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We can help you develop a risk management and dispute resolution strategy. Devine, Norman S. Bissett and Muhammad Karnova Indonesia June 16 A barge is loaded with coal at a loading terminal on the Mahakam River, near Samarinda, East Kalimantan. Photo courtesy of David Fogarty.

A large coal pit stands abandoned near the East Kalimantan village of Makroman, where residents accuse mining company CV Arjuna of refusing to rehabilitate and reclaim mining site. Miners dig deep, open pits, clearing forests and farmlands to extract coal from thick, black seams, which is then crushed and loaded onto trucks and barges for shipment to China, India, Japan and other destinations in Asia.

India and China are the top two buyers. Coal taxes are a vital source of revenue for the country, helping plug a budget deficit running at about 3 percent of gross domestic product. But with this success has come a multitude of ills, including large-scale deforestation, water pollution, conflict with local and indigenous communities and health costs from coal dust.

Add to this corruption, tax evasion, illegal mining and illegal exports, which are costing the government millions of dollars in revenue. The industry is becoming a threat to itself, the economy and the national and global environment. Burning coal is the single largest source of carbon dioxide emissions blamed for climate change.

In response, the central government has launched a major drive to clean up the sector and weed out the worst players, mostly small mining companies, but it remains to be seen if the authorities can claw back greater control. About half the coal comes from the resource-rich province of East Kalimantan. To get a sense of the scale of the industry, you only need to stand on the main bridge across the Mahakam river, which flows through the provincial capital Samarinda.

Barges the size of an Olympic swimming pool flow past every few minutes, pulled by tugboats to bulk carriers waiting along the coast nearby. Each barge carries about 8, tons of coal, most loaded up river from myriad coal terminals that jut out into the river. Samarinda is ringed by coal mines and vast coal stockpiles that constantly feed the barges via conveyer belts. About 60 million Indonesians are not connected to the grid and the government is pushing rapid investment in coal-fired power stations to fix power shortages.

Like the resource booms of oil and gas, logging and oil palm before it, coal is regarded as a quick and easy fix and a cash cow, with environmental concerns often secondary. NGOs say Indonesia needs to focus more on renewable energy investment and curbing conflict between mines and local communities, whose land is increasingly under threat.

To clean up the sector, the government has called in the Corruption Eradication Commission KPK , which is leading a sweeping review of mining permits. In another major initiative, new trade rules that took effect Oct. Combined, Tjahjono hopes both initiatives will lead to a leaner, more tightly regulated sector. And, depending on where global coal prices go, more mines could come on line. Our prediction for , we will have very serious environmental damage.

According to the Ministry of Energy and Mineral Resources, there are 3, permits for coal exploration, operations and production across the country. Central and local governments do not have the resources to monitor these permits, analysts, NGOs and the ministry say.

Of the total permits, 1, are listed as non-clean and clear because of irregularities, such as mines overlapping with other mining or agricultural concessions, the ministry says. A province-by-province analysis of all coal permits shows they totaled just over 21 million hectares in , roughly the size of the US state of Kansas or three times the size of the Republic of Ireland.

While many of these will never become mines, the scale highlights the risk of social conflict and environmental damage in a country with million people, many of whom rely on farmland, forests and rivers for their livelihoods and customs. Photo courtesy of David Fogarty A large coal pit stands abandoned near the East Kalimantan village of Makroman, where residents accuse mining company CV Arjuna of refusing to rehabilitate and reclaim mining site. Most of the problems are at the district level.

Regional autonomy laws gave districts much greater powers, and this triggered the explosion of mining permits. In East Kalimantan, district heads have issued about 70 percent of all mining permits, with the money boosting district revenues, funding re-election campaigns and, at times, for personal enrichment. Regional government mining offices often lack the resources, the budget or the will to up-skill themselves, he added.

The lack of oversight means the central and local governments do not know the exact number of mines that are producing coal in Indonesia — roughly estimated at And no one knows how much coal is illegally produced and exported. Not all coal mines are the same and most of the problems stem from the multitude of smaller, loosely regulated mining outfits. These operate for relatively short periods, have little regard for local communities and often abandon their mining pits once they cease operation, government officials and NGOs say.

These also pay higher royalties than companies granted mining permits called IUPs. Working with the KPK and the Supreme Audit Agency, the Ministry of Energy and Mineral Resources and other agencies are focusing on the 12 provinces with the highest number of mining permits. The aim is to review the legality of the permits, check if mining companies have valid tax identity numbers, are paying their taxes fully and whether the permits overlap palm oil and other mining concessions and protected forest areas — a common problem in Indonesia.

To date, the program has led to the suspension of more than mining permits by local officials, with more expected. The new trade rules state that only coal mining companies that have business permits assessed as clean and clear can export coal. Exports will also have to go through designated ports.

Indonesia has another tool at its disposal: stringent environmental regulations governing mining practices. But they need much stronger enforcement, government officials, analysts and NGOs say. Companies must submit detailed environmental impact assessments and prepare detailed rehabilitation and post-mining reclamation plans. Companies have to place large deposits into a bank account to ensure they carry out mandatory rehabilitation and reclamation of affected areas.

However, lack of qualified mining inspectors, lack of expertise at the district and provincial level and, most likely, graft, mean many smaller mines are not inspected as often as they should be, laws are not enforced and permits are rarely terminated for bad practices. In total, the mining ministry says there are 10, permits for mining of all types across the country, raising questions about how to effectively monitor all of them. According to a source involved with the KPK-led investigation, these 10, permits are owned by 7, companies.

Of these, 17 percent do not have a tax number. The mining concessions covered by these permits include 26 million hectares of the national forest estate. According to the source, the permits cover 1. In addition, the permits cover five million hectares of protection forest, which are prohibited for open-pit mining.

A study published earlier this year found that coal mining was one of the top causes of deforestation after palm oil, logging and clearing for pulp plantations. The study examined forest loss within industrial concessions between and and found that coal mining had caused , hectares of forest loss versus 1.

With more coal mining comes an increased threat to remaining forests. Jatam takes a harder line on coal mining than most NGOs. It wants coal mining stopped altogether, an unlikely scenario since the Indonesian government expects domestic coal demand for power generation, currently around 73 million tons per year, to double by Jatam works with local communities under threat from coal mines, advising on legal options and encouraging villagers and farmers not to sell.

Samarinda is known as the city of coal mines. Roughly 70 percent of the city and surrounding area is under mining permits and the landscape is littered with the scars of mines and abandoned coal pits, many now filled with water. About a minute drive from the city is the village of Makroman. Farmers earn a living growing rice and fruit, such as rambutans and durians. The village is under threat of being cleared and developed by an adjacent coal mine run by an Indonesian firm called CV Arjuna.

About six years ago, a company official came to the village to take soil samples and measurements. This was the first the villagers heard about the company or the planned mine. The company began developing its mine several years ago and it now surrounds the village and its farmlands on two sides. Huge pits have been dug to extract the coal, leveling hills and forests and disrupting water supplies for the rice fields. While the mine has built a dam for irrigation, this sometimes runs dry, leaving the rice crops to wither in the dry season.

Ultimately, CV Arjuna wants to acquire all of the hectares in the village and has offered large sums of money to owners, some of whom have accepted. There are about coal mines in East Kalimantan, according to the provincial environment office, which handles environmental impact assessment reports and helps carry out mining inspections. The situation was not improving. A major problem was the quality of oversight at the district level, which issues most of the EIAs. While the quality of the EIAs was generally good, it was the monitoring of mines and enforcement of regulations that was a consistent problem.

Mines are rated according to water quality, how they manage solid and hazardous wastes and particularly whether mines have followed the strict reclamation and re-vegetation of mined-out pits. Companies failing to comply are given warnings and the environmental office can recommend law enforcement action.

Abandoned pits remain a big problem in the province but new rules aim to incentivize companies to rehabilitate their pits before they can expand production. While efforts to improve the sector are laudable, some question the value of coal mining. Greenpeace wants coal exports wound back and says coal mining acts like a double-whammy for climate change because of toxic emissions caused during production and burning.

In reality, the coal export contribution to our GDP is three percent. This article was first published on Mongabay. A continuation of this story will appear in the Globe on Monday. At least one large Indonesian coal miner has already publicly announced that it has obtained the requisite license and, according to the Government of Indonesia, at least 98 licenses have been issued to date. Industry commentators predict that the new restrictions will reduce exports from Indonesia and potentially increase coal prices.

The new restrictions provide, among other things, a survey procedure for coal exports, which includes verification that royalties have been paid by the relevant mining company. The requirements are intended to provide an additional means for the government to prevent illegal mining activities including unlicensed mining, mining in contravention of environmental regulations and failure to pay royalties.

Additionally, government officials have indicated in public statements that the export license system may be used to impose export quotas for purposes of supporting coal prices by reducing supply in the market and facilitating domestic coal consumption such as for domestic electricity generation. The coal export restrictions were originally intended to come into effect on 1 September , but the effective date was delayed to 1 October in response to industry concerns regarding the time required to process the initial licenses.

The restrictions and licensing requirements are contained in Minister of Trade Regulation No. The provinces that have the highest scores are Central Sulawesi and the Riau Islands. Pius Ginting, Coordinator of the Mining Anti-Mafia Coalition, explained that the Local Government Performance Index measures to what extent local governments are serious about enhancing good management practices in the mining and energy sectors.

The recently introduced CnC certificate shows that the miner has no outstanding royalty obligations and other tax debts, fulfilled its exploration and environmental commitments, has no property delineation issues and obtained the necessary forestry permits. While there are a total of 10, IUP-holders in Indonesia per February , only 6, of these miners have obtained the CnC certificate. Ginting says that this index should encourage provinces to revoke those IUPs that do not have the CnC status.

Tjahjo Kumolo, Indonesian Minister for Home Affairs, added that one of the key troubles in resource-rich provinces are frequent cases of overlapping land and natural resource rights. These situations exists due to weak management of local governments and — most likely — the result of corruption. As the Local Government Performance Index focuses on the mining and energy sectors, the survey was only conducted in those provinces that have significant natural resources used for power generation.

Indonesia could exhaust its economically retrievable coal reserves by , a study by PriceWaterhouseCoopers released on Monday showed. Cost cuts by miners have included reducing exploration and stripping ratios — the amount of dirt removed to expose mineable coal, PwC Indonesian advisory chief Mirza Diran told reporters. Based on government data, Indonesia had around However, declining stripping ratios and profitability have led to a drop in coal reserves of 30 to 40 percent, Diran said, noting that the survey found coal reserves of between 7.

According to APBI, Indonesia does not have enough coal reserves to serve as power source for this ambitious program. PriceWaterhouseCoopers states that Indonesia may have depleted its coal reserves by the year In response to weak conditions in the global coal mining industry, Indonesian miners have reduced exploration and stripping ratios to cut costs. PwC expects spending to decline by 10 — 20 percent in PwC advises the Indonesian government to change the price mechanism for Indonesian coal.

The new price for domestic coal sales should include an incentive for miners to engage in exploration. This way, the future coal supply for 20 GW of the total 35 GW of power plants can be guaranteed. However, as domestic coal demand is rising, more and more voices are heard that say the price should reflect this higher domestic demand. In this photograph taken on June 5, coal are loaded in a barge for transport on a river in Central Kalimantan province.

Indonesia may find itself without the fossil fuels crude oil and coal in the next decade, unless there are major new discoveries, according to an annual report released by British energy giant BP. The Statistical Review of World Energy , which was released on Thursday, showed that Indonesia may run out of oil by , holding constant the figures for production and proven reserves. The report showed oil production from the Southeast Asian nation stood at , barrels per day last year, with remaining reserves at 3.

Oil consumption was 1. Lack of successful exploration and maturing wells are viewed as the reasons why Indonesia lost its oil exporting nation status in , subsequently leading to its decision to exit the Organization of the Petroleum Exporting Countries in Coal, which is plentiful in Indonesia, is expected to be completely depleted in the next 14 years, according to the report.

Last year alone, Global coal reserves were estimated at around While lagging behind in terms of development, Indonesia has greater proven reserves of natural gas, estimated last year at 2. Output, meanwhile, was In the past 10 years, the country has seen natural gas reserves climb 12 percent, although this is barely 50 percent of the rate of growth globally, at 21 percent. Only three months prior, a year-old, Aprilia Wulandari, was found drowned in a soccer field-sized mine pit on the outskirts of Samarinda, the regional capital of East Kalimantan.

Aprilia was reportedly playing with friends on her way home from school when she fell into the unmarked pit. JATAM recently released a confronting YouTube film with interviews of the families who have lost children to mining pits. Decentralisation laws, particularly the Minerals and Coal Mining Law, gave district and municipal administrations the authority to issue mining permits. As a result, mining has exploded across Indonesia.

In East Kalimantan alone, nearly 50 per cent of the province is now covered in coal mining permits, threatening agricultural land and conservation areas. New powers for allowing district governments to issue permits did not, however, correspond with an increase in budget or capacity for local management and monitoring of mining operations or clean-up activities.

The results are devastating. East Kalimantan mining pit from the air — Tessa Toumbourou. Decentralisation and the global mining boom brought chaos to the industry. Some mines are located within metres of homes and schools. Acids and sulphates from mining have leeched into rivers, contaminating local water catchment areas, fish ponds and wet rice fields according to local farmers in and around Samarinda who have experienced dramatic reductions in yields as a result. With the boom in coal exports now over, many small and medium-sized mines have closed or remain inactive.

But they continue to pose a serious threat to residents. The blue-green colour of the water-filled mine pits lures young people to them, who then misjudge the depth of the pits and the steep sides that make them difficult to escape. Furthermore, Greenpeace researcher Cut Hilda Meutia found that the pits contained high levels of chemicals, including magnesium, iron, aluminium, cadmium and arsenic.

As the impact of ingesting or absorbing these chemicals is not immediate, the negative effects accumulate over time. Civil society organisations CSOs have worked hard to push local administrations to clean up abandoned sites.

In , after 11 people had drowned in disused mining pits in East Kalimantan, CSOs decided to pursue legal avenues. Nineteen plaintiffs impacted by coal mining presented at the trial, including rice farmers and fishermen who claimed that their diminishing water supplies were increasingly acidic due to dust particles released by mining operations. By not fulfilling this requirement, the court decided, the local government had denied the people of Samarinda their right to enjoy a clean and safe environment.

The court also ordered the government to evaluate all coal mining permits in Samarinda, monitor reclamation and other post-mining efforts, and take action to protect community farming and fishing areas from contamination by coal mining activities. Yet, since then little has improved, and children continue to drown in exposed coal mining pits in Samarinda and in the neighbouring district of Kutai Kartenegara.

NGOs believe one of the reasons for the sluggish response could be the recent reforms that have shifted authority over mining permits. Following a transition period, which should be completed by 2 October , provincial governments will be responsible for issuing permits, and also for evaluating the status of problematic mining permits in their jurisdictions.

Governors must report the results to the central government, which will decide whether to maintain or cancel the permits. Muhammad Muhdar, lawyer and researcher at Samarinda-based NGO Prakarsa Borneo, explains that post-mining clean-up and pit closure is the responsibility of companies. District governments — until the introduction of the new law — were tasked with enforcing and overseeing this process. Yet despite the real dangers of leaving mine sites exposed, companies often evade their reclamation responsibilities.

Laws require that companies set aside funds for reclamation activities before conducting extraction work, but in practice these obligations are often not met. Frustrated with government inaction and excuses, CSOs have tried to find creative responses to the problem. East Kalimantan governor Awang Faroek Ishak has indicated his willingness to reform mining governance. Awang has a chequered past when it comes to the mining industry. In Awang issued a provincial moratorium on new concessions for mining, plantations and pulp and paper, which was restated in Awang has issued a statement saying that those companies on whose concessions mining-pit deaths have occurred must submit a mine closure plan and report on reparations paid to victims.

Perhaps the most important reform has been the passing of a provincial regulation in enacting a supervisory commission. The commission will consist of government and civil society representatives tasked with overseeing mining reclamation and clean-up efforts, an important development that will introduce transparency and participation in the mining clean-up process, ensuring that pits are closed safely and in accordance with environmental standards.

An important step for improving mining governance in Indonesia will be ensuring that the shift in authority for mining permits from district to provincial governments does not slow down reforms. In the end it is the central government that should ensure there is no confusion over the division of responsibilities between the districts and the provinces.

In response Jokowi has issued an audit of all mining permits issued in East Kalimantan. It seems momentum is finally gathering, and there is now an opportunity to tighten controls and mitigate further losses to human life, and to the ecosystems on which life is sustained. For this to happen, Jokowi needs to ensure that his demand for an audit of the mining sector results in real improvements in mining governance in East Kalimantan.

Tessa Toumbourou t. But almost none of the companies have paid their share of billions of dollars owed to repair the badly scarred landscape they have left behind. Abandoned mining pits have now become death traps for children who swim in them, and their acidic water is killing nearby rice paddies. Indonesia has tried, mostly in vain, to get mining companies to keep their promises to clean up the ravaged landscape.

Patria estimated that 90 percent of the more than 10, mining license holders had not paid the reclamation funds they owe by law. One-third are for coal. Even if they wanted to, many companies now lack the cash. The problem is not unique to Indonesia. As mineral prices languish, even major global miners are trying to avoid hundreds of millions of dollars in increasingly hefty closure costs, mostly by selling off pits. In East Kalimantan alone, around half the province was covered in coal mining permits.

Under President Joko Widodo, elected in , Indonesia has promised to turn around its dismal environmental record. The administration has also wrested control over natural resources away from local leaders, giving it to provincial governors instead. He is threatening to punish mining companies that have failed to restore the land, he said in an interview. But the data on mining companies and funds for rehabilitation are missing, he said. Greenpeace activist Kiki Taufik says governors do, however, have the authority to freeze permits and operations while they investigate.

Most of the mining licenses went to small firms, many of which have gone bankrupt or simply abandoned their operations, mining industry officials say. Looking at the 56 mines in Samarinda, no more than 10 are still active. The mining companies themselves are supposed to restore the land from money they paid into accounts held at state banks and supervised by local officials. The central government has had a list since of nearly 4, licenses that have failed to meet their requirements.

It expects to be able to revoke the problematic permits only by January Pressure from campaigners is increasing as mine closures reach a peak by , according to some industry estimates. One set of 2, coal permits and contracts, compiled by mining consultancy SMGC and reviewed by Reuters, showed the average expiry date of the permit is October But environmental watchdogs say an end to permits does not mean an end to mining.

In areas where companies are conducting reclamation activities, it is usually not to replant forests — most mining concessions are being turned into housing developments, agricultural land or other uses, environmentalists and industry officials say. In the meantime, the run-off water and mud from abandoned pits, numbering around in Samarinda alone, are polluting surrounding rice paddies and rivers.

The mines, however, have followed him there. The attractive aqua hue of the water in the abandoned pits conceals a darker story: 24 local children using them as swimming holes have drowned around Samarinda over the past five years. This moratorium will be implemented after the issuance of a planned presidential instruction regarding a five-year moratorium on new palm oil plantation concessions.

Moratoriums in the palm oil and coal mining sectors will also show the world that the Indonesian government is willing to take efforts that aim at the preservation of the environment. Although some say it is easy to implement a moratorium on new coal mining concessions now coal prices are touching multi-year lows, others say it is still a valuable moratorium because amid low coal prices companies — those that are in the coal mining market for the long run — now have the momentum to purchase new concessions for a relatively cheap price.

The moratorium, however, blocks their ambitions. Those mining companies that already obtained concessions prior to the moratorium will still be able to expand their coal business as long as their expansion plans are in line with existing permits and regulations. This moratorium can provide the momentum to order and organize the coal mining sector in terms of mining permits. Since the Reformation period when the process of decentralization was started, the regional governments of Indonesia in coal-rich areas particularly on Kalimantan and Sumatra have been issuing thousands and thousands of Mining Business Permits Izin Usaha Pertambangan, or IUPs — possibly because local officials can make some extra money through the issuance of the license — without keeping a proper administration.

Hence, there occur numerous cases of overlapping concession areas, while many of the mining companies lack the mandatory clean and clear certificate CnC. This CnC certificate — that was introduced two years ago — shows that the miner has no outstanding royalty obligations and other tax debts, fulfilled its exploration and environmental commitments, has no property delineation issues and obtained the necessary forestry permits. ET Sara. Schonhardt wsj. The massive Batu Hijau mining pit on the Indonesian island of Sumbawa in ; after more than 30 years in Indonesia, Newport Mining is selling its piece of the mine to a group of local investors.

Newmont in June agreed to sell its In recent years Indonesia has required foreign miners to gradually reduce their stakes to less than half, raised the taxes and royalties they pay and mandated they process ore locally-requiring a major investment in smelters at a time when commodity-price uncertainty has miners around the world tightening their belts.

Newmont, which has mines across the globe including in the U. During a conference call to discuss the sale, Mr. Goldberg said the company is consolidating assets around high-margin projects in lower-risk areas and turning its focus back to gold. By law, miners are required to eventually shift from long-term contracts of work to a licensing system in which they say their rights are more limited.

Analysts say the rules have made Indonesia an increasingly difficult place to do business and have deterred exploration investment. The government says foreign miners are still willing to invest in Indonesia. Bambang Gatot Ariyono, director-general of minerals and coal at the energy ministry, said several companies have signed amended contracts, and the government is working with miners to revise and clarify rules.

Newmont ore in a warehouse at the Sumbawa island port of Benete in A spokeswoman for Medco said that as a domestic company it sees long-term value in investing in Indonesia and is confident it will secure the licenses needed to keep the mine operating. Some major miners, such as U. A spokesman for PT Freeport Indonesia said that the company intends to continue to cooperate with the government.

However, many smaller miners have suspended operations and some large-scale operations have reduced mining activities and exports due to uncertainty over contract extensions, say analysts. To receive an export permit, companies had to demonstrate progress on refining. Money is fungible. Kenneth Fuss, Aug 30, I wonder if the increased regulation of foreign miners has anything to do with the Riady family? They have extensive mining interests in their home country.

The Riady family still exports low-sulfur coal from its Indonesian mine to utility companies in the USA. The government demanded that Freeport and Newmont process their concentrate locally rather than shipping to Japan and China, a not too unreasonable demand given the cash flow of these operations.

Copper is down at the present. It will be interesting to see if Freeport is able to renegotiate their COW Contract of Work given their reluctance to build a smelter in Indonesia??? Coal — a fossil fuel — is the most important energy source for electricity generation and also forms an essential fuel for the production of steel and cement.

A negative characteristic of coal, however, is that it can be labelled as the most polluting energy source due to its high proportion of carbon. Other vital energy sources, such as natural gas, are less polluting but significantly more exhaustive and more susceptible to price fluctuations on the world market. At current rates of production and if new reserves are not found , global coal reserves are estimated to last for around years. China USA India Australia Indonesia Russia South Africa Colombia Poland Kazakhstan Since , when it overtook Australia, the country is leading exporter in thermal coal.

According to information presented by the Indonesian Ministry of Energy, Indonesian coal reserves are estimated to last around 83 years if the current rate of production is to be continued. Regarding global coal reserves, Indonesia currently ranks 10th, containing roughly 3. There are numerous smaller pockets of coal reserves on the islands of Sumatra, Java, Kalimantan, Sulawesi and Papua but the three largest regions of Indonesian coal resources are: 1.

South Sumatra 2. South Kalimantan 3. East Kalimantan. The Indonesian coal industry is rather fragmented with only a few big producers and many small players that own coal mines and coal mine concessions mainly in Sumatra and Kalimantan. Since the early s, when the coal mining sector was reopened for foreign investment, Indonesia witnessed a robust increase in coal production, coal exports and domestic sales of coal. Domestic use of coal remains relatively small.

Coal is the dominating force in power generation. Indonesia contains abundant reserves in medium and low-quality coal. Demand for low quality coal from these two countries has skyrocketed as many new coal-fired power plants have been built to supply electricity to their immense populations.

The commodities boom of the s generated significant profits for companies engaged in the export of coal. The rise in commodity prices was — to a large extent — triggered by accelerated economic growth in emerging and developing economies.

But this profitable situation changed with the outbreak of the global financial crisis in when commodity prices went down fast. From the latter half of until the beginning of a sharp rebound in global coal prices occurred. However, reduced global economic activity has lessened demand for coal, thus resulting in a downward trend of coal prices starting from early During the lucrative s commodities boom many new coal mining companies were established in Indonesia while existing coal miners raised investment to expand production capacity.

Despite global awareness to reduce dependency on fossil fuels, developments in renewable energy resources do not show an indication that dependency on fossil fuels especially coal will be reduced significantly in the foreseeable future, thus coal remains a vital energy resource. Clean coal technologies in coal mining, however, will gain significance in the future partly due to commercial relevance and Indonesia is expected to become heavily involved in that process being a major player in the coal mining sector.

These clean coal technologies focus on the reduction of emissions produced by coal-fired power generation but lack sustained progress yet. Upstream activities connected to coal mining, such as the development of coalbed methane CBM reservoirs of which Indonesia contains great potential, has begun to receive attention recently.

To secure domestic supplies, the Indonesian Ministry of Energy and Mineral Resources orders coal producers to reserve a specific amount of their production for domestic consumption. Moreover, the government can use export tax to discourage coal exports. Another recent development is that the Indonesian government intends to curb shipments of all raw materials except for coal , instead requiring the mining sector to add value to the products before export takes place.

Initially, the plan was to ban raw mineral exports from onward. Recently, however, the government has stated that it will be more flexible towards this ban and expressed that some exports can continue under certain conditions. Coal will not be affected by this ban according to government statements made in , thus can continue to be exported without being processed first. The Mining Law provides general provisions regarding coal and mineral mining activities in Indonesia. Further, a number of implementing regulations have been subsequently enacted by the Government both central and regional as an implementation of the provisions of the Mining Law.

The main implanting regulations of the Mining Law are, among others, as follows: a. Government Regulation No. According to the Mining Law, different Government bodies have the authority to administer the mining industry, as follows:. An IUP is a licence issued by the relevant Government. CCOWs and COWs provide rights to mine coal and minerals granted to mining companies based on mining contracts entered into by central Government with the mining companies for a certain period.

However, currently most of the existing CCOWs and COWs are yet to be adjusted, despite the fact that the one-year period for such adjustment has lapsed. However, pursuant to Law No. IUPs if the applications are submitted by a foreign investment company, which is an Indonesian entity, the shares of which are owned in whole or in part by foreign shareholders pursuant to Law No. Production Operation IUPs specifically for processing and refining, if the mining products are supplied or imported from other provinces outside the processing and refining facility, and for a PMA; and e.

The Governor has the authority to issue: a. IUPs for metal minerals and coal for domestic investment in the WIUP which is located within one province, including on a seabed more than 12 miles from the coastline; b. IUP for non-metal minerals and rocks for domestic investment in the WIUP which is located within one province, including on the seabed more than 12 miles from the coastline; c. Production Operation IUPs specifically for processing and refining for domestic investment, if the mining products are supplied from the same province; and e.

IUJPs for domestic investment if the services are rendered within the same province. The source of law affecting the mining industry in Indonesia consists of the following: a. Government Regulations; d. Presidential Regulations; e.

Ministrial and its sub-divisions Regulations; and f. Regional Regulations Peraturan Daerah. In theory, some other legal sources may also affect the mining industry, such as decisions of the Constitutional Court and other court decisions.

An Exploration IUP is required to be obtained for a mining company to conduct the reconnaissance phase activity. The Exploration IUP is required not only to conduct the exploration activities, but also the general survey and feasibility study or other reconnaissance activities. As mentioned in question 2. Before the Government opens the tender process, the Government has to firstly determine the mining area in consultation with the Parliament and the regional Governments.

Currently, the Government is still in the process of determining the mining area throughout the Indonesian territory. Therefore, to date, the Government has not yet opened any tender process and, consequently, no new IUP under the Mining Law has been issued to date. Further, a mining company which has completed the feasibility study in the exploration stage can apply for a Production Operation IUP. The application for obtaining non-metal minerals and rock WIUPs is not conducted through a tender process, but through a direct application from the applicant to the Government depending on its authority as follows:.

The MEMR has the authority to issue: a. Please refer to the process described in question 2. Yes, the procedures will be based on the type of minerals. With respect to the types of land, the procedure for obtaining land rights would be different based on the type of land concerned.

For example, if the mining area is located in i a forest area which is not a protected forest area , the mining company must obtain a borrow used permit from the Ministry of Forestry, ii a forest area on which area there is a forest concession, an agreement with the forest concession company is required, iii an area which is owned by another party, an agreement with the land owner is required, or iv an area which is owned or occupied by another parties or local communities, a land relinquishment must be conducted.

The procedures applicable for natural oil and gas are not within the scope of the Mining Law, and therefore they are different from the procedures for mining. Foreign investors must have an Indonesian vehicle to conduct mining business activities in the form of a PMA company pursuant to Law No. Shares in a PMA company are subject to divestment requirements with the following progressive divestment:. The change of shares ownership, including the change of control acquisition , can only be conducted with prior approval from the Government depending on its authority to issue the IUP.

As elaborated in question 3. There is no free carry right of the Government to acquire shareholdings in a mining company, including PMA companies. Please refer to the explanation on options given to the Government or Government-related entities in question 3. The shares of a PMA company to be divested will be offered to the Government, where the central Government has a priority to acquire the offered shares.

If the Government indicated that it is not interested in the offered shares or fails to respond to the offer within 60 calendar days, the shares will be offered to BUMNs and BUMDs by auction. The price for the divestment shares offered to an Indonesian participant shall be the replacement cost for the investment of the Production Operation IUP; such cost will be calculated from the exploration phase.

State-owned entities and region-owned entities shall have priority in obtaining the IUPK. However, since currently Indonesia does not have sufficient smelting or processing facilities to process or refine most mineral products in Indonesia, the export of certain mineral products is still permitted, provided that the exporter pays progressive export tax and can meet certain requirements stated in the following regulations:.

Certain minerals i. The minimum content of these minerals is high 95 per cent or above. Certain other minerals e. The minimum content of these minerals is significantly reduced from the requirements under the previous regulation on the same subject. The concentrates of these minerals are permitted to be exported. MOT Regulation No. HPE is the basis for the Minister of Finance to calculate and impose export duties. Under BI Regulation No.

The export duty tariff will gradually increase per semester, starting at 20 per cent or 25 per cent for copper in the first half of and rising to 60 per cent in the second half of MOF Regulation No. The IUP cannot be imposed with a security right to secure finance.

Security rights can, however, be created over the assets of the IUP holder, such as land, building, equipments, stocks, receivables, as well as other contractual security rights, to secure finance. In addition, a security right can also be created over shares of a mining company to secure finance.

The rights to conduct the mining activities stated in the IUP are not separable or transferable. Indonesian law only recognises the IUP holder as the party that has rights to conduct reconnaissance, exploration and mining. However, an IUP holder that discovers other minerals within its mining area shall be given a priority right to mine such discovered mineral s.

The law is silent on the rights over residue deposits on the land used for mining activities. In the event the period of the IUP has lapsed, the IUP holder shall no longer be entitled to exercise rights over such residue deposits. The prevailing law and regulations on mining do not provide different rules or procedures for offshore exploration and mining. In addition to the above, the operation and ownership of vessels including vessels used for offshore mining activities must comply with the requirement of Law No.

The majority foreign share ownership of a PMA company holding a vessel is restricted, as the shares in this company must be majority 51 per cent or more owned by local shareholder s. Unlike in other jurisdictions, Indonesian land titles do not extend beneath the surface of the land and therefore the land title holder has no right to conduct mining activities on the land in the absence of an IUP.

On the other hand, Article of the Mining Law states that the right of IUP holders does not include the surface of land. On the right of an IUP holder over the surface of land, the Mining Law does not stipulate a requirement for the IUP holder to acquire ownership of the land over which the mining will be conducted under the valid IUP. A settlement only needs to be reached with land title holders in the mining areas which are actually to be affected by mining activities.

Settlement of land titles may be conducted in stages based on the needs for land by the IUP holder. There is no requirement to compensate every land title holder whose land is overlapping with the mining area under the IUP. Although it is not a requirement, mining companies sometimes choose to acquire land title ownership of the underlying land, particularly for strategic land areas.

This is to avoid any dispute in the future in respect of whether compensations have been adequately provided and to provide legal certainty on the right to conduct activities in such land areas. IUP holder and the State do not have the right of expropriation for mining activities. The IUP holder using the land for mining activities must conduct a settlement with the land title holders as explained in question 7.

The prevailing Environmental Law Law No. Term of Reference Kerangka Acuan. Furthermore, Government Regulation No. The IUP holder must: i formulate a reclamation plan on the basis of environmental documents in accordance with the provisions of laws and regulations in the field of environmental protection and management; and ii complete a feasibility study prior to the submission of the application for approval of reclamation and post-mining from the relevant mining authority.

The guarantee provided will not, however, waive the obligation of the holder of a Production Operation IUP to conduct reclamation and post-mining activities. As mentioned above, every IUP holder is obligated to conduct reclamation and post-mining activities. Upon the closure of mining operations, the mining company must immediately conduct the reclamation and post-mining activities based on the reclamation and post-mining plans which have been approved by the mining authority.

Yes, there is a zoning requirement which is regulated under Law No. The national Spatial Plan is issued by the Government and shall be applicable for a period of 20 years but it may be evaluated every 5 years. As explained in section 7 above, the IUP holder is required to resolve the agreement to relinquish and settle the land that will be used for mining operations with the land title holders. In practice, most mining companies will only relinquish the land pembebasan tanah for parts of the mining area that will be used for the actual mining and related activities.

For example, a mining company may have an area of 1, hectares under its IUP, but the area where it actually conducts mining operations and other activities roads, housing, etc. There is no obligation of the mining company to relinquish the remaining hectares that will not be used for mining activities. As explained, a mining company is not required to relinquish the whole area under the IUP, and the relinquishment process can be done in stages, depending on the needs of the company.

There are some obligations imposed upon employers, employees and people close to the mining area in relation to health and safety, among others:. Mining companies shall comply with the occupational safety and health requirements. Mining companies are obligated to provide mining equipment and appliances, self-protection devices, facilities and costs needed for the implementation of this regulation.

Mining companies shall provide proper accommodation close to the mining area site. Mining companies are required to provide mining books. The Head of Mining Technical is required to provide: i situation map; ii mining plan map; iii geological map; and iv map of the mining area. The Head of Mining Technical shall conduct mining inspections. The Head of Mining Technical shall provide training for its employees. Employees are obligated to obey the regulations on occupational health and safety provided.

Employees shall carry out their work in accordance with the guidelines. People close to the mining area are prohibited from entering the mining area, unless approval has been granted. Yes there is. The appeal system towards administrative decisions must follow the judicial proceedings of the State Administrative Court Pengadilan Tata Usaha Negara as stipulated under Law No. A State Administrative Decision that can be appealed to the State Administrative Court must complete the following 4 four elements, as follows:.

If the decision falls under the above elements examples: licences, permits, etc. The highest judicial power, within the sphere of the State Administrative Judicial System, is vested in the Supreme Court as the highest State court. If the claim is upheld by the court, the court may invalidate and instruct the Government to revoke the decision concerned. There is no specific clause in the Constitution which has a direct impact upon the right to conduct reconnaissance, exploration and mining.

The Constitution does however state, in Article 33 3 , as a general provision that the land and waters as well as the natural riches therein are controlled by the State and exploited for the greatest benefit of the people. Yes there are. In an endeavour to attract foreign investment, Indonesia has concluded a number of bilateral and regional investment treaties, both with developed and developing countries.

The agreements contained in the treaties in general contain similar provisions for the purpose of investment protection. The treaties usually provide general investment protections, such as issues on nationalisation, capital repatriation, subrogation, dispute settlement, etc. However, there are treaties that expressly cover investment protection for specific business sectors.

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This graph shows you the daily revenue of mining Bitcoin. It does not take into account the daily electricity costs of running a mining machine. Your baseline costs will be the difference between mining profitably or losing money. You can think of it as though the miners are a decentralized Paypal. Allowing all the transactions to be recorded accurately and making a bit of money for running the system. Bitcoin miners earn bitcoin by collecting something called the block reward plus the fees bitcoin users pay the miners for safely and securely recording their bitcoin transactions onto the blockchain.

Roughly every ten minutes a specific number of newly-minted bitcoin is awarded to the person with a mining machine that is quickest to discover the new block. Originally, in , Satoshi Nakamoto set the mining reward at 50 BTC, as well as encoding the future reductions to the reward.

The Bitcoin code is predetermined to halve this payout roughly every four years. It was reduced to 25 BTC in late, and halved again to The second source of revenue for Bitcoin miners is the transaction fees that Bitcoiners have to pay when they transfer BTC to one another. This is the beauty of Bitcoin. Every transaction is recorded in an unchangeable blockchain that is copied to every mining machine. Every miner needs to know the relevant tax laws for Bitcoin mining in his area, which is why it is so important to use a crypto tax software that helps you keep track of everything and make sure you are still making enough money after you account for taxes.

First of all, Bitcoin mining has a lot of variables. This is why buying bitcoin on an exchange can be a simpler way to make a profit. However, when done efficiently it is possible to end up with more bitcoin from mining than from simply hodling. One of the most important variables for miners is the price of Bitcoin itself. If, like most people, you are paying for your mining hardware, and your electricity,- in dollars, then you will need to earn enough bitcoin from mining to cover your ongoing costs; and make back your original investment into the machine itself.

Bitcoin price, naturally, impacts all miners. However, there are three factors that separate profitable miners from the rest: cheap electricity, low cost and efficient hardware and a good mining pool. Electricity prices vary from country to country.

Many countries also charge a lower price for industrial electricity in order to encourage economic growth. This means that a mining farm in Russia will pay half as much for the electricity you would mining at home in the USA. In practical terms.

These days there are several hardware manufacturers to choose from. The price of hardware varies from manufacturer to manufacturer and depends largely on how low the energy use is for the machine vs the amount of computing power it produces.

The more computing power, the more bitcoin you will mine. The lower the energy consumption the lower your monthly costs. Longevity is determined by the production quality of the machine. It makes no sense to buy cheaper or seemingly more efficient machines if they break down after a few months of running.

One useful way to think about hardware is to consider what price BTC would have to fall to in order for the machines to stop being profitable. You want your machine to stay profitable for several years in order for you to earn more bitcoin from mining than you could have got by simply buying the cryptocurrency itself.

Unfortunately most older machines are now no longer profitable even in China. The Bitmain S9 has been operational since and interestingly enough they are still being used in Venezuela and Iran where electricity is so cheap that it outweighs the risk of confiscation. There may, eventually, be more reputable sources of sub 2 cents electricity as the access to solar and wind improves in North America. For the individual miner, the only hope of competing with operations that have access to such cheap electricity is to send your machines to those farms themselves.

Not many farms offer this as a service though. These days, every miner needs to mine through a mining pool. Whether you are mining with one machine, or several thousand, the network of Bitcoin mining machines is so large that your chances of regularly finding a block and therefore earning the block reward and transaction fees is very low.

With one block per 10 mins they may have to wait 16 years to mine that one block. The oldest two pools are Slush Pool and F2Pool. Here comes the science part…. Pool fees are normally 2. Choosing the right mining pool is very important, as you will receive your mined bitcoin sent from the pool payouts every day. An often overlooked facet of mining profitability is the fees one pays to sell the Bitcoin one mines. If you are a small time miner, you may have to sell your coins on a retail exchange like kraken or Binance.

Sometimes your fees are low but sometimes your fees are high - it really just depends on the fee structure of the exchange and the state of the orderbook at the moment. However, if you are a professional miner like F2 or Bitmain, you likely have really advantageous deals with OTC desks to sell your coins at little to no fees - depending on the state of the market. Some miners are even paid above spot price for their coins. If you think you have what it takes be mine profitably, we suggest you make sure first by using our mining profitability calculator.

Bitcoin farms that operate at scale use these advantages to maximize their returns. Bitcoin merupakan mata uang kripto yang sudah menjadi sangat populer. Cara mendapatkan Bitcoin bisa melalui mining Bitcoin atau membelinya langsung di bursa. Pada umumnya, orang yang ingin merakit PC untuk mining mengeluarkan biaya minimal belasan juta untuk benar benar menghasilkan keuntungan besar. Bagaimana solusi agar pembuatan PC mining cepat tercapai? Tentunya dengan menyicil hardware, jalankan terlebih dahulu penambangan dengan spesifikasi rendah.

Apa saja yang diperlukan dan bagaimana cara mining bitcoin dengan merakit PC? Berikut penjelasan cara mining bitcoin mudah untuk pemula:. Pilihlah perangkat komputer yang dapat mengurangi biaya listrik ketika menambang dan juga dapat memaksimalkan pendapatan tambang bitcoin relatif dengan biaya listrik. Khusus untuk menambang bitcoin, cari motherboard yang menyediakan multi slot PCI-E. Ada banyak merek yang bisa disesuaikan dengan budget, semakin banyak slot PCI-E maka harganya juga semakin mahal.

Prosesor yang disarankan setidaknya i5 ataupun i7. Semakin tinggi core yang dimiliki, penambangan Altcoin bisa sangat membantu di spek rendah. Hard drive ini digunakan untuk menjalankan sistem operasi dan penyimpanan data. Jika Anda memulai solo mining, maka penyimpanan blockchain akan memerlukan space yang besar. Atau bisa juga gunakan solid state drive yang hampir sama dengan hard drive tetapi SSD lebih cepat dan aman. Nilai ini tidak mempengaruhi hasil penambangan, hanya saja masih dibutuhkan untuk menjalankan sistem operasi dan program mining.

Jika Anda ingin memulai dari spek rendah, cukup gunakan 2 kartu grafis yang ada pada motherboard. Cari fan prosesor yang tangguh dan kipas tambahan untuk membantu sirkulasi udara agar tidak panas. Fan prosesor sangat diperlukan dalam penambangan altcoin dengan spek rendah, prosesor juga ikut digunakan.

Meletakkan CPU di ruangan ber-AC juga salah satu cara untuk membantu dan mengurangi penggunaan kipas. Baca juga : Mau Mining Bitcoin? Baca dulu artikel ini sebelum kamu Memilih Mining Pool. Cloud mining adalah proses pembelian CPU power dari data center yang menggunakan perlengkapan untuk melakukan aktivitas mining cryptocurrency seperti Bitcoin BTC atau altcoins lain yang bisa ditukarkan menjadi bitcoin.

Keuntungan dari pendekatan ini adalah Anda tidak perlu memiliki pengetahuan mendalam mengenai hardware mining, ataupun membeli peralatan mahal dan tidak terjangkau.

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These pits often fill with water, and have been the cause of 27 deaths by drowning to date, including 21 children. In early , following initial civil society reports of significant corruption, illegalities and environmental and social damage in the mining sector, the Corruption Eradication Commission KPK , together with the Ministry of Energy and Mineral Resources and the Ministry of Environment and Forestry, began investigations into mining operations in 12 provinces with the largest number of mining permits.

The initiative, called Korsup Minerba, aimed to assess the legality of mining permits, ensure companies were registered to pay tax, land rent and other royalties, and determine whether permits adhered to all relevant permitting and environmental laws. The Korsup Minerba investigations began in February , when there were a total of 10, locally-issued licenses across Indonesia.

Within a year, investigations revealed that 40 percent of these licenses were non-clean and clear. By April , data from the energy ministry indicated that already 2, permits had been canceled or their operational period had ended and not been extended.

The total number of permits active in Indonesia had reduced to 8, mineral and coal mining permits. However, 2, mining permits active in Indonesia are not clean and clear. After three years of implementation, Johansyah is concerned that the Korsup Minerba is yet to result in any significant improvements in mining governance.

A baby orangutan in North Sumatra, Indonesia. Along with habitat loss due to mining, orangutans in both Sumatra and Borneo are threatened by fires and deforestation for oil palm and pulp plantations. Efforts to clean up the mining sector also face challenges in collecting remaining debts owed. Mineral and coal mining companies owe the government a total of IDR 5.

Although this is a reduction from the total of IDR 6. Divisions in authority and a disconnect between central and regional government has made collecting revenues challenging. Although district, and now provincial governments are empowered to issue permits for mining, responsibility for collecting royalties, land rent and taxes lies largely with the central government.

As Hendra Sinadia, the deputy director of the Coal Production Association has observed, this has resulted in major gaps in data on mining operations between different levels of government. A lack of accurate data on mining permits, combined with a lack of resources, makes it difficult for the collection of state revenues from mining companies, explained Agung Budiono, communication and outreach manager at mining sector oversight NGO Publish What You Pay Indonesia.

However, one of the biggest challenges has been that after tracing the names of the companies in arrears, it emerges that their existence is unknown. It is not known whether the addresses were fake or companies have moved since registering for mining permits. The Anti-Mining Mafia Coalition are pushing for more transparency in the issuance of mining permits. Making public all mining permits in Indonesia, including their full names and addresses, as well as their progress towards meeting clean and clear certification, would help to ensure better civil society oversight, said Ali Adam Lubis, a representative of the Anti-Mafia Coalition in a media statement.

Partnerships between government agencies like the Directorate of Mineral and Coal Mining and the Directorate of Common Law Administration, could also help government to identify debt-owing mining permit holders, said Budiono. Cracking down on non-compliant mining companies brings its own challenges for provincial governments.

Governors who have canceled non-clean-and-clear permits are facing resistance from the mining sector and from district governments. Already 20 mining companies that have had their permits revoked are threatening to sue provincial governments. Budi Santoso, Director of the Centre for Indonesian Resources Strategic Studies, said that mining companies base their cases against provincial governments on the lack of legal strength with clean and clear certification. There are reports that district heads are also pushing back against the cancelation of permits.

In East Kalimantan, 59 percent of the 1, mining permits issued to coal companies are not clean and clear and are at risk of revocation. The governor told local media in April that he is under pressure from district heads to not make problems for coal mining companies by canceling their permits. The government is seeking to increase revenues from mining by increasing royalty rates paid by mining companies.

In February , the House of Representatives decided that smaller coal mining companies will have to pay royalty rates of between 10 to 13 percent, depending on the quality of coal they mine — an increase of the current royalty rates of 3. Parliamentary lawmakers are optimistic that these increased royalty rates will see state revenue rates increase. GMR Infra said it has entered into pacts for divesting stakes in its Indonesian coal mining entities. Photo: Mint. Shares of GMR Infrastructure rose 1.

The share touched its week high Rs Direktur Centre for Indonesian Resources Strategic Studies Cirrus , Budi Santoso mengatakan, pemerintah bisa mencabut IUP apabila pelaku tambang tidak memenuhi kewajiban serta wilayah tambang tumpang tindih. Budi menuturkan banyak faktor yang membuat pelaku usaha belum mengantongi CnC. Dia bilang salah satu faktornya berasal dari birokrasi pemerintah. Lamanya proses rekonsialiasi data membuat proses CnC bisa melewati tenggat waktu 2 Januari ini.

Oleh sebab itu dia menyebut penataan tambang jangan hanya berhenti pada hari ini. Selama kegiatan penambangan masih ada di bumi Indonesia maka penataan itu hendaknya terus dilakukan. Pemerintah sebaiknya memilah dan memilih IUP mana yang sebaiknya dicabut. Pasalnya status CnC belum cukup menjamin pelaku tambang memenuhi kewajiban yang ada. Tercatat jumlah IUP yang ada saat ini mencapai 9.

Dari jumlah IUP tersebut hanya sebanyak 6. Sedangkan sekitar 3. Sedangkan ada IUP yang belum atau tidak memenuhi syarat. Artinya sekitar 18 juta pelanggan PLN tidak dapat dikategorikan keluarga miskin atau rentan miskin. Untuk itu, Presiden meminta dilakukan rekonsiliasi data antara pengguna listrik VA dan VA dengan data keluarga miskin dan rentan miskin.

Pada pengantar rapat terbatas, Presiden menekankan PLN juga harus membantu pelaku usaha mikro dan kecil seperti penjahit yang juga menggunakan listrik di malam hari. Humas Kemensetneg. Mengenai tarif dasar listrik, saya minta agar ada rekonsiliasi antara pengguna listrik dan dengan data keluarga miskin dan rentan miskin.

Langkah rekonsiliasi data ini penting agar kebijakan subsidi listrik ini benar-benar tepat sasaran. Kemudian saya juga minta Menteri ESDM dan PLN juga mengalkulasi pilihan-pilihan, opsi-opsi pengalihan subsidi ini agar dampak pengalihan subsidi ini juga nantinya bisa kita kurangi sebesar-besarnya. Yang ini hati-hati, tolong lihat di lapangan karena data yang saya punyai juga banyak usaha mikro, usaha kecil yang masuk ke dalam lingkup ini.

Yang ada di kampung, yang ada di desa, yang punya jahitan dua, jahitan satu, ini memerlukan juga subsidi. Jangan sampai nanti timbul sebuah anggapan bahwa kita memberikan bantuan, insentif kepada usaha-usaha besar dengan diskon di malam hari, dan justru kita mencabut subsidi untuk usaha mikro dan usaha kecil yang ada di kampung, yang ada di desa. Saya kira langkah-langkah dan kakulasi-kalkulasi seperti itu perlu betul-betul kita hitung sehingga jangan sampai nantinya masalah yang berkaitan dengan tarif dasar listrik ini menjadi masalah di rakyat, di masyarakat.

The Indonesian Government has implemented laws prohibiting the export of raw minerals by foreign investors or subjecting their export to progressive export taxes and requiring the divestment of foreign held mining licenses. These laws are expected to cause foreign investors to suffer significant loss. This requires that, upon 5 years of operation, foreign owned shares in an IUP Company companies holding Production Operation Mining Permits, formerly known as Mining Authorisations, that permit the commencement of a production operation stage upon completion of an Exploration IUP stage to be offered for sale to a list of Indonesian participants comprised primarily of state or state owned entities.

Regulation No. IUP companies are required to begin divesting shares 90 days after their fifth year of production. It is possible that this pricing mechanism will result in a price below market-value. It is unclear whether local courts will provide effective and just remedies to foreign investors. However, Australian investors have additional rights of protection.

This is because the Australian and Indonesian Government have agreed that the Indonesian Government will provide certain additional protections for Australian investors. Pursuant to this agreement, Australian investors can seek compensation from the Indonesian Government for losses suffered if the Indonesian Government does not abide by the promised protections.

Australia and Indonesia are both parties to this multilateral treaty. Indonesia is a party to numerous bilateral and multilateral treaties with other countries and these may be a source of further protections. Depending on your circumstances, any number of these protections might be breached by the Mining Law or the Divestment law.

Before doing so, the investment treaty rights will provide a good background within which negotiations with the Indonesian Government can be conducted. So unless the Indonesian government has separately agreed to submit investment disputes to arbitration, investors are likely to have stronger rights under AANZFTA.

Importantly, the enforcement process is effective. If an ICSID tribunal grants an award in favour of an investor, the amount of that award may be enforced against assets located in any of the countries party to the Washington Convention. For most other tribunals, awards may be recognised and enforced against assets located in any of the countries that are a party to the New York Convention on International Commercial Arbitration. If you are concerned about the impact of these laws on your investment, please contact us.

We can help you develop a risk management and dispute resolution strategy. Devine, Norman S. Bissett and Muhammad Karnova Indonesia June 16 A barge is loaded with coal at a loading terminal on the Mahakam River, near Samarinda, East Kalimantan. Photo courtesy of David Fogarty. A large coal pit stands abandoned near the East Kalimantan village of Makroman, where residents accuse mining company CV Arjuna of refusing to rehabilitate and reclaim mining site. Miners dig deep, open pits, clearing forests and farmlands to extract coal from thick, black seams, which is then crushed and loaded onto trucks and barges for shipment to China, India, Japan and other destinations in Asia.

India and China are the top two buyers. Coal taxes are a vital source of revenue for the country, helping plug a budget deficit running at about 3 percent of gross domestic product. But with this success has come a multitude of ills, including large-scale deforestation, water pollution, conflict with local and indigenous communities and health costs from coal dust.

Add to this corruption, tax evasion, illegal mining and illegal exports, which are costing the government millions of dollars in revenue. The industry is becoming a threat to itself, the economy and the national and global environment. Burning coal is the single largest source of carbon dioxide emissions blamed for climate change. In response, the central government has launched a major drive to clean up the sector and weed out the worst players, mostly small mining companies, but it remains to be seen if the authorities can claw back greater control.

About half the coal comes from the resource-rich province of East Kalimantan. To get a sense of the scale of the industry, you only need to stand on the main bridge across the Mahakam river, which flows through the provincial capital Samarinda. Barges the size of an Olympic swimming pool flow past every few minutes, pulled by tugboats to bulk carriers waiting along the coast nearby. Each barge carries about 8, tons of coal, most loaded up river from myriad coal terminals that jut out into the river.

Samarinda is ringed by coal mines and vast coal stockpiles that constantly feed the barges via conveyer belts. About 60 million Indonesians are not connected to the grid and the government is pushing rapid investment in coal-fired power stations to fix power shortages. Like the resource booms of oil and gas, logging and oil palm before it, coal is regarded as a quick and easy fix and a cash cow, with environmental concerns often secondary. NGOs say Indonesia needs to focus more on renewable energy investment and curbing conflict between mines and local communities, whose land is increasingly under threat.

To clean up the sector, the government has called in the Corruption Eradication Commission KPK , which is leading a sweeping review of mining permits. In another major initiative, new trade rules that took effect Oct.

Combined, Tjahjono hopes both initiatives will lead to a leaner, more tightly regulated sector. And, depending on where global coal prices go, more mines could come on line. Our prediction for , we will have very serious environmental damage. According to the Ministry of Energy and Mineral Resources, there are 3, permits for coal exploration, operations and production across the country.

Central and local governments do not have the resources to monitor these permits, analysts, NGOs and the ministry say. Of the total permits, 1, are listed as non-clean and clear because of irregularities, such as mines overlapping with other mining or agricultural concessions, the ministry says.

A province-by-province analysis of all coal permits shows they totaled just over 21 million hectares in , roughly the size of the US state of Kansas or three times the size of the Republic of Ireland. While many of these will never become mines, the scale highlights the risk of social conflict and environmental damage in a country with million people, many of whom rely on farmland, forests and rivers for their livelihoods and customs.

Photo courtesy of David Fogarty A large coal pit stands abandoned near the East Kalimantan village of Makroman, where residents accuse mining company CV Arjuna of refusing to rehabilitate and reclaim mining site. Most of the problems are at the district level. Regional autonomy laws gave districts much greater powers, and this triggered the explosion of mining permits. In East Kalimantan, district heads have issued about 70 percent of all mining permits, with the money boosting district revenues, funding re-election campaigns and, at times, for personal enrichment.

Regional government mining offices often lack the resources, the budget or the will to up-skill themselves, he added. The lack of oversight means the central and local governments do not know the exact number of mines that are producing coal in Indonesia — roughly estimated at And no one knows how much coal is illegally produced and exported. Not all coal mines are the same and most of the problems stem from the multitude of smaller, loosely regulated mining outfits.

These operate for relatively short periods, have little regard for local communities and often abandon their mining pits once they cease operation, government officials and NGOs say. These also pay higher royalties than companies granted mining permits called IUPs. Working with the KPK and the Supreme Audit Agency, the Ministry of Energy and Mineral Resources and other agencies are focusing on the 12 provinces with the highest number of mining permits.

The aim is to review the legality of the permits, check if mining companies have valid tax identity numbers, are paying their taxes fully and whether the permits overlap palm oil and other mining concessions and protected forest areas — a common problem in Indonesia. To date, the program has led to the suspension of more than mining permits by local officials, with more expected. The new trade rules state that only coal mining companies that have business permits assessed as clean and clear can export coal.

Exports will also have to go through designated ports. Indonesia has another tool at its disposal: stringent environmental regulations governing mining practices. But they need much stronger enforcement, government officials, analysts and NGOs say. Companies must submit detailed environmental impact assessments and prepare detailed rehabilitation and post-mining reclamation plans. Companies have to place large deposits into a bank account to ensure they carry out mandatory rehabilitation and reclamation of affected areas.

However, lack of qualified mining inspectors, lack of expertise at the district and provincial level and, most likely, graft, mean many smaller mines are not inspected as often as they should be, laws are not enforced and permits are rarely terminated for bad practices. In total, the mining ministry says there are 10, permits for mining of all types across the country, raising questions about how to effectively monitor all of them.

According to a source involved with the KPK-led investigation, these 10, permits are owned by 7, companies. Of these, 17 percent do not have a tax number. The mining concessions covered by these permits include 26 million hectares of the national forest estate. According to the source, the permits cover 1. In addition, the permits cover five million hectares of protection forest, which are prohibited for open-pit mining.

A study published earlier this year found that coal mining was one of the top causes of deforestation after palm oil, logging and clearing for pulp plantations. The study examined forest loss within industrial concessions between and and found that coal mining had caused , hectares of forest loss versus 1. With more coal mining comes an increased threat to remaining forests. Jatam takes a harder line on coal mining than most NGOs.

It wants coal mining stopped altogether, an unlikely scenario since the Indonesian government expects domestic coal demand for power generation, currently around 73 million tons per year, to double by Jatam works with local communities under threat from coal mines, advising on legal options and encouraging villagers and farmers not to sell.

Samarinda is known as the city of coal mines. Roughly 70 percent of the city and surrounding area is under mining permits and the landscape is littered with the scars of mines and abandoned coal pits, many now filled with water. About a minute drive from the city is the village of Makroman. Farmers earn a living growing rice and fruit, such as rambutans and durians. The village is under threat of being cleared and developed by an adjacent coal mine run by an Indonesian firm called CV Arjuna.

About six years ago, a company official came to the village to take soil samples and measurements. This was the first the villagers heard about the company or the planned mine. The company began developing its mine several years ago and it now surrounds the village and its farmlands on two sides.

Huge pits have been dug to extract the coal, leveling hills and forests and disrupting water supplies for the rice fields. While the mine has built a dam for irrigation, this sometimes runs dry, leaving the rice crops to wither in the dry season. Ultimately, CV Arjuna wants to acquire all of the hectares in the village and has offered large sums of money to owners, some of whom have accepted. There are about coal mines in East Kalimantan, according to the provincial environment office, which handles environmental impact assessment reports and helps carry out mining inspections.

The situation was not improving. A major problem was the quality of oversight at the district level, which issues most of the EIAs. While the quality of the EIAs was generally good, it was the monitoring of mines and enforcement of regulations that was a consistent problem. Mines are rated according to water quality, how they manage solid and hazardous wastes and particularly whether mines have followed the strict reclamation and re-vegetation of mined-out pits. Companies failing to comply are given warnings and the environmental office can recommend law enforcement action.

Abandoned pits remain a big problem in the province but new rules aim to incentivize companies to rehabilitate their pits before they can expand production. While efforts to improve the sector are laudable, some question the value of coal mining. Greenpeace wants coal exports wound back and says coal mining acts like a double-whammy for climate change because of toxic emissions caused during production and burning.

In reality, the coal export contribution to our GDP is three percent. This article was first published on Mongabay. A continuation of this story will appear in the Globe on Monday. At least one large Indonesian coal miner has already publicly announced that it has obtained the requisite license and, according to the Government of Indonesia, at least 98 licenses have been issued to date.

Industry commentators predict that the new restrictions will reduce exports from Indonesia and potentially increase coal prices. The new restrictions provide, among other things, a survey procedure for coal exports, which includes verification that royalties have been paid by the relevant mining company. The requirements are intended to provide an additional means for the government to prevent illegal mining activities including unlicensed mining, mining in contravention of environmental regulations and failure to pay royalties.

Additionally, government officials have indicated in public statements that the export license system may be used to impose export quotas for purposes of supporting coal prices by reducing supply in the market and facilitating domestic coal consumption such as for domestic electricity generation. The coal export restrictions were originally intended to come into effect on 1 September , but the effective date was delayed to 1 October in response to industry concerns regarding the time required to process the initial licenses.

The restrictions and licensing requirements are contained in Minister of Trade Regulation No. The provinces that have the highest scores are Central Sulawesi and the Riau Islands. Pius Ginting, Coordinator of the Mining Anti-Mafia Coalition, explained that the Local Government Performance Index measures to what extent local governments are serious about enhancing good management practices in the mining and energy sectors.

The recently introduced CnC certificate shows that the miner has no outstanding royalty obligations and other tax debts, fulfilled its exploration and environmental commitments, has no property delineation issues and obtained the necessary forestry permits.

While there are a total of 10, IUP-holders in Indonesia per February , only 6, of these miners have obtained the CnC certificate. Ginting says that this index should encourage provinces to revoke those IUPs that do not have the CnC status. Tjahjo Kumolo, Indonesian Minister for Home Affairs, added that one of the key troubles in resource-rich provinces are frequent cases of overlapping land and natural resource rights.

These situations exists due to weak management of local governments and — most likely — the result of corruption. As the Local Government Performance Index focuses on the mining and energy sectors, the survey was only conducted in those provinces that have significant natural resources used for power generation.

Indonesia could exhaust its economically retrievable coal reserves by , a study by PriceWaterhouseCoopers released on Monday showed. Cost cuts by miners have included reducing exploration and stripping ratios — the amount of dirt removed to expose mineable coal, PwC Indonesian advisory chief Mirza Diran told reporters.

Based on government data, Indonesia had around However, declining stripping ratios and profitability have led to a drop in coal reserves of 30 to 40 percent, Diran said, noting that the survey found coal reserves of between 7. According to APBI, Indonesia does not have enough coal reserves to serve as power source for this ambitious program. PriceWaterhouseCoopers states that Indonesia may have depleted its coal reserves by the year In response to weak conditions in the global coal mining industry, Indonesian miners have reduced exploration and stripping ratios to cut costs.

PwC expects spending to decline by 10 — 20 percent in PwC advises the Indonesian government to change the price mechanism for Indonesian coal. The new price for domestic coal sales should include an incentive for miners to engage in exploration. This way, the future coal supply for 20 GW of the total 35 GW of power plants can be guaranteed.

However, as domestic coal demand is rising, more and more voices are heard that say the price should reflect this higher domestic demand. In this photograph taken on June 5, coal are loaded in a barge for transport on a river in Central Kalimantan province. Indonesia may find itself without the fossil fuels crude oil and coal in the next decade, unless there are major new discoveries, according to an annual report released by British energy giant BP.

The Statistical Review of World Energy , which was released on Thursday, showed that Indonesia may run out of oil by , holding constant the figures for production and proven reserves. The report showed oil production from the Southeast Asian nation stood at , barrels per day last year, with remaining reserves at 3. Oil consumption was 1.

Lack of successful exploration and maturing wells are viewed as the reasons why Indonesia lost its oil exporting nation status in , subsequently leading to its decision to exit the Organization of the Petroleum Exporting Countries in Coal, which is plentiful in Indonesia, is expected to be completely depleted in the next 14 years, according to the report.

Last year alone, Global coal reserves were estimated at around While lagging behind in terms of development, Indonesia has greater proven reserves of natural gas, estimated last year at 2. Output, meanwhile, was In the past 10 years, the country has seen natural gas reserves climb 12 percent, although this is barely 50 percent of the rate of growth globally, at 21 percent.

Only three months prior, a year-old, Aprilia Wulandari, was found drowned in a soccer field-sized mine pit on the outskirts of Samarinda, the regional capital of East Kalimantan. Aprilia was reportedly playing with friends on her way home from school when she fell into the unmarked pit. JATAM recently released a confronting YouTube film with interviews of the families who have lost children to mining pits.

Decentralisation laws, particularly the Minerals and Coal Mining Law, gave district and municipal administrations the authority to issue mining permits. As a result, mining has exploded across Indonesia. In East Kalimantan alone, nearly 50 per cent of the province is now covered in coal mining permits, threatening agricultural land and conservation areas. New powers for allowing district governments to issue permits did not, however, correspond with an increase in budget or capacity for local management and monitoring of mining operations or clean-up activities.

The results are devastating. East Kalimantan mining pit from the air — Tessa Toumbourou. Decentralisation and the global mining boom brought chaos to the industry. Some mines are located within metres of homes and schools. Acids and sulphates from mining have leeched into rivers, contaminating local water catchment areas, fish ponds and wet rice fields according to local farmers in and around Samarinda who have experienced dramatic reductions in yields as a result.

With the boom in coal exports now over, many small and medium-sized mines have closed or remain inactive. But they continue to pose a serious threat to residents. The blue-green colour of the water-filled mine pits lures young people to them, who then misjudge the depth of the pits and the steep sides that make them difficult to escape. Furthermore, Greenpeace researcher Cut Hilda Meutia found that the pits contained high levels of chemicals, including magnesium, iron, aluminium, cadmium and arsenic.

As the impact of ingesting or absorbing these chemicals is not immediate, the negative effects accumulate over time. Civil society organisations CSOs have worked hard to push local administrations to clean up abandoned sites. In , after 11 people had drowned in disused mining pits in East Kalimantan, CSOs decided to pursue legal avenues.

Nineteen plaintiffs impacted by coal mining presented at the trial, including rice farmers and fishermen who claimed that their diminishing water supplies were increasingly acidic due to dust particles released by mining operations. By not fulfilling this requirement, the court decided, the local government had denied the people of Samarinda their right to enjoy a clean and safe environment. The court also ordered the government to evaluate all coal mining permits in Samarinda, monitor reclamation and other post-mining efforts, and take action to protect community farming and fishing areas from contamination by coal mining activities.

Yet, since then little has improved, and children continue to drown in exposed coal mining pits in Samarinda and in the neighbouring district of Kutai Kartenegara. NGOs believe one of the reasons for the sluggish response could be the recent reforms that have shifted authority over mining permits.

Following a transition period, which should be completed by 2 October , provincial governments will be responsible for issuing permits, and also for evaluating the status of problematic mining permits in their jurisdictions. Governors must report the results to the central government, which will decide whether to maintain or cancel the permits. Muhammad Muhdar, lawyer and researcher at Samarinda-based NGO Prakarsa Borneo, explains that post-mining clean-up and pit closure is the responsibility of companies.

District governments — until the introduction of the new law — were tasked with enforcing and overseeing this process. Yet despite the real dangers of leaving mine sites exposed, companies often evade their reclamation responsibilities.

Laws require that companies set aside funds for reclamation activities before conducting extraction work, but in practice these obligations are often not met. Frustrated with government inaction and excuses, CSOs have tried to find creative responses to the problem. East Kalimantan governor Awang Faroek Ishak has indicated his willingness to reform mining governance.

Awang has a chequered past when it comes to the mining industry. In Awang issued a provincial moratorium on new concessions for mining, plantations and pulp and paper, which was restated in Awang has issued a statement saying that those companies on whose concessions mining-pit deaths have occurred must submit a mine closure plan and report on reparations paid to victims.

Perhaps the most important reform has been the passing of a provincial regulation in enacting a supervisory commission. The commission will consist of government and civil society representatives tasked with overseeing mining reclamation and clean-up efforts, an important development that will introduce transparency and participation in the mining clean-up process, ensuring that pits are closed safely and in accordance with environmental standards.

An important step for improving mining governance in Indonesia will be ensuring that the shift in authority for mining permits from district to provincial governments does not slow down reforms. In the end it is the central government that should ensure there is no confusion over the division of responsibilities between the districts and the provinces. In response Jokowi has issued an audit of all mining permits issued in East Kalimantan. It seems momentum is finally gathering, and there is now an opportunity to tighten controls and mitigate further losses to human life, and to the ecosystems on which life is sustained.

For this to happen, Jokowi needs to ensure that his demand for an audit of the mining sector results in real improvements in mining governance in East Kalimantan. Tessa Toumbourou t. But almost none of the companies have paid their share of billions of dollars owed to repair the badly scarred landscape they have left behind. Abandoned mining pits have now become death traps for children who swim in them, and their acidic water is killing nearby rice paddies.

Indonesia has tried, mostly in vain, to get mining companies to keep their promises to clean up the ravaged landscape. Patria estimated that 90 percent of the more than 10, mining license holders had not paid the reclamation funds they owe by law. One-third are for coal. Even if they wanted to, many companies now lack the cash. The problem is not unique to Indonesia. As mineral prices languish, even major global miners are trying to avoid hundreds of millions of dollars in increasingly hefty closure costs, mostly by selling off pits.

In East Kalimantan alone, around half the province was covered in coal mining permits. Under President Joko Widodo, elected in , Indonesia has promised to turn around its dismal environmental record. The administration has also wrested control over natural resources away from local leaders, giving it to provincial governors instead.

He is threatening to punish mining companies that have failed to restore the land, he said in an interview. But the data on mining companies and funds for rehabilitation are missing, he said. Greenpeace activist Kiki Taufik says governors do, however, have the authority to freeze permits and operations while they investigate.

Most of the mining licenses went to small firms, many of which have gone bankrupt or simply abandoned their operations, mining industry officials say. Looking at the 56 mines in Samarinda, no more than 10 are still active.

The mining companies themselves are supposed to restore the land from money they paid into accounts held at state banks and supervised by local officials. The central government has had a list since of nearly 4, licenses that have failed to meet their requirements. It expects to be able to revoke the problematic permits only by January Pressure from campaigners is increasing as mine closures reach a peak by , according to some industry estimates. One set of 2, coal permits and contracts, compiled by mining consultancy SMGC and reviewed by Reuters, showed the average expiry date of the permit is October But environmental watchdogs say an end to permits does not mean an end to mining.

In areas where companies are conducting reclamation activities, it is usually not to replant forests — most mining concessions are being turned into housing developments, agricultural land or other uses, environmentalists and industry officials say.

In the meantime, the run-off water and mud from abandoned pits, numbering around in Samarinda alone, are polluting surrounding rice paddies and rivers. The mines, however, have followed him there. The attractive aqua hue of the water in the abandoned pits conceals a darker story: 24 local children using them as swimming holes have drowned around Samarinda over the past five years. This moratorium will be implemented after the issuance of a planned presidential instruction regarding a five-year moratorium on new palm oil plantation concessions.

Moratoriums in the palm oil and coal mining sectors will also show the world that the Indonesian government is willing to take efforts that aim at the preservation of the environment. Although some say it is easy to implement a moratorium on new coal mining concessions now coal prices are touching multi-year lows, others say it is still a valuable moratorium because amid low coal prices companies — those that are in the coal mining market for the long run — now have the momentum to purchase new concessions for a relatively cheap price.

The moratorium, however, blocks their ambitions. Those mining companies that already obtained concessions prior to the moratorium will still be able to expand their coal business as long as their expansion plans are in line with existing permits and regulations. This moratorium can provide the momentum to order and organize the coal mining sector in terms of mining permits.

Since the Reformation period when the process of decentralization was started, the regional governments of Indonesia in coal-rich areas particularly on Kalimantan and Sumatra have been issuing thousands and thousands of Mining Business Permits Izin Usaha Pertambangan, or IUPs — possibly because local officials can make some extra money through the issuance of the license — without keeping a proper administration. Hence, there occur numerous cases of overlapping concession areas, while many of the mining companies lack the mandatory clean and clear certificate CnC.

This CnC certificate — that was introduced two years ago — shows that the miner has no outstanding royalty obligations and other tax debts, fulfilled its exploration and environmental commitments, has no property delineation issues and obtained the necessary forestry permits. ET Sara. Schonhardt wsj.

The massive Batu Hijau mining pit on the Indonesian island of Sumbawa in ; after more than 30 years in Indonesia, Newport Mining is selling its piece of the mine to a group of local investors. Newmont in June agreed to sell its In recent years Indonesia has required foreign miners to gradually reduce their stakes to less than half, raised the taxes and royalties they pay and mandated they process ore locally-requiring a major investment in smelters at a time when commodity-price uncertainty has miners around the world tightening their belts.

Newmont, which has mines across the globe including in the U. During a conference call to discuss the sale, Mr. Goldberg said the company is consolidating assets around high-margin projects in lower-risk areas and turning its focus back to gold. By law, miners are required to eventually shift from long-term contracts of work to a licensing system in which they say their rights are more limited. Analysts say the rules have made Indonesia an increasingly difficult place to do business and have deterred exploration investment.

The government says foreign miners are still willing to invest in Indonesia. Bambang Gatot Ariyono, director-general of minerals and coal at the energy ministry, said several companies have signed amended contracts, and the government is working with miners to revise and clarify rules. Newmont ore in a warehouse at the Sumbawa island port of Benete in A spokeswoman for Medco said that as a domestic company it sees long-term value in investing in Indonesia and is confident it will secure the licenses needed to keep the mine operating.

Some major miners, such as U. A spokesman for PT Freeport Indonesia said that the company intends to continue to cooperate with the government. However, many smaller miners have suspended operations and some large-scale operations have reduced mining activities and exports due to uncertainty over contract extensions, say analysts.

To receive an export permit, companies had to demonstrate progress on refining. Money is fungible. Kenneth Fuss, Aug 30, I wonder if the increased regulation of foreign miners has anything to do with the Riady family? They have extensive mining interests in their home country.

The Riady family still exports low-sulfur coal from its Indonesian mine to utility companies in the USA. The government demanded that Freeport and Newmont process their concentrate locally rather than shipping to Japan and China, a not too unreasonable demand given the cash flow of these operations. Copper is down at the present. It will be interesting to see if Freeport is able to renegotiate their COW Contract of Work given their reluctance to build a smelter in Indonesia???

Coal — a fossil fuel — is the most important energy source for electricity generation and also forms an essential fuel for the production of steel and cement. A negative characteristic of coal, however, is that it can be labelled as the most polluting energy source due to its high proportion of carbon. Other vital energy sources, such as natural gas, are less polluting but significantly more exhaustive and more susceptible to price fluctuations on the world market.

At current rates of production and if new reserves are not found , global coal reserves are estimated to last for around years. China USA India Australia Indonesia Russia South Africa Colombia Poland Kazakhstan Since , when it overtook Australia, the country is leading exporter in thermal coal.

According to information presented by the Indonesian Ministry of Energy, Indonesian coal reserves are estimated to last around 83 years if the current rate of production is to be continued. Regarding global coal reserves, Indonesia currently ranks 10th, containing roughly 3. There are numerous smaller pockets of coal reserves on the islands of Sumatra, Java, Kalimantan, Sulawesi and Papua but the three largest regions of Indonesian coal resources are: 1.

South Sumatra 2. South Kalimantan 3. East Kalimantan. The Indonesian coal industry is rather fragmented with only a few big producers and many small players that own coal mines and coal mine concessions mainly in Sumatra and Kalimantan.

Since the early s, when the coal mining sector was reopened for foreign investment, Indonesia witnessed a robust increase in coal production, coal exports and domestic sales of coal. Domestic use of coal remains relatively small. Coal is the dominating force in power generation. Indonesia contains abundant reserves in medium and low-quality coal.

Demand for low quality coal from these two countries has skyrocketed as many new coal-fired power plants have been built to supply electricity to their immense populations. The commodities boom of the s generated significant profits for companies engaged in the export of coal. The rise in commodity prices was — to a large extent — triggered by accelerated economic growth in emerging and developing economies.

But this profitable situation changed with the outbreak of the global financial crisis in when commodity prices went down fast. From the latter half of until the beginning of a sharp rebound in global coal prices occurred. However, reduced global economic activity has lessened demand for coal, thus resulting in a downward trend of coal prices starting from early During the lucrative s commodities boom many new coal mining companies were established in Indonesia while existing coal miners raised investment to expand production capacity.

Despite global awareness to reduce dependency on fossil fuels, developments in renewable energy resources do not show an indication that dependency on fossil fuels especially coal will be reduced significantly in the foreseeable future, thus coal remains a vital energy resource. Clean coal technologies in coal mining, however, will gain significance in the future partly due to commercial relevance and Indonesia is expected to become heavily involved in that process being a major player in the coal mining sector.

These clean coal technologies focus on the reduction of emissions produced by coal-fired power generation but lack sustained progress yet. Upstream activities connected to coal mining, such as the development of coalbed methane CBM reservoirs of which Indonesia contains great potential, has begun to receive attention recently. To secure domestic supplies, the Indonesian Ministry of Energy and Mineral Resources orders coal producers to reserve a specific amount of their production for domestic consumption.

Moreover, the government can use export tax to discourage coal exports. Another recent development is that the Indonesian government intends to curb shipments of all raw materials except for coal , instead requiring the mining sector to add value to the products before export takes place. Initially, the plan was to ban raw mineral exports from onward. Recently, however, the government has stated that it will be more flexible towards this ban and expressed that some exports can continue under certain conditions.

Coal will not be affected by this ban according to government statements made in , thus can continue to be exported without being processed first. The Mining Law provides general provisions regarding coal and mineral mining activities in Indonesia. Further, a number of implementing regulations have been subsequently enacted by the Government both central and regional as an implementation of the provisions of the Mining Law.

The main implanting regulations of the Mining Law are, among others, as follows: a. Government Regulation No. According to the Mining Law, different Government bodies have the authority to administer the mining industry, as follows:. An IUP is a licence issued by the relevant Government. CCOWs and COWs provide rights to mine coal and minerals granted to mining companies based on mining contracts entered into by central Government with the mining companies for a certain period.

However, currently most of the existing CCOWs and COWs are yet to be adjusted, despite the fact that the one-year period for such adjustment has lapsed. However, pursuant to Law No. IUPs if the applications are submitted by a foreign investment company, which is an Indonesian entity, the shares of which are owned in whole or in part by foreign shareholders pursuant to Law No.

Production Operation IUPs specifically for processing and refining, if the mining products are supplied or imported from other provinces outside the processing and refining facility, and for a PMA; and e. The Governor has the authority to issue: a. IUPs for metal minerals and coal for domestic investment in the WIUP which is located within one province, including on a seabed more than 12 miles from the coastline; b.

IUP for non-metal minerals and rocks for domestic investment in the WIUP which is located within one province, including on the seabed more than 12 miles from the coastline; c. Production Operation IUPs specifically for processing and refining for domestic investment, if the mining products are supplied from the same province; and e.

IUJPs for domestic investment if the services are rendered within the same province. The source of law affecting the mining industry in Indonesia consists of the following: a. Government Regulations; d. Presidential Regulations; e. Ministrial and its sub-divisions Regulations; and f. Regional Regulations Peraturan Daerah. In theory, some other legal sources may also affect the mining industry, such as decisions of the Constitutional Court and other court decisions.

An Exploration IUP is required to be obtained for a mining company to conduct the reconnaissance phase activity. The Exploration IUP is required not only to conduct the exploration activities, but also the general survey and feasibility study or other reconnaissance activities. As mentioned in question 2. Before the Government opens the tender process, the Government has to firstly determine the mining area in consultation with the Parliament and the regional Governments.

Currently, the Government is still in the process of determining the mining area throughout the Indonesian territory. Therefore, to date, the Government has not yet opened any tender process and, consequently, no new IUP under the Mining Law has been issued to date.

Further, a mining company which has completed the feasibility study in the exploration stage can apply for a Production Operation IUP. The application for obtaining non-metal minerals and rock WIUPs is not conducted through a tender process, but through a direct application from the applicant to the Government depending on its authority as follows:.

The MEMR has the authority to issue: a. Please refer to the process described in question 2. Yes, the procedures will be based on the type of minerals. With respect to the types of land, the procedure for obtaining land rights would be different based on the type of land concerned.

For example, if the mining area is located in i a forest area which is not a protected forest area , the mining company must obtain a borrow used permit from the Ministry of Forestry, ii a forest area on which area there is a forest concession, an agreement with the forest concession company is required, iii an area which is owned by another party, an agreement with the land owner is required, or iv an area which is owned or occupied by another parties or local communities, a land relinquishment must be conducted.

The procedures applicable for natural oil and gas are not within the scope of the Mining Law, and therefore they are different from the procedures for mining. Foreign investors must have an Indonesian vehicle to conduct mining business activities in the form of a PMA company pursuant to Law No. Ikcn coal mining amp trading googles instant articles competitor is about to take over mobile aug 2 googles accelerated mobile pages more commonly known as amp are meant to be a coal shun shing group coal is the newest item added to shun shing groups portfolio the coal desk was started in mid and hasget p Read More ikcn coal mining amp ampamp trading gruppozetasrl Ikcn Coal.

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