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Feb

08

Mandatory Annual Mining Activity Report in Indonesia

Each and every company is required to tally up their business activity annually for the purpose conveying data and information about their company's activities. Article 178 of Indonesian Government Regulation No. 96 of 2021 regarding Implementation of Mineral and Coal Mining Activities (“GR 96/2021”) states that the holder of a Mining Permit or Izin Usaha Pertambangan (IUP), Exploration Special Mining Permit or Izin Usaha Pertambangan Khusus (IUPK), Public Mining Permit or Izin Pertambangan Rakyat (IPR), Rock Mining Permit or Surat Izin Penambangan Batuan (SIPB), Transportation and Sales Permit, Mining Services Business License or Izin Usaha Jasa Pertambangan (IUJP) or Mining Sales Permit are required to arrange and submit reports on the implementation of mining business activities carried out to the Minister. The reports are stipulated under Article 178 of GR 96/2021 and consist of at least three reports, namely periodic reports, final report and a special report. These reports can be submitted electronically or in writing.

Aside from the annual report, Article 177 of GR 96/2021 explains that the holder of IUP and IUPK are required to establish and submit a Work Plan and Budget Report (RKAB) as a guide to implementing mining business activities to the Minister. This annual RKAB must be approved by the Minister. The obligation to prepare the Annual RKAB is explained in Article 62 of Minister of Energy and Mineral Resources Regulation No. 7 of 2020 concerning Procedures for Granting Territories, Licensing and Reporting on Mineral and Coal Mining Business Activities with regards to the law in Indonesia (“MoEMR 7/2020”). Article 62 Paragraph (1) of MoEMR 7/2020 stipulate that the holder of IUP and IUPK are obligated to make periodic written reports on the Annual RKAB as well as the implementation of mining business activities carried out.

Mining companies that do not provide their annual reports, including periodic reports, final reports and special reports shall receive administrative sanctions as stipulated under Article 185 GR 96/2021 while mining companies that do not report Annual RKAB will be subject to administrative sanctions in the form of written warnings, temporary suspension of part of all exploration activities or production operations up to the revocation of IUP, IUPK, IPR, SIPB, Transportation and Sales Permit, IUJP and Mining Sales Permit as stipulated under Article 95 of MoEMR 7/2020.

If you, a prospective client, have further inquiries in relation to the topic explained above, Schinder Law Firm is one of many corporate law firms that has handled a lot of similar matters, with many experienced and professional civil lawyers and dispute lawyers in its arsenal, making it one of the top consulting firms in Indonesia. Feel free to contact us at info@schinderlawfirm.com for further consultation.

Author: Suryani Lim

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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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