Regulation Of The Minister Of Energy And Mineral Resources No. 12 In 2011

Original Language Title: Peraturan Menteri Energi Dan Sumber Daya Mineral Nomor 12 Tahun 2011

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51b93aa9108ac3313233373431.html

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Back NEWS REPUBLIC of INDONESIA No. 487, 2011 NEWS REPUBLIC of INDONESIA MINISTRY of ENERGY and MINERAL RESOURCES REGULATION of the MINISTER of ENERGY and MINERAL RESOURCES No. 12 in 2011 ABOUT the PROCEDURES for the DETERMINATION of the AREA of the MINING BUSINESS and INFORMATION SYSTEMS AREA of MINERAL and COAL MINING with the GRACE of GOD ALMIGHTY the MINISTER of ENERGY and MINERAL RESOURCES, Considering: that in order to implement the provisions of article 21 and paragraph (4) and article 38 paragraph (4) the Government Regulation number 22 in 2010 about the mining Area need to set Regulations, the Minister of energy and Mineral resources of The Region's mining Business Assignment and information systems area of Mineral and Coal Mining;
Remember: 1. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) as has already been twice amended with law No. 12 of 2008 (Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844);
2. Act No. 26 of 2007 concerning Spatial (Gazette of the Republic of Indonesia Number 68 in 2007, an additional Sheet of the Republic of Indonesia Number 4725);
3. Act No. 4 of 2009 about Mineral and Coal Mining (State Gazette of the Republic of Indonesia number 4 in 2009, an additional Sheet of the Republic of Indonesia Number 4959);
4. Law Number 32 year 2009 on the protection and management of Environment (State Gazette of the Republic of Indonesia Number 140 in 2009, an additional Sheet of the Republic of Indonesia Number 5059);
5. Government Regulation number 10 in 2000 about the level of accuracy of the map for Spatial region (State Gazette of the Republic of Indonesia Number 20 in 2000, an additional Sheet of the Republic of Indonesia Number 3934);
6. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737);
7. Government Regulation number 26 in 2008 on National Territory Spatial Plans (State Gazette of the Republic of Indonesia Year 2008 Number 48, additional sheets of the Republic of Indonesia Number 4833);
8. Government Regulation Number 3 of 2010 about organizing the Spatial (Gazette of the Republic of Indonesia Number 21 of 2010, an additional Sheet of the Republic of Indonesia Number 5103);
9. Government Regulation number 22 in 2010 about Mining Region (State Gazette of the Republic of Indonesia Number 28 in 2010, an additional Sheet of the Republic of Indonesia Number 5110);
10. Government Regulation Number 23 in 2010 on the implementation of the business activities of Mineral and Coal Mining (State Gazette of the Republic of Indonesia Number 29 in 2010, an additional Sheet of the Republic of Indonesia Number 5111);
11. Presidential Decree Number 83/P in 2009 on October 21, 2009;
12. Regulation of the Minister of energy and Mineral resources of number 18 in 2010 about the Organization and the Work of the Ministry of energy and Mineral resources (news of the Republic of Indonesia year 2010 Number 552);
Decide: define: REGULATION of the MINISTER of ENERGY and MINERAL RESOURCES of the REGION'S MINING BUSINESS ASSIGNMENT and INFORMATION SYSTEMS AREA the MINING of MINERALS and coal.
CHAPTER I GENERAL PROVISIONS article 1 In this ministerial regulation is: 1. the Mining Area hereinafter referred to WP, the Mining Venture that is hereinafter referred to as WUP, the mining Area the people henceforth WPR, Backup Region State that henceforth, the WPN Licences hereinafter called WIUP, Licences are hereinafter referred to as IUP, minerals, coal, Corporately, exploration , Feasibility study, and Mining, is referred to in Act No. 4 of 2009 about Mineral and Coal Mining.
2. The territory of radioactive Mining Undertakings hereinafter referred to as WUP radioactive, is part of WP that has possess data availability, potential, and/or geological information predominantly contained radioactive mining commodities.
3. Mining minerals metals Business Area which is hereinafter referred to as WUP metal minerals, is part of WP that has possess data availability, potential, and/or geological information predominantly there are mineral mining commodity metals.
4. The territory of the coal mining Business hereinafter referred to as WUP, coal is part of WP that has possess data availability, potential, and/or geological information there are predominantly commodity coal mine.
5. Business Areas Mining Minerals nonmetallic mineral WUP hereinafter referred instead of metals, are part of WP that has possess data availability, potential, and/or geological information there are predominantly commodity nonmetallic mineral mining.
6. Rock Mining Business Area hereinafter referred to as WUP, the rocks are part of WP that has possess data availability, potential, and/or geological information predominantly mining commodities there are rocks.
7. The territory of metal mineral Licences including mineral ikutannya, hereinafter called WIUP metal minerals, is part of the WUP minerals metals given to business entities, cooperatives and individuals through the auction.
8. Coal mining business license Area, hereinafter called WIUP coal, is part of the WUP coal given to business entities, cooperatives and individuals through the auction.
9. The territory of mineral Licences rather than metal, hereinafter called WIUP minerals instead of metals, are part of the WUP nonmetallic minerals given to business entities, cooperatives and individuals through the application.
10. Licences Region of rocks, hereinafter called WIUP rocks, is part of the WUP rocks given to business entities, cooperatives and individuals through the application.
11. the Auction is the way deals WIUP or WIUPK in the framework of the awarding of the IUP IUP exploration, production operations, Exploration, IUPK and/or IUPK of metal and mineral production operation of coal.
12. The contract Works, hereinafter called KK, is the agreement between the Government of the Republic of Indonesia with Indonesia law incorporated the company in order to carry out its Foreign capital investment venture mining minerals minerals, excluding petroleum, natural gas, geothermal, radio active, and coal.
13. the work of the coal mining Concession Agreement hereinafter called Cca, are agreements between the Government of the Republic of Indonesia with Indonesia law incorporated the company in order to Investing in domestic and/or Foreign capital investment to carry out the business of mining coal minerals.
2. The Data is all facts, instructions, indications, and information in the form of writing (characters), numbers (digital), images (analog), magnetic media, documents, perconto rocks, fluids, and other forms which are obtained from the results of the investigation and research of mining, exploration, feasibility study, or mining.
15. the information system of Mining Areas, hereinafter called the WP information system, is an information system that is built in to WP process data integral becomes useful information in order to solve problems and decision making regarding the cantonal Parliament.
16. The National Geodetic Datum is a reference in Indonesia to declare a position (coordinates) in the survey and mapping nationally.
17. the Minister is the Minister of the organizing Affairs of the Government in the field of mineral and coal mining.
18. the Director-General is the Director General of the task and the responsibility in the field of mineral and coal mining.
CHAPTER II PREPARATION of the MINING BUSINESS is considered part of the REGION's common article 2 (1) WP can consist of WUP that includes: a. WUP radioactive;

b. WUP metal minerals;

c. WUP coal;

d. WUP nonmetallic minerals; and/or e. WUP rocks.
(2) the Minister designate WUP radioactive as mentioned on paragraph (1) letter a on the basis of a proposal from the Agency conducts the Affairs of the Government in the field of ketenaganukliran.
(3) the Minister designate WUP WUP metals and minerals coal as intended in paragraph (1) letter b and the letter c after coordinating with the Governor and the local bupati/walikota and related institutions.
(4) determination of WUP WUP metal minerals or coal as intended in paragraph (3) is specified by the Minister after fulfilling the following criteria: a. has a rock formation coal carrier and/or carrier metal mineral rock formations, including offshore regions based on geological maps; b. have a geological outcrops for metal minerals and/or coal;

c. has the potential of metal mineral resources and/or coal;
d. has 1 (one) or more kinds of minerals including metals, minerals and/or coal ikutannya; e. do not overlap with the WPR and/or WPN;
f. is the area that can be used for mining activities on an ongoing basis; and g. the mining provisions in accordance with the spatial plan.
(5) the Minister designate WUP WUP nonmetallic minerals and rocks are referred to in subsection (1) the letter d and the letter e after coordinating with the Governor and the local bupati/walikota and related institutions.
(6) the Minister may grant the authority determination of WUP WUP nonmetallic minerals and rocks are referred to in subsection (1) the letter d and the letter e to the Governor in accordance with the provisions of the legislation, to:


a. WUP WUP nonmetallic minerals and rocks that are at cross county/city within one (1) province; and b. WUP WUP nonmetallic minerals and rocks in one district/city.
(7) in the event the Minister bestows the authority determination of WUP WUP nonmetallic minerals and rocks are referred to in subsection (6), the Governor designate WUP after coordinating with the Minister and the local bupati/walikota.
(8) the coordination referred to in paragraph (5) and paragraph (7) to equate the perception associated with WUP assignment criteria as follows: a. have a geological outcrops for nonmetallic minerals and/or rocks;

b. has the potential not metallic mineral resources and/or rock;

c. has 1 (one) or more types of nonmetallic minerals and/or rocks;

d. do not overlap with the WPR and/or WPN;
e. is the area that can be used for mining activities on an ongoing basis; and f. the mining provisions in accordance with the spatial plan.
(9) Coordinating with related institutions as referred to in paragraph (3) and paragraph (5) deals with WUP as the allocation of mining in the area of national spatial plan arranged by 7 (seven) Islands or a cluster of islands in accordance with the provisions of the legislation in the field of spatial.
Article 3 in terms of data and information of the results of investigation and research or exploration performed by: a. the Minister, Governors, or bupati/walikota correspond to those powers; or b. the assignment done by Research Institute of State or regional Research Institute, found the potential resources and mineral deposits or coal demand by the market on WP beyond a predetermined WUP as referred to in article 2 paragraph (3), subsection (5), and subsection (7), the Minister may designate WUP as new.

Article 4 (1) in 1 (one) WUP WUP metal or mineral coal can be assigned one (1) or several WIUP.
(2) metal mineral WIUP referred to in subsection (1) is one (1) primary metal minerals mining commodities including minerals ikutannya.
(3) Minerals followup as referred to in paragraph (2) is mines mineral commodities other metals associated with the major metal minerals.
Article 5 (1) within 1 (one) instead of metal or mineral WUP WUP rocks can be assigned one (1) or several WIUP.
(2) WIUP as mentioned on paragraph (1) is 1 (one) mineral mining commodities instead of metal or rock.
Article 6 (1) the Minister in establishing the WUP WUP radioactive minerals, metallic minerals and coal WUP as referred to in article 2 paragraph (1) letter a, letter b, letter c, and may overlap with WUP WUP nonmetallic minerals or rocks.
(2) in the case of radioactive minerals Minister designate WUP as referred to in article 2 paragraph (2) overlap with the holder of the mineral WIUP metals, nonmetallic minerals, WIUP WIUP rocks and/or WIUP coal then establishments that organize the Affairs of the Government in the field of ketenaganukliran should do the coordination with the holder of the mineral WIUP metals, nonmetallic minerals, WIUP WIUP rocks and/or WIUP coal.
(3) the coordination referred to in paragraph (2) in order to make cooperation agreement of concession WIUP overlap, with the principle of mutual benefit.
(4) Agency which organizes the Affairs of Government in the field of ketenaganukliran filed an assignment to the Minister in the course of determination of radioactive minerals WIUP accompanied by the concession agreement WIUP overlap as referred to in paragraph (3).
Article 7 in the event of WUP WUP nonmetallic minerals or rocks overlaps with WUP WUP metal or mineral coal referred to in article 6 in WUP WUP or nonmetallic minerals and rocks do not apply conditions to get the right of priority or the right of precedence to dress metal mineral and coal in the nonmetallic minerals or WIUP WIUP rocks.

Article 8 (1) in the case in the determination of the WP there are areas that have not been developed for prospects to set as WUP WUP metal or mineral coal, then the Minister may establish the area became WUP WUP nonmetallic minerals or rocks.
(2) in the event on the site of nonmetallic minerals or WUP WUP rocks as referred to in paragraph (1) are found the metal or mineral mining commodity coal prospects to be developed, then the Minister may designate WUP WUP metal or mineral coal after coordinating with the Governor and the bupati/walikota in accordance with those powers.
(3) in the case of mineral WIUP locations instead of metal or rock on WIUP WUP WUP or nonmetallic minerals and rocks as referred to in paragraph (2) found the metal or mineral mining commodity coal prospects to be developed, then do not apply the provision to get the right of priority or the right of precedence to dress a metal or mineral coal by way of application areas.
The second part of Setup WIUP Minerals metals and Coal WIUP article 9 (1) the Director General set up a metal or mineral WIUP WIUP coal in WUP established as referred to in article 2 paragraph (3) to offer by way of an auction to business entities, cooperatives, and sole proprietorship.
(2) preparation of metal or mineral WIUP WIUP coal referred to in subsection (1) based on data such as: a. the results of the investigation and research of mining activities in order to of determination of WP; b. exploration in WP;
c. results of the evaluation of metal or mineral WIUP WIUP coal that is returned by the holder of the IUP;
d. the results of the evaluation of the area or region the Cca KK have been returned in accordance with the provisions of the legislation;
e. results of the evaluation of metal or mineral WIUP WIUP coal IUP him over; and/or f. evaluation results against the territory of KK and/or area of the Existing contract or promise has ended.
Article 10 (1) the Governor or Regent/Mayor in accordance with those powers can apply the proposed determination of WUP WUP metal or mineral coal which overlap with WUP WUP nonmetallic minerals or rocks as referred to in article 8 paragraph (2) to the Minister on the basis of a proposal from business entities, cooperatives, and the individual as the holder of a mineral or metal instead of WIUP WIUP rocks.
(2) in the event that the holder of a mineral or metal instead of WIUP WIUP rocks interested to dress metal minerals or coal as intended in paragraph (1), then it should be filed as a participant in an auction of a metal or mineral WIUP WIUP coal according to the provisions of legislation.
Article 11 (1) preparation of metal or mineral WIUP WIUP coal as referred to in article 9 paragraph (2) letter a and letter b composed based on data and information the results of the investigation and research of mining and/or exploration conducted by: a. the Minister;

b. the Governor;

c. the bupati/walikota; and/or d. research institutions of State and regional research institutions through the assignment of an investigation and research on mining, in accordance with the provisions of the legislation.
(2) preparation of metal or mineral WIUP WIUP coal from WIUP returned or WIUP ended as referred to in article 9 paragraph (2) Letter c to f with the letters compiled based on data and information results exploration, feasibility study and/or mining was conducted by: a. an IUP holder;

b. contractor KK; and/or c. Cca contractors.
(3) Data and information the results of the investigation and research of mining and/or exploration as referred to in paragraph (1) and the information and data exploration, feasibility study and/or mining as intended in paragraph (2) and the proposal from the Governor or Regent/Mayor as stipulated in article 10 was delivered to the Minister in particular the Director General with a copy to the head of the Agency for Geology and head of Data and information on energy and Mineral resources the following summary of the results of the data geosain and map.
Article 12 (1) preparation of WIUP in order to offer the auction way WIUP as referred to in article 9 is carried out by the Director-General through technical and economic evaluation.
(2) for the implementation of the technical and economic evaluation, as referred to in paragraph (1), the Director General may form teams preparation WIUP.
(3) preparation of WIUP Team referred to in paragraph (2) consists of representatives of: a. the Directorate General of Mineral and coal;

b. Geological Agency;

c. the Agency's research and development of energy and Mineral resources;

d. the Secretariat-General of the Ministry of energy and Mineral resources;

e. relevant agencies; and f. the provincial government and/or the local City/County Government.
(4) preparation of WIUP Team referred to in paragraph (3) report the results of the technical and economic evaluation to the Director General.
Article 13 (1) based on the results of the technical and economic evaluation as referred to in article 12, the Director General of drafting the proposed plan containing WIUP assignment: a. location;

b. breadth and limits WIUP using georeferensi WUP;

c. data quality WIUP;
d. price compensation data information WIUP or total cost of the investment in accordance with the provisions of the legislation; and e. land use.
(2) broad and limit WIUP referred to in subsection (1) letter b must meet the following criteria: a. geography;

b. rules of conservation;

c. resources support neighborhood;

d. optimization of mineral resources and/or coal; and e. the level of overcrowding.
(3) Resources support neighborhood as referred to in paragraph (2) Letter c is based on the study of the environment in accordance with the provisions of the legislation in the field of the protection and management of the environment.

(4) the proposed plan of WIUP assignment referred to in subsection (1) is coordinated by the Director General with relevant agencies, the Governor, and the local bupati/walikota relating to determination of the boundary plan, coordinate, and widely considered the particular potential WIUP contain metal minerals and/or coal in WIUP.
Article 14 the Director General on the basis of the results of the coordination referred to in Article 13 paragraph (4) propose to the Minister regarding the determination of WIUP with enclosed: a. coordinate WIUP arranged as contained in Annex I of the regulation of the Minister; and b. a map of WIUP depicted in the form of a format as listed in annex II to this regulation of the Minister.
CHAPTER III INFORMATION SYSTEM of MINING AREA of article 15 (1) WP information system are intended to be made, among other things: a. coordinate system;
b. Basic maps published by the Government agency that conducts the Affairs of the Government in the field of surveying and mapping national; and c. a map of WP, WUP, WPR, WPN, or radioactive minerals, mineral WIUP metals, nonmetallic minerals, rocks, and coal.
(2) WP information system referred to in subsection (1) is carried out by applying the technology of geographic information system that is universal.
Article 16 (1) coordinate system mapping using the National Geodetic Datum WIUP which has the same parameters with the parameters of the Ellipsoid World Geodetic System.
(2) the WUP, WPR, WPN, WIUP or depicted in a map with a scale of plano situation paper size A3 and in the form of a closed polygon bounded by lines parallel to the latitude and longitude with multiples of at least one-tenth second (0.1 ") as well as using coordinate system as referred to in paragraph (1).
(3) a map of the WUP, WPR, WPN, or WIUP referred in paragraph (2), must contain, among other things: a. the boundaries, coordinates, and broad;

b. kodefikasi WUP, WPR, WPN, or WIUP;

c. administrative boundaries;

d. status of land use;
e. a description of the map, among other lines, the source scale map, and the map location; and f. endorsement map WUP, WPR, WPN, or WIUP.
(4) Ratification map referred to in paragraph (3) the letter f was signed by officials appointed by the Minister, Governors, or bupati/walikota in accordance with those powers.
(5) Kodefikasi as referred to in paragraph (1) letter b composed in accordance with the guidelines as listed in Annex III to this regulation of the Minister.
CHAPTER IV ASSIGNMENT WIUP article 17 (1) the Minister establishes WIUP minerals metals and coal WIUP to offered to businesses and individuals, cooperatives, based on the proposals of the Director-General referred to in Article 14.
(2) the Minister may refuse the assignment of metal or mineral WIUP WIUP coal proposed by the Governor or Regent/Mayor as stipulated in article 10 was based on technical and economic evaluations conducted by the Director General.
Article 18 (1) the Minister, Governors, or bupati/walikota in accordance with its published a map instead of a metal or mineral WIUP WIUP rocks based on application business entities, cooperatives, and individuals who have fulfilled the requirements in accordance with the provisions of the legislation.
(2) the Governor or Regent/Mayor in accordance with those powers before publishing the map instead of metal or mineral WIUP WIUP rocks as referred to in paragraph (1), compulsory Ministerial coordinating with if: a. the overlap with metal minerals WIUP and/or WIUP coal that has been designated by the Minister to be auctioned;
b. overlapping with metallic minerals WIUP and/or WIUP coal that has been given to the holders of the metal or mineral coal IUP;
c. be in WUP WUP nonmetallic mineral or rock that overlap with WUP WUP radioactive minerals, metals, minerals and/or coal WUP.
Article 19 (1) in the case of metallic minerals WIUP locations that have been defined in an early WIUP as stipulated in article 17 mineral mining commodities found other metals which are not metallic mineral Association then Minister set a new commodity for WIUP mineral mining other metals.
(2) in the event on the site of a metal or mineral WIUP WIUP coal that has been established in an early group discovered WIUP mining commodities different then Minister set a new commodity for the WIUP mine in a new WUP.
(3) the determination of metal or mineral WIUP WIUP coal as stipulated in article 5 clause (1) overlapping with nonmetallic minerals or WIUP WIUP rocks laid down by the Minister after coordinating with the Governor and the local bupati/walikota.
(4) if in a metal or mineral WIUP WIUP coal mine of mineral commodities, there is not a metal or rock mining commodities demand by business entities, cooperatives, and sole proprietorship then can assign WIUP nonmetallic minerals and/or rocks WIUP by Governor or Regent/Mayor in accordance with those powers after coordinating with the Minister.
Article 20 (1) the holder of the first metal minerals WIUP gain primacy in getting WIUP to the mineral mine other metals commodities referred to in article 19 paragraph (1) without the auction and should form a new business entity in accordance with the provisions of the legislation.
(2) to get to the mining commodity WIUP different as mentioned in article 19 paragraph (2) provided to holders of WIUP first without the auction and should form a new business entity in accordance with the provisions of the legislation.
(3) to get a metal or mineral WIUP WIUP coal referred to in article 19 paragraph (3) the holder of the first WIUP should file as a bidder in accordance with the provisions of the legislation.
(4) to obtain mineral WIUP not metal or rock WIUP as stipulated in article 19 paragraph (4) business entities, cooperatives, and the individual is obliged to apply to the Minister, the Governor of the region or the bupati/walikota in accordance with those powers.
Chapter V CLOSING PROVISIONS Article 21 at the time of this Ministerial Regulation entered into force, the decision of the Minister of energy and Mineral resources, Number 1603 K/40/MEM/2003 dated 24 December 2003 concerning guidelines for the mining area of Backup and the decision of the Minister of energy and Mineral resources, Number 1614 2004 October 18, 2004 Application Processing Guidelines of Contract works and the Covenant of Works concessions of coal mining in order for Foreign Investment , revoked and declared inapplicable.

Article 22 this Ministerial Regulation comes into force on the date specified.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on August 11, 2011 MINISTER of ENERGY and MINERAL RESOURCES of the REPUBLIC of INDONESIA, DARWIN ZAHEDY SALEH Enacted in Jakarta on August 11, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR Annexes: 1 2 3