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Jun

22

Nuclear Mining Areas in Indonesia

President Joko Widodo has recently issued Government Regulation No. 25 of 2023 concerning Mining Areas ("GR 25/2023"). This Government Regulation comes into effect on May 5, 2023. It governs various aspects of mining area, including permits for radioactive mineral mining known as Wilayah Izin Usaha Pertambangan or WIUP. As defined in Government Regulation No. 52 of 2022, radioactive minerals are minerals used as raw materials for nuclear fuel production, which are the primary products of nuclear mineral mining activities.

Article 20 Paragraph (1) of GR 25/2023 stipulates that mining business areas (Wilayah Usaha Pertambangan or WUP) can consist of one or several WIUPs. Furthermore, Paragraph (2) specifies the different types of WIUPs, consist of (a) WIUP for radioactive minerals, (b) WIUP for metallic minerals, (c) WIUP for coal, (d) WIUP for non-metallic minerals, (e) WIUP for specific non-metallic minerals, and (f) WIUP for rocks. Additionally, Article 21 Paragraph (1) of GR 25/2023 explains that the extent and boundaries of WIUPs for radioactive minerals are determined by the minister based on proposals from the government agency responsible for nuclear affairs.

The extent and boundaries of WIUPs for metallic minerals and coal are determined by the minister after being specified by the governor. On the other hand, the extent and boundaries of WIUPs for non-metallic minerals, specific non-metallic minerals and rocks are determined by the minister based on applications from business entities, cooperatives, or individual companies.

In case where a different or unrelated mining commodity is discovered within a WIUP, and it has prospects for exploitation, the minister has authority to establish a new WIUP specifically for the different or unrelated mining commodity.

The Central Government and Regional Governments guarantee that there will be no changes in the utilization of space and areas within the designated WIUPs in accordance with the provisions of the legislation. This guarantee extends to ensuring no changes occur in mining areas as defined in the regional spatial planning, at the provincial and district/city level, as well as mining zones within the detailed spatial planning of the district/city. Furthermore, the Central Government and Regional Governments guarantee the issuance of other necessary permits for the implementation of mining activities within the designated WIUPs, as long as they meet the requirements outlined in the legislation.

Should you require consultation on these matters, Schinder Law Firm is one of the many corporate law firms in Indonesia offering our services, our professional civil lawyers are dedicated to understanding your unique needs and concerns, and will strive to provide creative and cost-effective assistance. Schedule a consultation today by contacting us at info@schinderlawfirm.com to discuss your situation and how we can be of help.

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.