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...

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...

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,...

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....

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....

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...

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...

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...

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...

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 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...

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 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...

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...

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,...

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...

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)...

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...

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...

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 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...

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,...

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...

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...

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...

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....

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...

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...

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,...

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,...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

Mining areas have been damaged by mining activities, and structurally damaged so that they can no longer be utilized as a result of mining. However, it can still be done utilization efforts by changing the status of its management into something that can benefit the community and the country. This effort...

This paper aims to analyze the recognition of access to environmental justice in Indonesia with a case study on mining for cement located in Kendeng Mountains. As mining is commonly known to have significant harmful effects to rural activities, it is important to portray the current rules of public engagement...

The shortage of electric power, the decline in oil and gas reserves and the impacts of climate change are among the issues affecting the Indonesian energy sector. New energy related-technology therefore needs to be adopted to address these issues. However, as a civil law system country and because of...

Law no. 4 of 2009 on mineral and coal mining in its consideration states that "the minerals and coal contained in the territory of Indonesian mining law are non-renewable natural resources, therefore the management must be controlled by the State to provide real added value to the national economy" The...

This paper aims to explain the normative rules relating to cost recovery as a basis for profit sharing between the government and the contractors in oil and gas agreements, and the implementation of those agreements. As the exploration and exploitation of oil and gas is a strategic industry for Indonesia,...

Investments are expected to significantly contribute to the growth of the renewable energy industries in Thailand and Vietnam. From the business and financial perspectives, a solid legal framework appears essential for the investors. On the one hand, it should serve as a legal basis addressing how the...

This research aims to analyze the problem of weak world governance in the field of mining in order to provide justice in the economic field of mine management and sustainable environmental stewardship, so that environmental execution can be maintained, and it can minimize the impact of mining exploration....

Establishment of Holding BUMN Mining was formally established on 27 November 2017 in Jakarta with PT. Indonesia Asahan Aluminum (Inalum) becomes the holding company of state-owned mining company PT Aneka Tambang Tbk, PT. Bukit Asam, Tbk, and PT. Timah, Tbk becomes a subsidiary. With this Holding BUMN...

This paper aims to analyze the evaluation of the energy worker regulation that has been transformed to gross split contract. As the Government of Indonesia changed the PSC scheme with cost recovery to the scheme of gross split revenue contract through the Regulation of Minister of Energy and Mineral...

With the enactment of Law No. 2 year 2012 on Land Procurement for Public Interest and Development, it raises the issue of agrarian conflict specifically for mineral and coal mining areas. It makes the right of the people in a weak position, where the community must move out of their land area of ownership...

Nitrogen is gas-shaped chemical element, symbolized with the letter N and its atomic number is 7. Nitrogen is colorless, odorless, flavorless gas, as well as diatomic gas which is difficult to react with other elements or compounds, forming Nitrous Oxide Medical Gas (N2O), in the medical field is used...

Freedom of contract is embedded to each individual involved in a contract making. When it is related to a contract between government and its partner, the contract should bring equity and justice to both parties, and no one should be harmed or disadvantaged. This is categorised as normative juridical...

The abundant natural resources and energy are Indonesia precious wealth. The potential of metallic mineral resources and reserves is spread over 437 locations in western and eastern Indonesia. But in fact, many people can find disadvantages from these activities, there are still many companies that can...

This short chapter provides a brief introduction to the key steps of how to reform energy law. Initially, there is a need to understand energy law and its origin and its relationship with other disciplines through the energy life-cycle. Then the article details the drivers of energy law, four recent...

This paper aims to find solutions related to law enforcement to the mining crime of class of C without permission under Law No. 4 years 2009 on Mineral Mining and Coal. The handling of unlicensed Mining Permit cases that occurred in several regions in Indonesia has been proven by several cases processed...

In Law No. 4 of 2009 on Mineral and Coal Mining, where one of the goals of the Law No. 4 Year 2009 is to increase the income of local communities, regions, and countries, and create jobs for the greatest welfare of the people. The regulation then the mining activities will absorb the workforce of the...

Indigenous peoples and local communities are among the best environmental guards. Their livelihoods and culture depend on forests, clean water and other natural resources, so they have high motivation to manage their land sustainably. The problems raised by this research: how is the effectiveness of...

Mining is one of the main sectors of foreign exchange revenues that have potential nili compared to other sectors, in addition to providing positive impacts in various fields of economic, social-cultural and environmental impacts, but also raises some of the problems that can not be avoided is environmental...

The old well drilled before 1970. Until now, there are still old wells that remain active for removing petroleum. The management of the old well is the authority of the central government. Ministry of Energy and Mineral Resources regulates the management of wells by issuing Regulation of the Minister...

Cases involving land disputes can never be receded and tend to increase in terms of complexity of the problem and its quantity as economic, social, and political dynamics. It needs a systematic handling. Various efforts to resolve land disputes through the existing litigation process are considered not...

Legal Policy on mineral mining and coal has provided protection to the people and the nation as a form of state partiality to the nation's interests based on the constitution. The enactment of Law No. 4 of 2009 on Mineral and Coal Mining and Law No. 23 of 2014 on Regional Government greatly impact on...

Abstract of this paper aims to analyze the Regulation of Law no. 22 of 2001 on Oil and Gas (Oil and Gas Law) becomes a new round in regulation of oil and gas regulation in Indonesia. This oil and gas law wishes to emphasize that Indonesia's national development should be directed towards the realization...

Talks on divestment, especially the divestment of mining shares began to be discussed by experts and the government since the dispute over the divestment of shares between the Government of Indonesia and PT. Freeport Indonesia and PT. Newmont Nusa Tenggara. The problem of divestment in the mining sector...

On April 11, 2018 PT Pertamina (Persero) had acquired State shares in PT National gas Company. Thus Pertamina has completed corporate action to become Oil and Gas Holding. Pertamina is a State-Owned Enterprise (BUMN) in the form of Limited Liability Company which is subject to Law Number 40 year 2007...

This article provides a discussion material concerning position of adat law in the process of forming positive law seen from the perspective of legal pluralism. The main issue focused on this article is to what extent, from the perspective of theories, adat law can be accommodated into a positive state...

Permission terminology is distinguished by the terminology of mining power. This terminology changes in line with the issuance of Law No. 4 of 2009 on Mineral and Coal Mining which replaces Law Number 11 Year 1967 on Basic Provisions of Mining. The implication is that the licensor can no longer easily...

Mining process can also be described as the extraction of valuable minerals or other geological materials from the earth, usually from an orebody, lode, vein, seam, reef or placer deposit. These deposits form a mineralized package that is of economic interest to the miner. Mining is one of the sectors...

One area of concern to foreign investors in terms of investing in Indonesia is the mining sector. To that end, the government seeks to direct and manage the natural resources that are included in the mining business field. Mining business fields include petroleum, natural gas, coal, metals, tin, iron...

An investor in oil and gas industry take the risk of concluding a long-term contract with a state counterparty that has the power at any time to change the tax law applicable to its contract. In this situation a state party cannot reassure an investor counterparty sufficiently to take such a risk. Tax...

A fundamental philosophy of sharing contract states that the ownership of natural resource is in the government authority until the point of turning over, controlling operational management under country control, capital and risk entirely is the responsible of the contractor. Gross Split mechanism in...

Mining activities are activities that have high potential to damage the environment and cause the balance of ecosystems to be disturbed, then the reclamation and post-mining activities have its own problems to be tested further. Forms of legal protection on mined land under the Minerals and Coal Act...