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Nationalization Of Share By Divestment In Indonesia

26 April 2023   11:43 Diperbarui: 26 April 2023   11:51 272
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The Law of the Republic of Indonesia Number 25 of 2007 concerning Investments that are currently valid explains the policies or efforts of the state in realizing the welfare of its people. This has been regulated in the body or regulated in the sound of the articles. In one of the articles, namely Article 7 of the Law of the Republic of Indonesia Number 25 of 2007 concerning Investment, the Government's policy will not take nationalization actions or take over investors' ownership rights, except by law, which means that it is possible to carry out nationalization, with the issue other laws and regulations.

The law on mineral and coal mining as regulated in laws and regulations such as the Law of the Republic of Indonesia Number 3 of 2020 concerning amendments to the Law of the Republic of Indonesia Number 4 of 2009 concerning Mineral and Coal Mining in considering letter a briefly states that other than being controlled by the state is used to provide real added value to the national economy to achieve prosperity and welfare of the people in a just manner. The welfare of the Indonesian people is pursued by the Government through laws and regulations. Then, in laws and regulations such as those contained in the Law of the Republic of Indonesia Number 4 of 2009 concerning Mineral and Coal Mining, which can be seen in its body which regulates several things.

The principles of mineral and coal mining are managed based on benefits, justice, balance, partiality to the interests of the nation, participatory, transparent, accountable, sustainable, and environmentally sound. Furthermore, the objectives include ensuring the effectiveness of the implementation and control of mining business activities in an efficient, effective, and efficient competitive manner, ensuring the benefits of mineral and coal mining in a sustainable and environmentally friendly manner, ensuring the availability of minerals and coal as raw materials and/or as a source of energy for domestic needs, support and develop national capabilities so that they are more able to compete at the national, regional level, and international.

The control of mineral and coal mining in the Article 4 of Law of the Republic of Indonesia Number 4 of 2009 concerning Mineral and Coal Mining is held by the Government and/or Regional Government.   Such control can be exercised by employing controlling production and exports. In addition to the control held by the Government and/or Regional Government in the authority over mining management in Article 5 of  Law Number 4 of 2009 concerning Mineral and Coal Mining, each authority is given consisting of authority over the Government, the authority of the Provincial Government, and the Authority of the Regional Government. Regency/City.

The government's authority includes the determination of national policies, the making of laws and regulations, the establishment of national standards, guidelines, and criteria, the establishment of a national mineral and coal mining permit system, the determination of mining areas that are carried out after coordinating with the regional government and consulting with the House of Representatives. People of the Republic of Indonesia, granting of Mining Business Permits, fostering, resolving community conflicts, and supervising mining businesses that are in cross-provincial areas and/or sea areas more than twelve miles from the coastline, as well as supervision of mining business production operations that are impacted direct environment Crossing the province and/or in the sea area more than twelve miles from the coastline, contained in Article 6 of the Law of the Republic of Indonesia Number 4 of 2009 concerning Mineral and Coal Mining.

Article 7 of the Law of the Republic of Indonesia Number 4 of 2009 concerning Mineral and Coal Mining. On the other hand, the authority of the Provincial Government includes making regional laws and regulations, issuing mining business permits, fostering, supervising, resolving community conflicts, and supervising mining businesses across districts, cities, and/or sea areas from four miles to twelve miles, as well as inventories, investigations, exploration research to obtain information in accordance with their authority, management of geological information, mining information in provincial areas, preparation of balances of coal mineral resources in provincial areas.

Article 8 of the Law of the Republic of Indonesia Number 4 of 2009 concerning Mineral and Coal Mining. In addition, the authority of the Regency/City Government in the management of mineral and coal mining includes making regional laws and regulations, granting mining permits, fostering community conflict resolution, supervising mining businesses in regency/city areas or marine areas up to 4 four miles, taking inventory, investigation, exploration to obtain information on coal minerals, management of geological information, information on the potential of coal minerals, preparation of balances for mineral and coal resources in the district and city areas, and development of environmental sustainability, as well as the optimal development of the benefits of mining business activities.

Mineral and coal mining operations in the Law of the Republic of Indonesia Number 4 of 2009 concerning Mineral and Coal Mining, which are classified into radioactive mineral mining, metal mineral mining, non-metal mineral mining, rock mining are carried out in the form of Mining Business Permits, People's Mining Permits and Special Mining Business Permits, and mining concession permits, apart from being temporarily suspended, may also expire for several reasons, such as being returned, revoked, expired.

Mineral and coal mining business is implemented to get income carried out by the State. It is an obligation to pay state revenue and regional income consisting of tax revenue and non-tax state revenue. Tax revenues consist of taxes under the authority of the Government and import duties and excise, while non-tax state revenues consist of fixed fees, exploration fees, production fees, compensation for information data, regional levies, and other legitimate income-based on the provisions of laws and regulations.

Article 158 of the Law of the Republic of Indonesia Number 4 of 2009 concerning Mineral and Coal Mining. Investigations and criminal sanctions are also regulated, such as for anyone conducting a mining business without a Mining Business Permit, People's Mining Permit or Special Mining Business Permit as referred to in Article 37, Article 40 paragraph (3), Article 48, Article 67 paragraph (1), Article 74 paragraph (1) or paragraph (5) shall be sentenced to a maximum imprisonment of ten years and a maximum fine of Rp. 10,000,000,000.00 (ten billion rupiah).

The State's efforts to realize prosperity in the mineral and coal mining resource sector through Law of the Republic of Indonesia Number 4 of 2009 concerning Mineral and Coal Mining regulates the rights and obligations of entrepreneurs, especially Mining Business Permit Holders and Special Mining Business Permits. These rights include being able to carry out part or all of the stages of a mining business, both exploration activities and production operations, being able to utilize public infrastructure and facilities for mining purposes after fulfilling the provisions of laws and regulations, owning minerals including associated minerals or coal that has been produced if it meets the requirements for exploration fee or production fee, except for radioactive associated minerals, contained in Article 90-95 of the Law of the Republic of Indonesia Number 4 of 2009 concerning Mineral and Coal Mining .

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