oldendorff Carriers - Singapore
- Bhushan Steel Limited - India
- Kapuas Tunggal Persada - Indonesia
- Australian Commodity Traders Exchange
- Global Green Power PLC Corporation, Philippines
- Uttam Galva Steels Limited - India
- Grasim Industreis Ltd - India
- Xindia Steels Limited - India
- Posco Energy - South Korea
- PowerSource Philippines DevCo
- Jorong Barutama Greston.PT - Indonesia
- Minerals Council of Australia
- Meralco Power Generation, Philippines
- Karaikal Port Pvt Ltd - India
- Rashtriya Ispat Nigam Limited - India
- IHS Mccloskey Coal Group - USA
- Chettinad Cement Corporation Ltd - India
- Indonesian Coal Mining Association
- Bulk Trading Sa - Switzerland
- Neyveli Lignite Corporation Ltd, - India
- Tamil Nadu electricity Board
- Bhatia International Limited - India
- Thai Mozambique Logistica
- IEA Clean Coal Centre - UK
- International Coal Ventures Pvt Ltd - India
- SMC Global Power, Philippines
- GAC Shipping (India) Pvt Ltd
- Sinarmas Energy and Mining - Indonesia
- SMG Consultants - Indonesia
- Commonwealth Bank - Australia
- Mintek Dendrill Indonesia
- GN Power Mariveles Coal Plant, Philippines
- Bank of Tokyo Mitsubishi UFJ Ltd
- Indika Energy - Indonesia
- Simpson Spence & Young - Indonesia
- Offshore Bulk Terminal Pte Ltd, Singapore
- SN Aboitiz Power Inc, Philippines
- Planning Commission, India
- Global Business Power Corporation, Philippines
- Manunggal Multi Energi - Indonesia
- Bhoruka Overseas - Indonesia
- Energy Development Corp, Philippines
- Sarangani Energy Corporation, Philippines
- The University of Queensland
- Kohat Cement Company Ltd. - Pakistan
- AsiaOL BioFuels Corp., Philippines
- Latin American Coal - Colombia
- Miang Besar Coal Terminal - Indonesia
- Petron Corporation, Philippines
- GVK Power & Infra Limited - India
- Videocon Industries ltd - India
- McConnell Dowell - Australia
- Malabar Cements Ltd - India
- Central Java Power - Indonesia
- Banpu Public Company Limited - Thailand
- Medco Energi Mining Internasional
- Barasentosa Lestari - Indonesia
- Renaissance Capital - South Africa
- Billiton Holdings Pty Ltd - Australia
- CIMB Investment Bank - Malaysia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Ind-Barath Power Infra Limited - India
- Orica Australia Pty. Ltd.
- Independent Power Producers Association of India
- Gujarat Electricity Regulatory Commission - India
- ASAPP Information Group - India
- Petrochimia International Co. Ltd.- Taiwan
- Madhucon Powers Ltd - India
- Goldman Sachs - Singapore
- Savvy Resources Ltd - HongKong
- TNB Fuel Sdn Bhd - Malaysia
- Pipit Mutiara Jaya. PT, Indonesia
- Electricity Generating Authority of Thailand
- Kepco SPC Power Corporation, Philippines
- The State Trading Corporation of India Ltd
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Ministry of Transport, Egypt
- Antam Resourcindo - Indonesia
- San Jose City I Power Corp, Philippines
- Africa Commodities Group - South Africa
- Rio Tinto Coal - Australia
- Borneo Indobara - Indonesia
- Bukit Asam (Persero) Tbk - Indonesia
- Kalimantan Lumbung Energi - Indonesia
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Carbofer General Trading SA - India
- Ambuja Cements Ltd - India
- Coastal Gujarat Power Limited - India
- Kartika Selabumi Mining - Indonesia
- Bangladesh Power Developement Board
- Sindya Power Generating Company Private Ltd
- Intertek Mineral Services - Indonesia
- Kobexindo Tractors - Indoneisa
- Altura Mining Limited, Indonesia
- Gujarat Mineral Development Corp Ltd - India
- Gujarat Sidhee Cement - India
- Interocean Group of Companies - India
- Directorate General of MIneral and Coal - Indonesia
- Lanco Infratech Ltd - India
- Edison Trading Spa - Italy
- Aditya Birla Group - India
- Vizag Seaport Private Limited - India
- Semirara Mining and Power Corporation, Philippines
- Indian Energy Exchange, India
- Baramulti Group, Indonesia
- Metalloyd Limited - United Kingdom
- Jaiprakash Power Ventures ltd
- Pendopo Energi Batubara - Indonesia
- Heidelberg Cement - Germany
- PNOC Exploration Corporation - Philippines
- Georgia Ports Authority, United States
- Formosa Plastics Group - Taiwan
- Australian Coal Association
- Indian Oil Corporation Limited
- CNBM International Corporation - China
- Mjunction Services Limited - India
- Coal and Oil Company - UAE
- Central Electricity Authority - India
- Bharathi Cement Corporation - India
- Sojitz Corporation - Japan
- PTC India Limited - India
- Economic Council, Georgia
- Bukit Makmur.PT - Indonesia
- India Bulls Power Limited - India
- Essar Steel Hazira Ltd - India
- London Commodity Brokers - England
- Asmin Koalindo Tuhup - Indonesia
- Wood Mackenzie - Singapore
- Toyota Tsusho Corporation, Japan
- South Luzon Thermal Energy Corporation
- Vedanta Resources Plc - India
- Semirara Mining Corp, Philippines
- Timah Investasi Mineral - Indoneisa
- Standard Chartered Bank - UAE
- Straits Asia Resources Limited - Singapore
- Meenaskhi Energy Private Limited - India
- Siam City Cement PLC, Thailand
- Directorate Of Revenue Intelligence - India
- Cigading International Bulk Terminal - Indonesia
- New Zealand Coal & Carbon
- Sakthi Sugars Limited - India
- Sical Logistics Limited - India
- Karbindo Abesyapradhi - Indoneisa
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