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Mining Downstream Policy in Indonesia

Indonesia is blessed with an abundance of natural resources in the form of mineral commodities such as copper, tin, nickel, bauxite, iron, etc. To maximize the state's revenue, business actors are allowed to export these commodities and the Indonesian Government, through regulation in Indonesia, has consented to a downstream mining policy. This policy prohibits the export of such raw materials. With this prohibition, investment is expected to increase to help develop the processing and refining industry for Indonesian mining products, creating jobs. The export ban is imposed on certain unrefined mineral commodities.

Article 170A (1) Law No. 3 of 2020 of the law in Indonesia with Amendment of Law No. 4 of 2009 (“Law 3/2020”) on Mineral and Coal Mining specifies a period until 10th June 2023 allowing the holder of Kontrak Karya/KK (Work Contract), Izin Usaha Pertambangan Operasi Produksi/IUP Operasi Produksi (Mining Business License for Production Operation) or Izin Usaha Pertambangan Khusus Operasi Produksi/IUPK Operasi Produksi (Special Mining Business License for Production Operation) to export unrefined minerals with the following requirements:

  1. The processing and refining activities have been carried out;
  2. The processing and/or refining facilities are under construction; and/or
  3. The holder has entered into processing and/or refining cooperation with holders of a Mining Business License for Production Operation, Special Mining Business License for Production Operation or Mining Business License for Production Operation specifically for processing and refining, or other parties carrying out processing and/or refining activities.

The implementation of the regulation on mineral export provision is stipulated in Minister of Energy and Mineral Resources Regulation No. 17 of 2020 on the Third Amendment of Minister of Energy and Mineral Resources Regulation No. 25 of 2018 on Mineral and Coal Mining Business (“MoEMR 17/2020”). If you, a prospective client, have further inquiries regarding the topic explained above, Schinder Law Firm is one of many corporate law firms in Indonesia that has extensive experience in 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: Dewi Susanti

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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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