Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)

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81 articles

Patent Norm Conflict on Trade-Related Aspect Intellectual Property Rights (TRIPs) in Mining Perspective

Anak Agung Sagung Ngurah Indradewi
Law No. 4 of 2009 on Minerals and Coal constitutes the legal basis of mining business activities in Indonesia, in which case foreign companies shall be subject to the provisions of Law Number 13 Year 2016 regarding Patents in the context of holders of mining patents. The provisions of Article 20 paragraph...

Regulation to Mining’s Labors

H. Abustan, Teuku Saiful Bahri Johan, Otom Mustomi, Siti Miskiah
The role of law in the context of employment is something that can protect and as a form of government responsibility in protecting citizens (State responsibility to protect), provide security, peace and orderly to achieve prosperity and justice of each person. In the context of this study, it is not...

Energy Governance Through Local Extractive Industries Transparency Initiative (EITI)

Adi Kusumaningrum
The natural wealth of a state beneath the earth’s surface, such as mineral, natural gas, coal and petroleum are the main factor of the existence of the term of "Extractive Industry". Considering that natural wealth including extractive industries is one of the main sectors for the economic development,...

Implications of Regional Autonomy for National and Local Coal Mining Development Companies: Case Study of The closure of PT. BA-UPO in Sawah Lunto, West Sumatra

Ade Saptomo
This paper aims to analyze the relationship between the implementation of regional autonomy policy with the National Coal Mining Company and the emergence of the Local Coal Mining Company in Indonesia with a particular case study on the case of coal for mentioned Coal located in Sawah Lunto, West Sumatra....

Use of Foreign Workers in the Mining Sector

Adnan Hamid
Article 27 paragraph (2) of the 1945 Constitution, states that "every citizen has the right to work and livelihood that is suitable for humanity". This article means that the State is obliged to provide employment for its citizens by giving the widest possible opportunity to its citizens to obtain employment....

The Anomaly of Bankruptcy in the Indonesian Mining Law

Al Araf, Hendra Kurnia Putra, Awan Puryadi
Indonesian mining law has decided to adopt bankruptcy as a tool of power to control mining business in Indonesia. Under article 119 Act number 4 year 2009 states that government has the authority to withdraw mining licenses in the event of bankruptcy. In this law states in this cases is government exercises...

A State Steps in the Market of Sovereign Mining on the Problem of Without Permission (PETI)

Alpius Sarumaha
Unlicensed mining (PETI) can be defined as a mining business on all types of excavated materials with the implementation of its activities without based on the rules / rules of mining law authorized by the Central or Regional Government. Natural resource management is the right of the state to manage...

Administrative Law Enforcement in Mining Businesses in Indonesia

Amelia Ayu Paramitha, Tunggul Anshari Setia Negara
The condition of administrative law enforcement in the environmental field is in fact still very concerning. The reality of this condition can be observed from various examples of violations regarding protected areas, sectoral permits that have not been utilized to control environmental impacts, careless...

An Analysis of the Marine Aggregate Extraction in Indonesia from Maritime Security Perspective

Aria Cakra Wibawa
The purpose of this article is to provide a legal analysis of marine aggregate extraction in Indonesia from the perspective of maritime security. Maritime security threats cover various illegal activities over the ocean. Current marine aggregate extraction in Indonesia has contributed to a new threat...

Lowering Of Government Supervision Impact On Weight Of Criminal Legal Rules To Real Mineral And Coal Mining Business In Indonesia

Bambang Eryanto Hermawan, Sonder John Wendhy
In the implementation of mining business, the government is authorized in terms of guidance and supervision in this case by the Minister of Energy and Mineral Resources. As well as criminal sanctions stipulated in Law No. 4 of 2009 is still relatively low. Where in this case experiencing an inaccurate...

The Problem of the Implementation of Criminal Certification on Corporate Social Responsibility (CSR) on Business Conduct in Mining in Indonesia

Bambang Eryanto Hermawan
The nature and certainty of law in determining the existence of a government's initiative towards Corporate Social Responsibility (CSR) is to ensure in that action the existence of a social principle and environmental protection that must be regulated legally. Of course, there is an implication which...

Corruption: Does Environmental Damage Constitute State’s Financial Loss?

Bambang Sugiri, Alfons Zakaria
The purpose of this paper is to analyze the equalization of environmental damage with the financial loss of the State by the KPK’s prosecutor in indicting the perpetrators of corruption charged under article 2 and 3 of Act No. 31 Year 1999. The decision of the Corruption Court in Nur Alam case stating...

The Implementation of Ultimum Remedium Principles in Law Enforcement of Criminal Act Illegal Mining

Mr. Basuki
The problem of illegal mining crime is a problem that is not merely a problem that can be solved criminally, but also associated with social, economic, and community environment, because the perpetrators are mostly local community groups who are marginally dependent on illegal mining, therefore becomes...

Shifting Informal Actors of Traditional Miners into Formal: Case Study Pasaman, West Sumatera

Benny Oktis Yanurwenda
The paper examines the issue about traditional miners as a part of complicated problems in mining sector. There are the potential conflict in operational level caused by granting mining license to the mining sites where traditional miners exploiting the resources. It is the needs to reduce the conflict...

Impact on Government Policy Prohibiting Export of Mining Products and Minerals Raw Materials

Bram B. Baan
This paper aims to analyze the impact of prohibiting the export of raw materials of mining products as mandated by Law Number 4 of 2009 concerning minerals and coal. Since the mining products are the non-renewable natural resource controlled by the state and used for the greatest prosperity of the people,...

Managing the Dispute Resolution Process in the Energy and Mining Sectors

Choong Yeow Choy
This paper examines two major aspects of the law and policy relating to the international legal system on international investment. The first concerns the objectives and rationale of the international instruments, namely, investment treaties that apply to and underpin international investment law. The...

Critical Analysis on Enforcing the sincerity exploration as a requirement in giving the Mining Business Permit (Licence)

Dewi Cahyandari, Prof Sudarsono
Discussion related to mining is a discussion with never ended topic. Almost all countries in the world compete to dominate natural resources like oil, natural gas, gold, coal, etc. Countries with the biggest natural oil resource will attract the investors; therefore, the role to give licence (permit)...

Deep-Sea Mining Law in Indonesia: Challenges and Opportunities

Dhiana Puspitawati
This paper provides a preliminary review in regards to the challenges and opportunities of legal frameworks establishment for the deep-sea mining in Indonesia. While it is relatively new, deep-sea mining has become a very essential issue in international forum. In an effort to become independent of imports...

Weak Regulations and Application of Mining Laws that Are Not Profitable for Countries or Locations of Community Mining

Diana Ria Winanti Napitupulu, Bambang Eryanto Hermawan
In mineral and coal mining businesses have an important role in providing significant added value to national economic growth and sustainable regional development, whose implementation is still constrained authority between central and local government, licensing, processing and refining, protection...

Enforcement of Regulations in Medical Gas Management in Indonesia

Ms Efrila
Medical gas is an energy resources deem as necessary for human survival. Medical gas may be beneficial to human survival if properly managed and used as required, but this medical gas may pose a danger or risk if its management is not carried out properly because of the nature of the medical gas that...

The Law Enforcement Dilemma on Illegal Mining in South Kalimantan

Endah Labati Silapurna
The existence of the mining sector such as coal mining for example, as one of the nonrenewable resources is needed to support mining activities. The mining sector located along the Meratus mountains in the forests of Borneo on one hand has economic benefits, but on the other it can cause various environmental...

The Protection of Mining Area in the time of Armed Conflict

Fransiska Ayulistya Susanto, Herman Suryokumoro
This paper offers the analysis of the Protection of the Mining area in the time of armed conflict under the perspective of International law and especially international humanitarian law. It argues that mining area is protected area under the International humanitarian law as protected object. However,...

The Corporate Crime Liability for Environmental Pollution

Hadi Purnomo, Faisal Santiago
Environmental pollution resulting in damage to the quality of the environment, will certainly reduce the carrying capacity of the environment. The reduced carrying capacity of the environment results in reduced human environmental benefits. Potential environmental issues that can affect the sustainability...

Utilization of Natural Resources in the Mining Sector Related to the State Welfare

Hamdan Azhar Siregar, Mr Untoro, Teuku Saiful Bahri
Indonesia has a huge of natural resources such as mining, plantation, forestry, marine, these natural resources should be able to change the life of society as a whole. The state has not been able to utilize its natural wealth maximally. It can be seen that the sectors mentioned above have not been managed...

Change of Mining Business Working Agreements into Special Mining Business Licenses Under the Indonesian Mining Law

Hanif Nur Widhiyanti, Talitha V. Sahaly
The creation of Law Number 4 of Year 2009 on the Mining of Minerals and Coal (Indonesia Mining Law) has caused changes to occur on Mining Business Working Agreements, turning them into Special Mining Business Licenses, which is quite significant and has brought up several issues. Several of these changes...

Dispute Resolution in the Case of Production Sharing Contract vs Tax Treaty (Case Study of Government of Indonesia vs Oil and Gas Contractors in Branch Profit Tax Issue)

Harry Budi Artono
The dispute between Government of Indonesia and oil and gas contractors regarding branch profit tax rate has been the highlight of issues in the oil and gas industry since 2010, when BPK-RI (Indonesia’s Audit Board) released its audit findings on Central Government Financial Statements for year 2009....

The Environmental Sustainability Concerning Exploitation of Oil and Gas Based on Law in Indonesia

Ms. Hidayati, Faisal Santiago
Oil and Gas itself has a very strategic value for the life of the Indonesian people as a source of domestic energy and a very significant source of state revenue. However, various policies on Oil and Natural Gas issued by the government are still considered not able to elaborate the challenges and problems...

The Urgency of Human Rights Audit on Mining Company in Indonesia

Hikmatul Ula
Mining companies have the potential to violate human rights in conducting their business activities. The United Nations has issued Guide Line Principles in the business and human rights which essentially implements the principle of protection, respect and remedy of human rights issues. In the un-guidelines...

Construction of the Principle of Partisanship to the Interests of the Nation on Mineral and Coal Mining Law

Hudriyah Mundzir, Prof Sudarsono, Rachmad Safa'at, Dr. Istislam
Law politics is a legal policy on regulation that will be put into effect by writing new regulations or replacing the old ones in order to achieve national goals. Law politics on coal, mineral and mining act supporting nation interest may impel different interpretation on prevailing regulation of coal,...

The Application of Local Law in Marine Environment Conservation

I Nyoman Putu Budiartha, I Wayan Rideng, Ida Ayu Putu Widiati
Local law formulates the rules as a life guide to behave in life in the community of indigenous village area, especially in preserving marine environment in Bali. This paper analyzes the provisions of local law, in the form of awig-awig (customary law) which regulates the conservation of the marine environment,...

Reformulation of Corporate Criminal Sanction in the Mining Business Activities

Idris Wasahua
This paper aims to analyze how the regulation of corporate criminal sanctions in the current mining sector. This is because corporate criminal sanctions in the mining sector are regulated in various laws differently. In addition, it will also be analyzed how the current corporate criminal sanctions have...

Post Mining Land Reclamation Reviewed from Government Regulation No 78 Year 2010 about Reclamtion and Post Mining Study Implementation of Reclamation (PT Dian Rana Petro Jasa) on Regency of South Sumatra Province

Imam Karyono, Faisal Santiago
This writing aims to conduct a study on the implementation of Government Regulation No.78 Year 2010 on Reclamation and Post-mining on post mining land PT. Dian Rana Petro Jasa in Lahat Regency of South Sumatera Province. Coal mining in Lahat Regency has a positive impact and negative impact. The issue...

Reconstruction and Institutional Sovereignty of Oil and Gas Mining Management Based on Access to Justice

Imam Koeswahyono
The legal issues are related to how the state sovereignty in terms of planning, implementation, control, and evaluation over exploration and exploitation by investors is implemented according to the principles of the power of the state in mining regions. What arises as a problem is how the freedom of...

Judicial Analysis of Energy Management Regulation in the Local Level After the Enactment of Act Number 23 Year 2014 on Local Government in Indonesia

Indah Dwi Qurbani
In the past, policies on energy has always considered that the abundance of energy resources must be utilized in an optimizing manner. Whereas energy is classified as a limited natural resource and economically valuable therefore there is a need of certain awarenenss and care in exploiting it. In response...

Realising Good Governance Through Legal Principles in Oil Mining Management in Cepu Block in Bojonegoro

Ms Irnawati
This paper is aimed to analyse the realisation of good governance through the legal principles concerning oil mining management in Cepu Block Bojonegoro. As the oil mining management in Cepu Block is prone to conflict in government either vertically or horizontally, this paper discusses how to realise...

Land Rights Disputes Between Landowners And Mining Companies : A Case Study In Banyuwangi Regency, East Java, Indonesia

Iwan Permadi, Reka Dewantara
This article explores an issue where the mining company as the owner of the right to mining remains unable to directly extract mining products from within the land or mine without the consent of the landowner or the holder of the land rights despite the fact that the mining company holds a Mining Business...

Disputes and Solution Mining Business License in The State Administrative Courts

Jeanny H.V Hutauruk
Administrative court as one of the executive power also in charge of Justice to examine, decide and resolve disputes State Administration. In the State Administration dispute also known licensing dispute which is also the State Administration dispute, licensing dispute arising in governance will influence...

Mining the International Guidance on Mining

John Southalan
The last five years have produced many reports and guidance on how mining should occur to better balance its broader benefits and impacts. There are copious recommendations for government regulation and also for responsible company conduct. This article summarises the main documents here, together with...

Nation Wealth’s Legal Position that Separated on Pt Indonesia Asahan Alumunium as Main Holding of State Owned Enterprise for Mining Industry Based on Justice Principles

Mr Kusmono, Rudi Margono
States engaged in economic activities in order to achieve the goals of the state. Law Number 17 of 2003 on State Finance states that the form of state activity in economic activity is conducted through a state enterprise, known as a State-Owned Enterprise in the form of a Persero regulated in Law Number...

Legal Enforcement on Environment Pollution in Elegant Gold Mining Activities

Lisda Syamsumardian
Illegal mining cases in Indonesia, of course, require a law enforcement under applicable legislation to eradicate and provide a deterrent effect against illegal mining actors, in connection with efforts to protect the environment from pollution and destruction caused by illegal mining. Community activities...

Law Enforcement of Foreign Workers Abusing Immigration Residence Permit: Case Studies on Energy and Mining Companies

M. Alvi Syahrin, Irsan
The development of globalization brings various impacts on labour and immigration law in Indonesia. The most frequent immigration violations are the abuse of immigration residence permits by foreign workers, especially in energy and mining companies. The Turnkey Project Mangement between Indonesia and...

Mining Community Empowerment (A Study in Mine-Producing Areas of East Java Province, Indonesia)

Muhammad Lukman Hakim, Sihabudin
East Java is a province rich of oil and gas resources with total reserves of 249,19 million barrels of oil and 4,32 TCF of gas. Some oil and gas mining companies operating in large scales in the area of East Java, among others are; Exxon Mobil Oil, Pertamina, Santos, Petrochina, and Indo-Pacific. This...

CSR Implementation Concept of Mining Company in Indonesia According to Applicable Law and Theory

M. Rizky Aldila, Faisal Santiago
Particularly Corporate Social Responsibility (CSR) by Mining Company in Indonesia is regulated in Law Number 40 Year 2007 regarding Limited Liability Company (UUPT ). However, there are implementation constraints when it turns out that in the CSR arrangements between the articles in the Company Law there...

Implication of Artisanal Mining in Indonesia in the Mining Minoral Perspective

M. Rochman, Faisal Santiago
Mining is a business that always gives big enough profit for a country that has natural resource-rich nature. Indonesia is a country rich in natural resources, Indonesia guarantees in Article 33 Paragraph (3) Undang Undang Dasar Negara Republik Indonesia Tahun 1945 (UUD NRI Tahun 1945) that natural resources...

Local Government and Illegal Drilling

Marsudi Utoyo
Until early 2018, the Ministry of ESDM noted, the number of old oil wells Indonesia there are 13,824 wells. The Government of Indonesia offers the management of the old wells to the Regional Owned Enterprises and the Village Unit Cooperatives. But still minimal interest BUMD and KUD to manage the old...

Law Enforcement to the Negligent Entrepreneurs in Accomplishing Mining Reclamation in order to be Efficient according to its Function

Mimin Mintarsih, Mudzakir Iskandar, Bambang Sukamto
Mining goods are assets owned by Indonesia that can be added value in improving people's prosperity. As the mandate in the 1945 Constitution, Article 33 paragraph 3 states: "The earth, water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the...

The Future of Sustaining Energy Using Virtual Power Plant: Challenges and Opportunities for More Efficiently Distributed Energy Resources in Indonesia

Moh Fadli, Diah Pawestri Maharani, Airin Liemanto
Energy plays a vital role worldwide. In Indonesia, there are 40 million people living without electricity and this lack of electricity has hindered investment. Meanwhile, fossil energy sources are predicted to run out by 2015. This alarming condition encourages the researchers to find alternative renewable...

Quality and Validity Examination of Academic Paper in the Legislation of Local Regulation about Mining Management and Business

Muhammad Dahlan, Herlin Wijayati
At present the main challenges faced by governments and local governments in mineral and coal mining are the influence of global interests that drive democratization, regional autonomy, human rights, the environment, technological and information development, intellectual property rights and demands...

Indonesia Employees Mining Facing International Economic Era

Mr Mustajir, Faisal Santiago
The ASEAN Economic Community (AEC) is one of the pillars of the realization of ASEAN Vision, together with the ASEAN Security Community (ASC) and ASEAN Socio-Cultural Community (ASCC). AEC is the ultimate goal of economic integration as stated in ASEAN Vision 2020. The establishment of the AEC is conducted...

Social Movement in Indonesian Mining Law Enforcement: The case of peasants-scholars nexus in karst mining dispute in Java

Myrna A. Safitri
Java Island has serious environmental destruction since colonial times. Efforts to reduce the environmental burden of Java have been implemented for centuries by reallocating people and projects to outer islands. Nevertheless, Java is irreplaceable for several reasons. The ability of this island to provide...