Apr

27

Mining Licenses Revocation in the First Semester of 2022 in Indonesia

President Joko Widodo announced the revocation of 2.078 mineral and coal Mining Business Permits (Izin Usaha Pertambangan/IUP) because the IUP holders never submitted their work plans (Rencana Kerja dan Anggaran Biaya/RKAB) even though the permits had been granted for years. Minister of Investment/Head of the Investment Coordinating Board Bahlil Lahadalia stated that the revocation of IUPs for 2.078 mining companies in Indonesia was carried out starting January 2022, following Presidential Decree No. 1 of 2022 concerning the Task Force for Land Use Management and Investment Management (Satuan Tugas Penataan Penggunaan Lahan dan Penataan Investasi) as applicable regulation in Indonesia. The government will transfer the revoked licenses to entrepreneurs who have the capability and integrity as well as sufficient capital to manage the IUP, including Regional Owned Enterprises, community organizations/groups, Small and Medium Enterprises, and cooperatives in the region, providing an investment opportunity in Indonesia. Furthermore, in accordance with Mining Law and related laws in Indonesia, an IUP or Special Mining Business Permits (Izin Usaha Pertambangan Khusus/IUPK) can be revoked by the Ministry of Energy and Mineral Resources if the IUP or IUPK holders:
  1. do not fulfil the obligations stipulated in the IUP or IUPK as well as the provisions of the law and regulations;
  2. commit a crime as defined in Mining Law; or
  3. declared bankruptcy.
If an IUP or IUPK expires, the former IUP or IUPK holder shall fulfil and settle obligations under the provisions of law and regulations. IUP or IUPK holders who have fulfilled and completed these obligations will receive a certificate/statement from the Minister. The Minister of Energy and Mineral Resources has the right to give administrative sanctions (one of which is revocation) to holders of IUP, IUPK for violating the provisions in Article 151 Mining Law and Government Regulations No. 96 of 2021 to criminal sanctions, which can revoke IUPs without going through the written warning, temporary suspension and license revocation procedures as set out in Articles 158, 159, 160, and 161A of the Mining Law. Schinder Law Firm as one of biggest corporate law firms in Indonesia and has years of experience in the mining industry and investment law in Indonesia, especially in relation to the business license. Should you wish to carry out any of the activities discussed, feel free to drop us an email at info@schinderlawfirm.com.

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

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.