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More About This Title Mining Law & Regulatory Practice in Indonesia: A Primary Reference Source
English
As the growing Indonesian mining industry attracts new investment from foreign mining companies, those companies are faced with the daunting challenge of unraveling the hugely confusing and complex plethora of local laws and regulations that govern the industry. Until now, there has been no comprehensive English-language guide to Indonesia's mining laws that western companies could turn to for reliable guidance and advice. This detailed reference fills that gap for the mining companies, advisors, and consultants who must navigate this confusing and growing web of regulation on a daily basis.
The only English-language reference on the subject of Indonesian mining lawA valuable guide for anyone in the mining industry currently doing business or intending to do business in IndonesiaWritten by a highly regarded legal expert with deep experience in the Indonesian mining industryCombines all the relevant regulations in one comprehensive guideIdeal for professionals in the mining industry, as well as academics, government institutions, policy makers, and industry associations, Mining Law & Regulatory Practice in Indonesia is the perfect guide for an underserved market.
English
William A. Sullivan is a Licensed Foreign Advocate in Indonesia as well as a Solicitor of the Supreme Court of New South Wales; a Solicitor of the High Court of Australia; an attorney and counselor-at-law in all courts of the State of New York; an attorney and counselor-at-law in the United States District Court for the Southern and Eastern Districts; a Solicitor of the Supreme Court of England and Wales; and a Solicitor of the Supreme Court of Hong Kong, admitted to practice in each of these jurisdictions. Bill's first involvement with Indonesia came in the early 1990s when he was seconded by an Australian law firm to a leading Indonesian law firm to provide international legal expertise in corporate and securities with a particular emphasis on corporate restructuring, the development of new financial products, debt and equity raisings, and other capital markets projects. He also acted for multinational corporations with substantial investments in Indonesia and for Indonesian companies pursuing major domestic and foreign investments, particularly in the oil and gas and hotel industries. From 1999 to 2000, Bill acted as the Australian government-funded technical adviser on debt restructuring matters to Bank Indonesia (the Indonesian central bank). Since 2006, Bill has concentrated increasingly on the Indonesian mining, energy, and resources sector. He has been involved in the negotiation, structuring, and documentation of numerous coal, gold, iron ore, and mineral sands project acquisitions, financings, and investments. This work has also included both advising upstream oil and gas companies in connection with their existing operations as well as advising foreign independent oil and gas companies on potential new investments in Indonesia, particularly in the coal bed methane gas sector.
English
Preface xiii
Acknowledgments xvii
CHAPTER 1 Overview of Mining Regime 1
I Prevailing Laws and Regulations 1
II Former Mining Regime 3
III CoWs/CCoWs 3
IV Regional Autonomy 5
V Mining Activities 6
VI Mining Areas 6
VII Mining Licenses 7
VIII Procedures for Obtaining WIUPs and IUPs 11
IX Rights and Obligations of IUP Holders 12
X Domestic Market Obligation 15
XI Divestiture of Shares Requirement 16
XII Procedures for Minerals and Coal Benchmark Price Determination 17
XIII Domestic Processing and Refining 19
XIV Direction and Supervision of the Management and Implementation of Mining Business 22
XV Transitional Provisions for Existing KPs, CoWs, and CCoWs 23
XVI Mining Services 24
CHAPTER 2 2009 Mining Law 25
I Executive Summary 25
II Details of Main Provisions 26
CHAPTER 3 Mining Area Determination 43
I Executive Summary 43
II Details of Main Provisions 44
CHAPTER 4 Mining Services Regulation 53
I Executive Summary 53
II Details of Main Provisions 55
CHAPTER 5 Affiliated Mining Services Provider Regulation 65
I Executive Summary 65
II Details of Main Provisions 67
CHAPTER 6 Prioritization of Domestic Interest Regulation 71
I Executive Summary 71
II Details of Main Provisions 72
CHAPTER 7 Domestic Coal Supply Decree 2013 79
I Executive Summary 79
II Details of Main Provisions 79
CHAPTER 8 Coal and Mineral Mining Enterprise Activities Regulation 83
I Executive Summary 83
II Details of Main Provisions 85
CHAPTER 9 Mining Direction and Supervision Regulation 107
I Executive Summary 107
II Details of Main Provisions 108
CHAPTER 10 Benchmark Price Determination Regulation 117
I Executive Summary 117
II Details of Main Provisions 119
Appendix 1: Coal Adjustment Cost for HPB RE Sales of Coal by Way of FOB Barge 131
Appendix 2: Cost Adjustment for HPB RE Sales of Coal in One Island to the End User 132
CHAPTER 11 Benchmark Price Formulae Regulation 135
I Executive Summary 135
II Details of Main Provisions 136
Appendix 1: Formula for Steaming Coal Benchmark Price 139
Appendix 2: Coal Benchmark Price Reference Formula for Steaming Coal Based on Brand Name 142
Appendix 3: Formula for Coking Coal Benchmark Price 145
CHAPTER 12 Reclamation and Post-Mining Activities Regulation 147
I Executive Summary 147
II Details of Main Provisions 149
CHAPTER 13 CoW and CCoW Change of Investment Regulation 159
I Executive Summary 159
II Details of Main Provisions 160
CHAPTER 14 Extractive Industry Income Transparency Regulation 167
I Executive Summary 167
II Details of Main Provisions 168
CHAPTER 15 Increase of Added Value of Minerals through Processing and Refining of Minerals Regulation 173
I Executive Summary 173
II Details of Main Provisions 177
Appendix 1: Minimum Processing and Refining Specifications for Metal Mineral Products 188
Appendix 2: Minimum Processing and Refining Specifications for Nonmetal Mineral Products 191
Appendix 3: Minimum Processing and Refining Specifications for Rock Mineral Products 192
CHAPTER 16 Regulation Amending Mineral and Coal Mining Enterprise Activities Regulation 193
I Executive Summary 193
II Details of Main Provisions 195
CHAPTER 17 Mineral Products Export Requirements Regulation 201
I Executive Summary 201
II Details of Main Provisions 202
Appendix 1: Certain Mineral Products Subject to MOTR 29/2012 210
CHAPTER 18 Export Tax Regulation 213
I Executive Summary 213
II Details of Main Provisions 214
III Attachment IV of MoFR 75/2012: Certain Mineral Products Subject to Export Tax 216
CHAPTER 19 Regulation Amending Mining Services Regulation 219
I Executive Summary 219
II Details of Main Provisions 221
Appendix 1A: Types, Sectors, and Subsectors of Mining Services Business Activities 229
Appendix 1B: Types of Non-Core Mining Services Business Activities 232
CHAPTER 20 Acceleration of Domestic Processing and Refining Instruction 233
I Executive Summary 233
II Details of Main Provisions 235
CHAPTER 21 Draft Procedures for Issuing Special Production IUPs for Processing and Refining and Transportation and Sales Regulation 239
I Executive Summary 239
II Details of Main Provisions 241
CHAPTER 22 Draft Guidelines for Licensing of Metal Mineral and Coal Business Activities Regulation 267
I Executive Summary 267
II Details of Main Provisions 269
CHAPTER 23 Draft Guidelines for Licensing of Nonmetal Mineral and Rock Mining Business Activities Regulation 323
I Executive Summary 323
II Details of Main Provisions 325
CHAPTER 24 Draft Mining Business Employees, Goods, and Services Procurement Regulation 347
I Executive Summary 347
II Details of Main Provisions 349
CHAPTER 25 Draft Community Development and Empowerment Regulation 363
I Executive Summary 363
II Details of Main Provisions 365
CHAPTER 26 Draft Coal Value Added Regulation 373
I Executive Summary 373
II Details of Main Provisions 375
Appendix 1: Minimum Calorific Requirement 381
CHAPTER 27 Overview of the Forestry Regime 383
I Relevant Laws and Regulations 383
II Categorization of Forest Areas in Indonesia 384
III The Key Definitions for Forest Areas 385
IV Key Licenses for Forest Activities 386
V Carrying on Mining Activities in a Forest Area 386
VI General Description of Rent Use Permits 387
VII Steps Involved in Obtaining a Rent Use Permit and Related Licenses 388
CHAPTER 28 Forest Area Function and Purpose Regulation 405
I Executive Summary 405
II Details of Main Provisions 407
CHAPTER 29 Forest Area Utilization Regulation 419
I Executive Summary 419
II Details of Main Provisions 421
CHAPTER 30 Rent Use Permit Regulation 429
I Executive Summary 429
II Details of Main Provisions 431
CHAPTER 31 Forest License Moratorium Instruction 451
I Executive Summary 451
II Details of Main Provisions 452
CHAPTER 32 Forest Area Utilization for Underground Mining Activities Regulation 455
I Executive Summary 455
II Details of Main Provisions 456
CHAPTER 33 Procedures for Alteration of the Usage and Function of Forest Areas Amendment Regulation 463
I Executive Summary 463
II Details of Main Provisions 464
CHAPTER 34 Usage of Forest Areas Amendment Regulation 467
I Executive Summary 467
II Detail of Main Provisions 468
CHAPTER 35 Second Amendment Regulation re Guidelines for Rent Use of Forest Areas 471
I Executive Summary 471
II Details of Main Provisions 473
Glossary of Defined Terms 481
Index 491
