Law No.4 of 2009 regarding Mineral and Coal Mining (the Mining Law) has been a legal basis and a guideline for mining management in Indonesia. In its implementation, the Mining Law has been submitted seven times for judicial review to the Constitutional Court (Mahkamah Konstitusi “MK“). However, only four requests were granted. In addition, the presence of Article 14 paragraph (1) of Law No. 23 of 2014 regarding Regional Government (UU Pemda) which states that “the administration of government affairs in the field of forestry, maritime affairs, as well as energy and mineral resources between Central and Regional/Provincial Governments, has created new uncertainties in the implementation of mineral and coal mining in the regions.
Aside from that, the Mining Law has not yet resolved legal issues related to licensing, processing and/or refining, protection the affected community, and sanctions. Therefore, on 12 May 2020, the House of Representative (Dewan Perwakilan Rakyat “DPR”) passed the Bill of the Mining Law. As of 10 June 2020, this Mining Bill was signed by President Joko Widodo and passed into the New Mining Law (Law no. 3 of 2020).
Our Lawyer and Legal Writer has prepared a Legal Memo which is intended to outline the changes found in the New Law. The Legal Memo can be downloaded here ←
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This publication has been prepared by Nursanti Kireina Savitri for general informational purposes only to provide clients with information on recent legal developments and is not intended as legal advice or opinion.