ADCO Law Advising and Assisting the Ministry of Energy and Mineral Resources of the Republic of Indonesia in the Judicial Review of the Mining Law Before the Constitutional Court of the Republic of Indonesia

We are honored to announce that ADCO Law successfully advised and assisted the Ministry of Energy and Mineral Resources of the Republic of Indonesia in the Judicial Review of the Mining Law before the Constitutional Court of the Republic of Indonesia (Case No. 37 PUU of 2021), on Thursday, 29 September, 2022.

ADCO Law advised and assisted the Government of Indonesia, specifically the Ministry of Energy and Mineral Resources, cq. the Directorate General of Mineral and Coal in the preparation of various strategies, answers, and evidence to be submitted to the Panel of Judges of the Constitutional Court.

The panel of judges in its decision has stated that the application for review of Article 4 paragraph (2) and (3), Article 162 as amended by Article 39 paragraph 2 UUCK, Article 17A paragraph (2), Article 22A, Article 31A paragraph (2), Article 169A paragraph (1), Article 169B paragraph (3), and Article 172B paragraph (2) cannot be accepted.

The panel of judges has also agreed to state that Article 17A paragraph 2 of Law 3/2020, Article 22A, Article 31A paragraph (2), and Article 172B paragraph (2) are indeed related to guarantees, meaning that the Central Government and Regional Governments shall guarantee that there will be no change in space utilization.

“This is the result of the team’s dedication and commitment to constructing a mature strategy and comprehensive argumentation supported by the interrelationships between the articles of the regulations, as well as evidence and testimony from experts. The success in convincing the Panel of Judges to reject the claimants’ arguments is certainly a manifestation not only of my hard work as team leader but also that of our partner, Dendi Adisuryo, and of all the members involved, including Rian Wicaksana, Danil Pratama, Liza Mashita, Panji Martua Hasibuan, and Zata Mahardika,” said Morales Sundusing, Senior Associate at ADCO Law.

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ADCO Law is a law firm that offers clients a wide range of integrated legal services, including commercial transactions and corporate disputes in a variety of industry sectors.

Over the course of more than a decade, we have grown to understand our client’s industry and business as well as the regulatory aspect. In dealing with the business dynamics, we provide comprehensive and solid legal advice and solutions to minimize legal and business risks.

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ADCO Law

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Phone : +6221 520 3034

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Disclaimer: This article has been prepared for scientific reading and marketing purposes only from ADCO Law. Accordingly, all the writings contained herein do not constitute the formal legal opinion of ADCO Law. Therefore, ADCO Law should be held harmless of and/or cannot be held responsible for anything performed by entities who use this writing outside the purposes of ADCO Law.