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Sep

16

Changes of Investment Structure in Mineral and Coal Mining Sector

Indonesia’s Minister of Energy and Mineral Resources has recently relaxed regulations on changes in investment structures within the mineral and coal mining sector. In the past, changes such as those in investments, financing source, investment status (Foreign Investment or Domestic Investment), Articles of Association, could only be performed after obtaining ministerial approval.1

Now, through the Regulation of the Minister of Energy and Mineral Resources No. 11/2018, any increase in authorized capital, subscribed capital, and paid-up capital in mining companies can come into effect without approval. The caveat is that these changes must be in accordance with existing work and financial plans. Changes in investments that cause changes in control – such as an increase in authorized capital that changes the composition of shares ownership, for example – would still require the Minister’s approval. Similarly, changes in the composition of the BOD or BOC must be approved by the Minster of Energy and Mineral Resources.

Environment, Energy, and Natural Resources is one of Schinder Law Firm’s key practice offerings. Our firm has extensive experience in advising and representing numerous domestic and multinational mining companies in M&A transactions and various legal issues related to the industry. Should you need any further legal assistance, please do not hesitate to contact us.

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1Minister of Energy and Mineral Resources Regulation No 27/2017.

About the author:

 

YunartoYunarto, S.H., M.Kn

Yunarto obtained his Bachelor of Law (SH) degree from Universitas Tarumanagara and Master of Public Notary (M.Kn) degree from Universitas Pelita Harapan. He is admitted to the Indonesian Bar Association (PERADI) and fully qualified to advise and represent clients before or outside Indonesian courts. He is fluent in Bahasa Indonesia, Mandarin and English. Yunarto’s practice focuses on foreign and domestic investment, mining, construction, general corporate, and mergers & acquisition.

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Dear valued Visitor,

Data is a valuable currency in this new world. In the midst of digital transformation, the Indonesian government has taken the final decision to pass the Pelindungan Data Pribadi (PDP) Bill by September 2022. The PDP Law applies to all businesses established in Indonesia and puts the consumer in control. The task of complying with this regulation falls upon businesses.

The PDP Law affects a variety of business operations, including how your sales team prospect and how marketing initiatives are managed. Businesses have had to reassess their business procedures, applications, and forms. Additionally, all businesses that work with personal data should designate a Data Protection Officer (DPO) or data controller to oversee PDP compliance.

In line with this spirit, it gives us great pleasure to announce and share with all our esteemed clients and business associates that Schinder Law Firm is prepared to assist your company to understand the impacts of the Personal Data Protection Law (PDPL) and take the required measures to comply with the law. Our Privacy, Data Protection, and Cybersecurity practice group is a pioneer in providing data privacy law services in Indonesia. Personal data protection services include but are not limited to:

  • Assessing the existing systems, processes, and controls, etc.
  • Providing provide gap assessment on the existing systems, processes, and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDP Law
  • Developing policies, best practices, and procedures
  • Advising on the security of personal data and managing data breaches
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role, and responsibilities of a data protection officer
  • Advising on cross-border transfers of personal data
  • Carrying out data protection impact assessments and data protection audits
  • Recommending other necessary corrective actions in order to comply with the PDP Law
  • Training on the PDP Law tailored to clients’ businesses

We look forward to many more opportunities in the year ahead with your continued support and trust. For consultation, please send us a WhatsApp or Email.

Warmest regards,
Naz Schinder
Managing Partner

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Keep Up with the New Law in Indonesia: Personal Data Protection

  • Assessing the existing systems, processes and controls, etc.
  • Providing provide gap assessment on the existing systems, processes and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDPL.
  • Developing policies, best practices and procedures.
  • Advising on security of personal data and managing data breaches.
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role and responsibilities of a data protection officer.
  • Advising on cross-border transfers of personal data.
  • Carrying out data protection impact assessments and data protection audits.
  • Recommending other necessary corrective actions in order to comply with the PDPL.
  • Training on the PDPL tailored to clients’ businesses.
Privacy, Data Protection and Cyber Security
We help our clients to understand the impact of the Personal Data Protection Law (PDPL) on their companies and take the required measures to comply with the law.
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