Monday, May 11, 2009

Link between Business and Spiritual

  • Its already 11th May 2009
  • Times goes so fast, business keeps on moving
  • its been nearly 11 Years since June 1, 1998 that I opened my law office which is now called Suleiman Agung & Co.
  • This firm had several times changes its Partners as well as lawyers
  • 11 Years in not a short period of time since my former working experienced at Law Firm Adnan Buyung Nasution & Associates ( Nasution, Lubis, Hadiputranto) for 5 Years ( 1980 - 1985), as In-House Legal Counsel for 5 Years ( 1985-1990) at Huffco Indonesia -VICO Indonesia ( Oil /Gas Company operating in East Kalimantan Indonesia, Partner at Delma Yuzar & Wiriadinata ( 2 Years 1991-1992),Legal Counsel for 5 Years ( 1993-1998) at PT Freeport Indonesia Company, and June 1, 1998 opening or as Founder of Law Firm Suleiman & Rekan which is now called Suleiman Agung & Co.
  • By experiencing in running this Law Firm for nearly 11 Years, I have learned lots of things especially how to be prepared mentally, emotionally, physically, financially, spritually in handlng cash in and cash out flows problem in running this Law Firm now called Suleiman Agung & Co
  • Its is really not easy to survive running your own Law Firm
  • You have to be tough, and patient, and you have to find the perfect strategy to market yourself.
  • For me myself I tried to expose this firm and myself as the Founder and Partner by opening several Blogs such as this BLOG.
  • I also had published articles in ALLVOICES GLOBAL MEDIA
  • Well as part of the inhabitants in this wide global world, we have to try to establish communication and networks
  • I have also created my AGUNGSS Spiritual Blogs which I also link it to ET HEALING COMMUNITY
  • Quentions may arise: Why am I linking these Spiritual Blog and my Business Lawyers Note Blig, is because, by my life experience, you cannot separate your Business Life and your Spiritual life.
  • My experience concludes that this world including the business activities does not just "pop up out of the blue" and creates by itself, but there must be a GREAT POWERFUL CREATOR who had created this Universe, including the world where we live in, where there are lots of Natural Resources such as Oil,Gas,Coal, Nickel,Iron, and Plants, Air that we breath to live, water that we drink which keeps us alive, which are all not "just popping up by accident", but these significant element, must have been created intentionally by the GREAT CREATOR though a very well planned and designed blue print.
  • The signs of the Greatness of this GREAT CREATOR are "this live itself", the circulation of night and day, rotation of the Sun, the moon, bright and night, which creates life cycle and biorhythm clock cycles.
  • The power of every nation is being rotated and circulated, are part of the demonstration of signs shown by the GREAT CREATOR.
  • If a Nation gets so Powerful, this Nation is really being tested by the ALL MIGHTY whether such Nation is arrogant or thankful to the ALL MIGHTY
  • Wealth, Power, prosperity, poorness, powerless,
  • You can found the stories of this previous great NATION such as the King called Firaun or Farouh in Egypt, where Moses was being sent down to this Nation, was to remind this Nation, to come back to the Right Track, which are recited in the Holy Books which were sent down by The Creator through The Creator's Messenger, for instance for me as a Muslim you can found such stories, in the Holy Quran, where life cycles including the Universe and the Planets are all rotating, which really shows the Greatness Creation by the CREATOR for those who wants to learn and use their brains.
  • In Business community, where Wealth and Capital accumulation occurs, resulting Economical Power, if you loose contact or link with the Creator, as the Owner of this Universe and life, you will for sure you will end-up being selfish, and and became a greedy monster.
  • Well, this can be seen in the real world, where in order to maintain the continuity of your Power, such Nation will try to occupy and control the elements which are needed to maintain their power such as OIL and GAS, which is really needed to fuel the Industry, Airplanes, and other icon without regarding ethics and moral.
  • Well, having said the above, I just wanted to remind myself and hopefully the readers to keep on maintaining in the right track and road as shown in the 1st Surah Alfatihah of the Holy Quran, where God had stated : that GOD is the King of the Day After, where we have to worship GOD and pray and ask GOD to show us the Right Path which is the Path that had been shown by GOD to those that received God's Grace.
  • Well, folks this is all what I would like to share
  • Jakarta, Indonesia May 11, 2009
  • Agung Supomo Suleiman

Saturday, May 02, 2009

Business Match Makers

  • sometimes you feel desperate
  • You feel that you are stuck and tired
  • you need some time to think
  • For sure you need rest meaning take a sleep, really taking a deep sleep and rest your body and mind
  • Sleeping is very important, that is what I have experienced when you are stuck and don't know what to do
  • after taking such deep sleep, I feel like wanting to write again
  • here I am back in front of my lap top writing in my blog called My Experimental Blog
  • Yesterday, I have tried to make contacts between my Client who needs some funds for his business and a consultant strategy who is used to find investors or source of funds
  • In the discussion that was held, it appears that such consultant are focusing in health, education and media
  • from what I have observed, what this Consultant is focusing is on the human resources development in particular training the nurses including English language
  • What my Client, was actually seeking is funds needed to stretch its Credit Lines and purchasing of new equipments for my Client's Hospital.
  • We were escorted by the marketing staff of my client to make a tour on the hospital
  • It was really interesting tour so that you can get the glance overview of the hospital.
  • I am actually a business Lawyer, but yesterday I am trying to "meet-match" My Client's desires of trying to raise funds with a prospect party who could raise such funds.
  • Well, as we can see business activities are always trying to seek new opportunities for their respective business expansions, desires and needs.
  • We can sometimes makes our selves in the position as "match makers".
  • Networking, is the significant element keys
  • if you are in business environment, business networking is what you have to create and establish.
  • From a certain angle, me as a business lawyer, is also trying to seek opportunities how to make the people and parties in the business community meet each other, so that it will create new business opportunities, where if they had reach some common understanding then their business transaction shall be formulated in a business document among others business legal contracts, where the lawyers than shall enter into the screen to prepare their business transactions.
  • Well, folks the above are some real pragmatical day to day approach where you may also face and experience in your day to day life.
Jakarta , Saturday May 2, 2009 AGUNG SUPOMO SULEIMAN ALSO PUBLISHED In ALLVOICES GLOBAL MEDIA Partner Law Firm Suleiman Agung & Co BUSINESS LAWYER Jakarta, Indonesia, April 30, 2009

Law Firm’s Blog http://www.sacolaw.blogspot.com

Email : agungsacolaw@telkom.net

Saturday, April 25, 2009

Thursday, April 23, 2009

Tough and Possitive Attitude

  • Here I am back writing again
  • I really do not know what to write
  • there are times where you are busy and loaded with work but there are times where you have spare times to write in your blog.
  • as a lawyer, we tend to write, since we are used in making legal opinions, and legal advices or making reports upon the legal due diligence that we are required to do
  • it has been 11 years since June 1998, I had practiced as a business lawyer running this LAW FIRM SULEIMAN AGUNG & CO.
  • You have to have a positive mind and attitude
  • With the permit of GOD The ALL MIGHTY there are always way out, when you are in the edge of a cliff.
  • You have to be really tough and always trained yourself mentally, especially when the cash in are not as you have expected to be.
  • sometimes you really do not know where to go, and have to clear your mind and seek for a solution.
  • You have to think clear and face the reality of life.
  • By having these experiences you can feel how your Client's situation when they are in a need to bridge their cash flow situation.
  • they are striving hard to save the live of their company
  • I think whatever the commodities that you are selling, whether it is a hard product /tangible product or services such as legal services, you may face the similar reality situation.
  • In this kind of situation you have to really think hard.
  • Every entrepreneur appears to face the same situation
  • so mentally you have to be really strong and tough
Jakarta, April 23, 2009 revised June 17, 2009

Business Lawyer 's Mind

  • If you are experienced for a long time representing Business Clients
  • Your mind is shaped in such a way that you are forced to view and protect the investments that your Client are spending
  • For business Clients, Legal Certainty is really significant.
  • As a Business Lawyer you have to able to read the business minds and wants of your Clients
  • Time is really the essence in making business decisions and momentum shall be significant in making such business decision
  • Your mind as a lawyer have to follow the body gesture of your Client
  • at the end of the day you have to come up with some products of legal services as been required by your Client to serve their needs
  • such product can be a Memorandum Of Understanding (MOU) or Letter of Intent (LOI) as the staring point to jot down the intention of the parties who desires to enter into a mutual understanding between your Client and the co businesses counter part
  • as a classical issue the nature of the MOU or LOI is frequently questioned as to whether it is already a binding commitment between the parties or is it just and still a loose non binding arrangement which has no legal quensequence
  • In practice sometimes the nature of this MOU or LOI Intent differs one from the other depending upon the real intention of the parties.
  • If the parties are still intending to explore with other co- partners or co counter parts, then there is a certain limit period of time where the Parties are free to enter into another similar arrangement with other prospective investors upon the same business transaction or business arrangements, whithout have been regarded as breaching any commitments under such MOU.
  • If we analog it with marriage, then a "finance engangement" between a couple, migth be close to such MOU or LOI, depending upon the intention of the couples hehehe.
  • Well, folks, the above are some experience on the MOU exposures, which are usually entered by parties who desire and intend to explore a business arrangements for a certain projects in Indonesia.
Jakarta, April 23, 2009 Agung Supomo Suleiman Partner Business Lawyer Partner Law Firm Suleiman Agung & Co

Law Firm’s Blog http://sacolaw.blogspot.com

Email :

agungsuleiman@gmail.com

agungsacolaw@telkom.net

E Book Significant Legal Exposures/Notes Business in Indonesia

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  • SENIOR BUSINESS LAWYER
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Tuesday, April 21, 2009

Glance Snapshot on the new Mineral Law 4 Year 2009

  • After glancing the New Minerals and Coal Law No. 4 Year 2009, herein below is a brief glance snapshot of this New Law
  • As we can see in the reality mining operations practices the phase or stages of the Mining Activities are always having the same pattern which starts from the General Survey, Exploration, Feasibility Studies, Construction, Mining, Exploitation, purification, Transportation, Selling and Post Mining such as Reclamation.
  • These stages are also being accommodated in this new law.
  • The difference between this new law and the old law is that, there is no longer a Contract of Work ("COW") arrangement between new Mining Investors conducting operations after the enaction of this new law.
  • The Legal grounds to conduct the Mining Operations in Indonesia shall be based on Mining Permits being issued by the Authorized Governments of the Republic of Indonesia.
  • There are several Mining Permits which are being issued by the Authorized Government.
  • The Authorized Government consists of the Central Government and the Local Government Authorities (Provincial Government) and the Regency Government ( Pemerintah Kabupaten/kota)
  • Related to the issuance of the Mining Permits based on the Article 6 e, f, g, h, i, j the Central Government has the authority to determined the WP ( Mining Area), the issuance of the IUP (Mining Business Permits), IUPK Explorasi (Exploration Special Mining Permits) and the IUPK Operasi Produksi ( the Exploration Production Special Mining Permits) related to mining operations within the province area and/or sea Area from 12 miles from the costal line.
  • The Provincial Governments based on Article 7 b, c, d, has the authority to issue the IUP (Mining Business Permits) related to the production mining operations which is located within the Kabupaten/Kota and /or Sea Area 4 miles up to 12 miles.
  • The Regency Government has the right to issue IUP and IPR for the mining activities within the Regency Area (Wilayah Kabupaten) /Kota and or Sea Area up to 4 miles. ( Article 8 b, c).
  • The WP (Mining Area) as part of the national spatial area shall form the basis of determining the Mining Activities ( Article 9 (1) of New Law. Such WP is determined by the Central Government after coordination with the Local Government and Consultation with the People's House of Representatives.( Article 9 (2) New Law)
  • The determination of this Mining Area must be transparent, participative and accountable. This WP determination has to accommodate the relevant people's opinion by taking into consideration of the ecology, economy, social culture and environmental vision and the local aspiration ( pursuant to Article 10 a, b,c)
  • The Central Government and the Local Government is obliged to conduct mining investigation and research in the framework of determining this WP ( Mining Area).
  • In essence this WP consists of WUP (Mining Business Area), WPR (Peoples Mining Area) and WPN (The State Reserved Mining Area). ( Art.13 New Law).
  • One of the most interesting part is that this Mining Permits, is related to the Location of the Mining related to the Mining Minerals which will be explored, the total area of the Mining Area which of course is related to the amounts of capital investments, which is required for the exploration, exploitation and production, and the lenght of the Mining Permits which will be granted by the Authorized Government.
  • The condition of the Mining Permits has to be included in the Mining Permits, but not in the form of Contract of Works (COW) as we usually knew and practiced in the previous mining law.
  • Thus from the legal aspects, it is really interesting to be observed, since this Mining Permits, are more of a "one sided Mining Rights" which is granted by the Authorized Government, and may be revoked by the Government, if the Government decided that the Mining Contractor does not comply with the terms which is incorporated in the Mining Permits.
  • The other interesting issue, is that a Certain Mining Area could be determined as a Special Mining Area, if after consultation with the Peoples House Of Representative in such Mining Area, there is a mining deposit which for the National Interest can boost the economy growth, the energy strenght and the national industry strategy and increase the national competitiveness in facing the global challenges among others copper, gold, nickel, iron, coal.( Article 27 and its explanation).
  • well, folks, the above, is a glance snapshot of the New Minerals and Coal Law No 4 Year 2009.
Jakarta, April 21, 2009

Agung Supomo Suleiman

Senior Partner

Law Firm Suleiman Agung & CO

Blog Law Firm : http://sacolaw.blogspot.com

Email : agungsuleiman@gmail.com

Thursday, April 09, 2009

Election Day

  • In Indonesia today is an important day because it is the election day
  • we vote and elected the parties and the representative from such parties to be the peoples representatives in the Parliament
  • It was really interesting because there are so many Parties who participate in such election
  • The most important thing is that we are being given the chance to select our representative
  • from the registered entitled person to vote in my place it appears only 65% participated exercising their right to vote and came to the election poll
  • some of my friends in other places are not registered as entitled person even though they had been living in their places for a long time and had held the Identity Card as Registered habitat in their places for a long time
  • It appears that the system of the election committee has to be revitalized and improved because it makes the person who cannot participate feels really frustrated.
  • we do not know whether there was a deliberate intention since you may find many similar cases in other parts of the polling election experienced by my other friends.
  • well, we shall see the results of the election in this coming days
Jakarta, 9 April 2009 Agung Supomo Suleiman

Sunday, April 05, 2009

E Book Significant Legal Exposures/Notes Business in Indonesia

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  • Significant Legal Exposures/Notes
  • Business in Indonesia
  • by:
  • Agung Supomo Suleiman SH.
  • SENIOR BUSINESS LAWYER
  • Price only :
  • US$ 29 (twenty nine dollars
  • per 1 (one) e book
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BUSY WEEK

  • Last week was really a busy week for me
  • it is really exiting since I have to finish my drafting of the business contracts on Saturday which was actually a free day from work
  • I finally managed to finish the work around 17.00 hours in the afternoon and furnish it to my Client.
  • The day before yesterday I had worked late night until 2 o'clock, since I had to prepare my presentation relating to Construction Study cases which was held by the Institution of Studies of the Law Procedure and Court System Faculty of Law University of Indonesia and the Department of Public Work
  • The presentation was really interesting, since after making the presentation, I had managed to divide the class into 2 blocks where one block acts as the Construction Work Provider and the other block as the Contractor relating to a certain Road Project, where Mobilization of Manpower and Equipment /Dump Trucks were occurring causing delays in the performance of the construction work.
  • It was really exiting, since the participants were really doing their best efforts in defending each of their positions.
  • Thus, last week was really a busy week for me and I really have to have a break this week end to stabilize my health condition
Jakarta, 5 April 20009 Agung Supomo Suleiman

Tuesday, March 31, 2009

Enjoy Drafting Business Contracts

  • IT'S BEEN A WHILE SINCE MY LAST POSTING
  • Well, this week I am really busy with my work where I have to complete my assignment by the end of this week
  • Yes, as a Business Lawyer you really have to be prepared of getting new assignments from your Clients.
  • To the extent the payment is within your budget you will enjoy doing such assignments
  • The assignments are drafting business contracts to serve your Client's needs.
  • I really enjoy doing my task in drafting business contracts
  • It makes you feel comfort and you can explore your ideas in incorporating the significant clauses to protect the business interests and desires of your Client.
  • I really enjoy working such legal drafting
  • it is like painting in which you can express your ideas in such contracts
  • Thus, the important thing is that you enjoy doing your tasks as a business lawyer.
Cheers Jakarta, March 31, 2009 Agung Supomo Suleiman

Agung Supomo Suleiman

Senior Partner

Law Firm Suleiman Agung & CO

Blog Law Firm : http://www.sacolaw.blogspot.com

Email : agungsuleiman@gmail.com

Monday, March 16, 2009

Business Law Certainty

  • Yes, business law certainty is very important and significant for investors who are investing their monies and capital in a certain country Including Indonesia.
  • Most significant certainty issues relates to divestment issues, certainty of transferring their profits/ dividends to their original country or place of bank where the investors would like to transfer their monies and funds from the place/country they conduct and invest their monies to run its business.
  • protection of its investment/capital from the Government, in event of nationalization issues of their business
  • wants to have assurance of getting the same treatments as foreign investors with the local national investors
  • assuring that investors can place their expertise/foreign professionals/ executives members in the organization of the business entity that they had established / formed to run their business in a certain country.
  • certainty of land titles as well as the duration of using / benefiting such land usage by the foreign investors, to ensure sustainability of their place of business in running its business operation in such country.
  • employment rules particularly relating to minimum salary, benefits, compensation, right to hire and fire as well as flexibility in engaging the manpower due to the uncertainty of the global economy.
The above items are some of the significant elements which investors may be concerned of before deciding to make investments in a certain place or country. Jakarta, March 16, 2009

Agung Supomo Suleiman

Senior Partner

Law Firm Suleiman Agung & CO

Blog Law Firm : http://www.sacolaw.blogspot.com

Email : agungsuleiman@gmail.com

Thursday, March 12, 2009

Glance View Minerals and Coal Mining Law 4 Year 2009

  • GLANCE VIEW of the NEW Minerals & Coal Mining Law No. 4 Year 2009

  • After having seen in a glance on this New Minerals and Coal Mining Law No. 4 Year 2009, you may found some interesting issues as follows:
  • This New Law regulates the issuance of Mining Licenses/Permits which is granted by several level of Government Institutions /Officers relating to the Mining Activates depending on the classification of such Mining Area (WP) and type of Mining Activities.
  • This Mining Area (WP) consists of 3 three categories namely:
  • (i) WUP (Mining Area which is part of the WP which has contained the availability of data, potential and/or geology information, (ii) WPR (Peoples Mining Area) and (iii) WPN (State Reserves Mining Area).
  • This WP is determined by the Central Government, after having coordination with the Regent/District Government and consultation with the Peoples House Of representatives.
  • This coordination is conducted by the respective Regional Government based on the data and information which is possessed and owned by the Central Government and the Regional Government.
  • Relating to State Reserves Mining Area, it is quite interesting since the Government as a matter of National Strategy with the approval of the Peoples House of Representative with considering the regional aspiration determines this WPN ( State Reserves Mining Area).
  • The reservation is related to certain commodities and regional conservation in the framework of maintaining the ecosystem balance and environment.
  • The WPN which is determined for certain commodity can be managed (determined) on its wide / extensive of area with the approval of the Peoples House of Representatives.
  • Based on the explanation of Article 27 of the Minerals and Coal Mining Law, what is meant by certain commodity are among others : ore, tin, gold, iron, nickel, and bauxite and coal.
  • The determination of this WPN for the national interest is to push the national economic growth, national energy and industry strategy endurance, and to increase the national competitiveness in facing the global challenge.
  • This Area of WPN which will be developed for certain commodities as described above shall be changed its status to become WUPK ( Special Mining Area which could be developed).
  • What makes this issue interesting is because this element of Reserves Mining Area which shall than be changed into the status of WUPK ( Special Mining Area which could be developed) is something new being introduced in this New Minerals and Mining Law No.4 Year 2009.
Jakarta, March 12, 2009

Agung Supomo Suleiman

Senior Partner

Law Firm Suleiman Agung & CO

Blog Law Firm : http://www.sacolaw.blogspot.com

Email : agungsuleiman@gmail.com

Scheme of Governments Role Law 4 Year 2009,

GOVERNMENT'S AUTHORITY

In management of mineral & coal mining,

includes among others :

Mineral & Coal Mining Law No 4 Year 2009

Article 6

Art. 7

Art. 8

CENTRAL Government

Provincial Government

Regent / City Government

CONDUCTING

Inventory, survey, research, exploration in framework of getting mineral & coal data and information as material for setting WUP & WPN

(par. 1.p)

inventory, survey, research, exploration in framework of getting mineral & coal data & information pursuant

to its authority

(par.1.e)

inventory, survey, research, exploration in framework of getting mineral & coal data and information

(par.1 d)

managing geology information, mineral & coal potential resources, & mining information in national level (par.1. q)

managing geology information, mineral & coal potential resources, and mining information within regional (daerah) / provincial area ( par.1.f)

managing geology information, mineral & coal potential resources, and mining information within regent (kabupaten) / city ( par.1.f)

Determining ruling law - Indonesian New Minerals & Coal Mining Law 4 Year 2009

GOVERNMENT'S AUTHORITY.

In management of mineral & coal mining, includes among others :

Law No 4 Year 2009

Article 6

Art. 7

Art. 8

CENTRAL Government

Provincial Government

Regent /

City Government

Determining

National Policy

(par.1a)

making ruling law

(par.1b)

making regional ruling law (par.1a)

making regional ruling law (par.1a)

National standard, guidance, criteria

(par.1c)

National Mineral &

Coal Mining License System

(par.1d)

WP after coordination with Regional Government and consultation with House Of Peoples Representatives

(par.1e)

Wednesday, March 11, 2009

Granting Licenses/Permits

GOVERNMENT'S AUTHORITY.

In management of mineral & coal mining, includes among others :

Law No 4 Year 2009

Article 6

Art. 7

Art. 8

CENTRAL Government

Provinsial Government

Regent/ City Government

GRANTING

& Conducting

IUP, development, public conflict settlement and supervision of mining activities which exist at cross provincial area and / or sea area exceeding 12 (twelve) miles from coastal line.(par. 1) f

IUP, development, public conflict settlement and supervision of mining activities crossing regional/city and or sea area 4(four) miles up to 12(twelve) miles (par.1 b.)

IUP & IPR development, public conflict settlement and supervision of mining activities within regional/city and or sea area up to 4 (four) miles. (par.1.b)

IUP, development, public conflict settlement and supervision of mining activities which exist at the cross provincial area and / or sea area exceeding 12 (twelve) miles from the coastal line .(paragraph 1 g)

IUP , development, public conflict settlement and supervision of mining production operations activities crossing regional/city and or sea area 4(four) miles up to 12(twelve) ( par.1 c)

IUP & IPR, development, public conflict settlement and supervision of mining production operations activities within regional/city and or sea area up to 4 (four) miles(par.1.c)

IUP, development, public conflict settlement and supervision of mining activities which has direct environmental impact crossing regent/city and / or sea area exceeding 12 (twelve) miles from the coastal line ( par. 1 .h.)

IUPK Exploration & IUPK Production Operation

IUP, development, public conflict settlement and supervision of mining activities which has direct environmental impact crossing regent/city and / or sea area 4(four) miles up to 12 (twelve) miles ( par. 1. d.)

Evaluating

IUP Production Operation which is issued by the regional Government, which caused environmental damage & which does not apply well mining rules

Thursday, March 05, 2009

Indonesia Significant Points Domestic Interest In Minerals and COAL

NEW ERA OF Indonesian Mining, rulings which changes the COW era to become Permits to conduct the Mining Business Activities.
  • LEGALIZATION & Effect. On 12th January 2009, the New Minerals and Coal Mining Law No 4 Year 2009 had been legalized and signed by the President and being enacted as Law by the Minister Of Justice and Human Rights (New Mineral and Coal Mining Law No.4/2009) This New Minerals and Coal Law No.4/2009 will take into effect as of the date it is enacted as Law as above mentioned.
  • BEGINNING OF NEW ERA. This New Law becomes the NEW ERA of Indonesian Mining Law, which changes the COW Era and the Kuasa Pertambangan (KP) Mining Authority system that has been exercised for the last 40 years since 1967. The COW /KP system has been replaced by an area based permit / licensing system. Under this New Law there are several Permits to conduct the mining business activities which is attached and linked to several classifications of Mining Areas as regulated under such New Minerals and Coal Law No.4/2009
  • AUTHORIZATION. Based on Article 4 of such New Mineral and Coal Mining Law No.4/2009 the Mineral and Coal as the natural resources which is non-renewal is the national wealth which is possessed by the State for the largest prosperity of the people. This authorization of minerals and the coal by the State is performed by the Government and /or the Regional Government.
  • DOMESTIC INTEREST. Article 5 of New Mineral and Coal Mining Law No.4/2009 states that for the national interest, the Government after consultation with the DPR (Peoples’s House of Representative) can determine a policy for the prioritization of minerals and coal for the domestic interest. This national interest can be done by controlling the production and export. In implementing such control, the Government has the authority to determine the amount of production of each commodities per year per province. The Local Government is obliged to comply with the rulings of such amount as determined by the Central Government.
We have also published this at ALLVOICES GLOBAL MEDIA Jakarta, February 5, 2009

Agung Supomo Suleiman

Senior Partner

Law Firm Suleiman Agung & CO

Blog Law Firm : http://www.sacolaw.blogspot.com

Email : agungsuleiman@gmail.com

Clasification of Mining Area in the New MINERALS AND COAL MINING LAW NO 4 Year 2009

  • The New Minerals & Coal Mining Areas formed several Mining Areas based permits system, which was not found under the previous law :
Chapter I Article 1 There are several meaning /classification of Mining Area :
  • Wilayah Pertambangan /Mining Area, referred to as WP, is an Area which owns potential mineral and/or coal and is not limited with government administration which form part of the national layout (tata ruang)
  • Wilayah Usaha Pertambangan, Mining Business Area, referred as WUP, is part of the WP which had owned availability of data, potential, and /or geological information
  • Wilayah Izin Usaha Pertambangan, Mining Business Area Permit, referred to as WIUP, is an area which granted to the holder of IUP
  • Wilayah Pertambangan Rakyat, People's Mining Area, referred to as WPR, is part of the WP place where the people's mining business activities is conducted
  • Wilayah Pencadangan Negara,State Reservation Area, referred to as WPN, is part of the WP which is reserved for the national strategic interest.
  • Wilayah Usaha Pertambangan Khusus,The Special Mining Business Area, referred to as WUPK, is part of the WPN which can be usahakan (businessed / efforted) .
  • Wilayah Izin Usaha Pertambangan Khusus / The Special Mining Business Area Permit within the WUPK, referred to as WIUPK, is an area which is granted to the holder of IUPK.
Published in ALLVOICES GLOBAL MEDIA

Agung Supomo Suleiman

Senior Partner

Law Firm Suleiman Agung & CO

Blog Law Firm : http://www.sacolaw.blogspot.com

Email : agungsuleiman@gmail.com

Tsunami DeDolarization - Bricks - Asean Plus 3 Countries

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