STATE NEWS
REPUBLIC OF INDONESIA
STATE NEWS
REPUBLIC OF INDONESIA
MINISTRY OF ENERGY AND MINERAL RESOURCES
REGULATION OF MINISTER OF ENERGY AND MINERAL RESOURCES
Number 12 YEAR 2011
ABOUT
ORDER THE DESIGNATION OF THE MINING BUSINESS REGION
AND THE MINING REGION INFORMATION SYSTEM
MINERALS AND COAL
WITH THE GRACE OF ALMIGHTY GOD
MINISTER OF ENERGY AND MINERAL RESOURCES,
Weighing: that to carry out the provisions of Article 21 of the paragraph (4) and Article 38 paragraph (4) of Government Regulation No. 22 of 2010 on the Mining Region, it needs to establish the Regulation of the Minister of Energy and Mineral Resources on the Tata Way Establishment of the Mining Area and Information Systems of the Mineral and Coal Mining Area;
Remembering: 1. Law Number 32 Year 2004 on Local Government (Indonesian Republic of Indonesia 2004 Number 125, Additional Gazette Republic of Indonesia No. 4437) as it has been twice amended with Law of 2008 Number 12 (sheet of State of the Republic of Indonesia 2008 No. 59, Additional Gazette of the Republic of Indonesia No. 4844);
2. Law No. 26 Year 2007 on Alignment Of Spaces (State Sheet Of The Republic Of Indonesia Year 2007 Number 68, Additional Sheet Of State Republic Indonesia Number 4725);
3. Act No. 4 Year 2009 on Mineral Mining and Coal (State Of The Republic Of Indonesia 2009 Number 4, Additional Sheet Of State Republic Indonesia Number 4959);
4. Law No. 32 Year 2009 on the Protection and Management Of The Environment (sheet Of State Of The Republic Of Indonesia In 2009 Number 140, Additional Gazette Of The Republic Of Indonesia Number 5059);
5. Government Regulation No. 10 Year 2000 on Accuracy Of The Map For The Realignment Of The Region (sheet Of State Of The Republic Of Indonesia In 2000 Number 20, Additional Sheet Of State Of Indonesia Number 3934);
6. Government Regulation Number 38 Year 2007 on the Partition of Government Affairs Between the Government, Provincial Local Government, and the District/City Local Government (Indonesian Republic of 2007) Number 82, additional State Sheet Republic of Indonesia No. 4737);
7. Government Regulation No. 26 Year 2008 on the National Area Tata Plan (Sheets Of State Republic Of Indonesia 2008 Number 48, Additional Sheet Republic Of Indonesia Number 4833);
8. Government Regulation No. 15 Year 2010 on the Hosting Of Space (Sheet State Of The Republic Of Indonesia 2010 Number 21, Additional Sheet Republic Of Indonesia Number 5103);
9. Government Regulation No. 22 Year 2010 on the Mining Area (State Sheet of Indonesia Year 2010 Number 28, Additional Gazette Republic of Indonesia Number 5110);
10. Government Regulation No. 23 Year 2010 on Implementation Of The Activities Of The Mineral And Coal Mining Business Activities (sheet Of State Of The Republic Of Indonesia In 2010 Number 29, Additional Gazette Of The Republic Of Indonesia Number 5111);
11. Presidential Decree No. 84 /P 2009 dated 21 October 2009;
12. Ordinance of the Minister of Energy and Mineral Resources No. 18 of 2010 on the Organization and the Working Governance of the Ministry of Energy and Mineral Resources (State News Indonesia of 2010 Number 552);
DECIDED:
Establish: REGULATION OF THE MINISTER OF ENERGY AND MINERAL RESOURCES ON THE LAYOUT OF THE ESTABLISHMENT OF MINING ENTERPRISES AND THE INFORMATION SYSTEMS OF MINERAL AND COAL MINING REGIONS.
BAB I
UMUM PROVISIONS
Section 1
In Regulation of the Minister this is referred to:
1. The following Mining Areas are called WP, the Mining Effort which is next called WUP, the People ' s Mining Area which is next called WPR, the State Seekers Region next called WPN, Venture Permit Area The following mining is called WIUP, the subsequent Mining Permits called IUP, Mineral, Coal, Enterprise Enterprise, Exploration, Feasibility Study, and Addition, as referred to in Act No. 4 of the Year 2009. Minerals mining and coal mining.
2. The next radioactive mining area called WUP radioactive, is part of the WP that has had the availability of data, potential, and/or geological information that is predominant in the commodity of radioactive mines.
3. The next metal mineral mining area called WUP mineral metals, is part of the WP that has had the availability of data, potential, and/or geological information that is predominant in the commodity of metal mineral mines.
4. The next coal-mining area called WUP coal, is a part of WP that has had the availability of data, potential, and/or geological information that is predominant coal mining commodities.
5. The non-metal mineral-mining area is not a metal, is a part of the WP that has had data availability, potential, and/or geological information that is predominant in mineral mining commodities. Not metal.
6. The next rock-mining area called WUP rocks, is part of the WP that has had the availability of data, potential, and/or geological information that is predominant in the commodity of rock mines.
7. The metal mineral mining permit region including its followup mineral, which is next called the metallic mineral WIUP, is part of the WUP mineral metals that are given to the business agency, cooperatives and individuals through auctions.
8. The coal-mining business permit region, which is next called WIUP coal, is part of WUP coal that is given to the business agency, cooperatives and individuals through auctions.
9. The non-metal mineral-mining permit region, which is later called the mineral WIUP instead of metals, is part of the WUP mineral instead of a metal given to a body of enterprise, cooperatives and individuals through pleas.
10. The coal-mining permit region, which is next called WIUP rocks, is part of the WUP rocks given to the business bodies, cooperatives and individuals through pleas.
11. Lelang is the way of bidding for WIUP or WIUPK in order to grant IUP Exploration, IUP Operations Production, IUPK Exploration, and/or IUPK Operation Production of metal and coal minerals.
12. Contract Works, which subsequently called KK, is an agreement between the Government of the Republic of Indonesia and the Indonesian legal entity in order to Plant Foreign Capital to carry out mining of mineral excavating materials, no including petroleum, natural gas, geothermal, active radio, and coal.
13. Agreement of the Works of Mining Mining of the Coal, which is then called PKP2B, is the agreement between the Government of the Republic of Indonesia and the Indonesian legal entity in order to Cultivation In The Country and/or Capital Cultivation. Foreign to carry out coal mining efforts.
14. Data are all facts, clues, indications, and information in the form of writing (characters), numbers (digital), images (analogues), magnetic media, documents, rock perconto, fluids, and other forms obtained from the results of the investigation and research mining, exploration, feasibility study, or mining.
15. Mining Area Information System, which is next called the WP information system, is an integrally built information system to process WP data into useful information to solve problems and take The decision on the territory.
16. Datum Geodesi Nasional is a reference in Indonesia to represent the position (coordinates) in the national survey and the mapping of the national Geodesi.
17. Minister is the minister who organizes government affairs in the fields of mineral and coal mining.
18. Director General is the Director General whose duties and responsibilities in the fields of mineral and coal mining.
BAB II
MINING BUSINESS REGION ' S SETUP
The Kesatu section
Common
Section 2
(1) WP may consist of WUP covering:
a. Radioactive wUP;
B. WUP metal minerals;
C. WUP coal;
D. WUP minerals are not metals; and/or
e. WUP rocks.
(2) The Minister establishes the radioactive WUP as referred to in paragraph (1) the letter a based on the proposal of an agency that organizes government affairs in the field of notoriagate.
(3) The Minister establishes the WUP mineral metals and WUP coal as referred to in paragraph (1) letter b and the letter c after coordinating with the governor and the local mayor/mayor and related agencies.
(4) The feeding of the metal mineral WUP or coal WUP as referred to in paragraph (3) is set by the Minister after meeting the criteria as follows:
a. have a coal-carrier rock formation and/or metal mineral carrier rock formation, including offshore areas based on geological maps;
B. have a geological outcrop for metal and/or coal minerals;
c. have potential metal and/or coal mineral resources;
D. has 1 (one) or more types of metal minerals including its followup mineral and/or coal;
e. not overlapped with WPR and/or WPN;
f. is a region that can be utilized for mining activities on a continuous; and
G. It's a mining area for the layout of the plan.
(5) The Minister establishes the WUP minerals instead of metal and WUP rocks as referred to in paragraph (1) d and letter e after coordinating with the governor and the local mayor/mayor and related agencies.
(6) The Minister may bestow the authoring authority of WUP minerals instead of metals and WUP rocks as referred to in paragraph (1) letter d and letter e to the governor in accordance with the provisions of the laws, for:
a. WUP minerals are not metals and WUP rocks that are on the cross-county/city cross in 1 (one) province; and
B. WUP minerals are not metals and WUP rocks in 1 (one) district/city.
(7) In terms of the Minister bestoting the designation of the designation WUP minerals instead of metal and WUP rocks as referred to in paragraph (6), the governor established the WUP after coordinating with the Minister and the local regent/mayor.
(8) The Coordination as referred to in paragraph (5) and paragraph (7) to equalize perceptions related to the WUP designation criteria as follows:
a. have a geological outcrop for minerals instead of metal and/or rocks;
B. have the potential of mineral resources instead of metal and/or rocks;
c. have 1 (one) or more types of minerals instead of metal and/or rocks;
D. not overlapped with WPR and/or WPN;
e. is a region that can be utilized for mining activities on a continuous; and
f. It's a mining area for the layout of the plan.
(9) Coordination with related agencies as referred to in paragraph (3) and paragraph (5) relating to WUP as a mining region in a national region plan of space compiled by 7 (seven) islands or islands of the archipelago in accordance with the provisions of the laws in the field of spatial arrangement.
Section 3
In terms of data and information the results of the investigation and the research or exorations performed by:
a. Minister, governor, or bupati/mayor according to his authority; or
B. The assignment of the state research institute or the regional research institute,
find potential resources and mineral or coal reserves that are in demand by the market on WP outside the designated WUP as referred to in Article 2 of the paragraph (3), paragraph (5), and paragraph (7), then the Minister can set out as the new WUP.
Section 4
(1) In 1 (one) WUP metal minerals or coal WUP can be designated 1 (one) or some WIUP.
(2) WIUP the metal mineral as referred to in paragraph (1) is 1 (one) major metal mineral mining commodity including its followup mineral.
(3) Ikutan Minerals as referred to in verse (2) are other metal mineral mining commodities associated with the main metal minerals.
Section 5
(1) In 1 (one) WUP minerals instead of metal or WUP rocks can be designated 1 (one) or some WIUP.
(2) WIUP as referred to in paragraph (1) is 1 (one) mineral mining commodity instead of metal or rock.
Section 6
(1) The Minister in assigning WUP of radioactive minerals, WUP of metal minerals and WUP coal as referred to in Article 2 of the paragraph (1) letter a, letter b, and letter c, can overlap with WUP minerals instead of metal or WUP rocks.
(2) In regard of the Minister setting WUP radioactive minerals as referred to in Article 2 verse (2) overlap with holders of WIUP metal minerals, WIUP minerals instead of metal, WIUP rocks and/or WIUP coal then the instance that organizes Government affairs in the field of calm need to coordinate with holders of WIUP metal minerals, WIUP minerals instead of metal, WIUP rocks and/or coal WIUP.
(3) The Coordination as referred to in paragraph (2) in order to make the overlapping entrepreneurial cooperation agreement of WIUP, with the principle of mutual benefit.
(4) The Instancy that organizes government affairs in the field of notoriality submitted the assignment to the Minister in order of setting up WIUP of radioactive minerals accompanied by an overlapped WIUP coworker agreement as It is in verse (3).
Section 7
In terms of WUP minerals instead of metal or WUP rocks overlapped with WUP mineral metals or WUP coal as referred to in Article 6 then in WUP minerals instead of metal or WUP rocks does not apply provisions to obtain priority rights or the right of primacy to attempt metal and coal minerals in WIUP minerals instead of metal or WIUP rocks.
Section 8
(1) In terms of the WP designation section there are areas that have not been prospects to be developed in order to be designated as either WUP mineral metals or WUP coal, then the Minister can set the region into a mineral WUP instead of metal or WUP rocks.
(2) In regard to the location of the WUP mineral instead of metal or WUP rocks as referred to in verse (1) are found a commodity group of metal or coal minerals that prospects to develop, then the Minister can assign WUP a metal mineral or WUP coal after coordinating with the governor and regent/mayor according to his authority.
(3) In regard to the location of WIUP the minerals instead of metal or WIUP rocks on WUP minerals instead of metal or WUP rocks as referred to in verse (2) are found the commodity group of metal or coal minerals that prospects to develop, then It does not apply to the right of priority or the right to work out metal or coal minerals by means of a territorial appeal.
The Second Part
WIUP Mineral Metal Director and WIUP Batubara
Section 9
(1) The Director General prepares the metal mineral WIUP or the coal WIUP in the designated WUP as referred to in Article 2 of the paragraph (3) to be offered by way of auction to the business, cooperative, and individual entities.
(2) The evaporation of the metal mineral WIUP or the coal WIUP as referred to in paragraph (1) based on data among others:
a. the results of the mining investigation and research activities in the framework of WP designation;
B. exploration in WP;
c. evaluation results against the metal mineral WIUP or the coal WIUP returned by IUP holders;
D. evaluation results against the KK region or the PKP2B region which have been returned in accordance with the provisions of the laws of the laws;
e. the evaluation results against the metal mineral WIUP or the coal WIUP that IUPends end; and/or
f. the evaluation results against the KK and/or PKP2B region whose contract or agreement has expired.
Section 10
(1) The governor or bupati/mayor in accordance with his authority may apply for the proposed designation WUP mineral metal or WUP coal that overlaps with WUP mineral instead of metal or WUP rocks as referred to in Article 8 of the paragraph (2) to the Minister based on the proposals of the business entity, the cooperative, and the individual as holders of WIUP minerals instead of metals or WIUP rocks.
(2) In terms of the holders of WIUP minerals instead of metal or WIUP rocks interested in seeking metal or coal minerals as referred to in paragraph (1), then must submit as auction participants WIUP the metal minerals or WIUP coal in accordance with the provisions of the laws.
Section 11
(1) WIUP the metal mineral WIUP or coal WIUP as referred to in Article 9 of the paragraph (2) letter a and the letter b is compiled based on the data and information results of the mining and mining research and/or exploration conducted by:
a. Minister;
B. governor;
C. bupati/walikota; and/or
D. state research institute and regional research institute through the assignment of research and mining research,
in accordance with the provisions of the laws.
(2) WIUP the metal mineral WIUP or the coal WIUP from the returned WIUP or WIUP ending up as referred to in Article 9 of the paragraph (2) the letter c up to the letter f is compiled based on the data and exploration results information, feasibility study, and/or mining done by:
a. iUP holder;
B. KK contractors; and/or
c. PKP2B contractor.
(3) Data and information results of mining and mining research and/or exploration as referred to in paragraph (1) and the data and information of exploration results, feasibility study, and/or mining as referred to in paragraph (2) as well as the proposal from the governor or regent/mayor as referred to in Article 10 delivered to the Minister c.q. Director General with busan to the Head of the Geology Agency and Head of the Energy and Energy Information and Mineral Resources following the summary of the results Geoscience and map data.
Section 12
(1) WIUP broadcaster in order to bid WIUP by means of auction as referred to in Article 9 conducted by the Director General through technical and economic evaluation.
(2) For the implementation of technical and economic evaluations, as referred to in paragraph (1), the Director General can form the WIUP setup team.
(3) The WIUP setup team as referred to in paragraph (2) is a representative of:
a. Directorate General of Mineral and Coal;
B. Geology Agency;
C. Energy Research and Development Agency and Mineral Resources;
D. General Secretariat of the Ministry of Energy and Mineral Resources;
e. associated agencies; and
f. Provincial and/or local government/municipal governments.
(4) WIUP ' s setup team as referred to in paragraph (3) reports the results of the technical and economic evaluation to the Director General.
Section 13
(1) Based on the results of the technical and economic evaluation as referred to in Article 12, the Director General compiled the proposed WIUP designation plan:
a. location;
B. broad and extent WIUP by using WUP georeference;
c. data quality WIUP;
D. the WIUP information data compensation price or the total cost replacement of investments in accordance with the provisions of the laws of the laws; and
e. Land use.
(2) The extent and extent of WIUP as referred to in paragraph (1) the letter b must meet the following criteria:
a. geo-location;
B. conservation rules;
c. Environmental support;
D. optimise the mineral resources and/or coal; and
e. Population density.
(3) The environment supports the environment as defined in paragraph (2) of the letter c based on the study of the environment in accordance with the provisions of the laws of the environment and the management of the environment.
(4) The proposed WIUP designation plan as referred to in paragraph (1) is coordinated by the Director General with related agencies, governors, and local mayors relating to specific WIUP plans, coordinates, and broad WIUP-wide considered the potential to contain metal and/or coal minerals in WIUP.
Section 14
The Director-General based on the coordination results as referred to in Article 13 of the paragraph (4) proposes to the Minister regarding the designation of WIUP with dilampiri:
a. WIUP coordinates are compiled as set forth in Appendix I of this Minister's Regulation; and
B. WIUP maps are described in format forms as set forth in Annex II of this Minister's Regulation.
BAB III
MINING REGION INFORMATION SYSTEM
Section 15
(1) The WP information system is intended for uniformity, among other things:
a. coordinate system;
B. the base map published by the Government instance that organizes government affairs in the national survey and mapping fields; and
c. WP maps, WUP, WPR, WPN, or WIUP radioactive minerals, metallic minerals, minerals instead of metal, rocks, and coal.
(2) The WP information system as referred to in paragraph (1) is carried out by implementing a universal, geographical information system technology.
Section 16
(1) WIUP mapping coordinate system using a National Geodesi Datum which has the same parameters as the Ellipsoid World Geodetic Systemparameter.
(2) WUP, WPR, WPN, or WIUP are described in a situation map with a plano scale paper size A3 and in a closed polygon form bounded by lines parallel to the latitude and longitude at a minimum of one-tenth of a second (0.1 ") as well as using the coordinate system as referred to in paragraph (1).
(3) The WUP map, WPR, WPN, or WIUP as referred to in paragraph (2), must list, among other things:
a. boundaries, coordinates, and broad;
B. kodefefficacy WUP, WPR, WPN, or WIUP;
c. administrative limit;
D. landuse status;
e. map description, among other lines scales, map sources, and map locations; and
f. Confirmation of WUP, WPR, WPN, or WIUP maps.
(4) The unrest of the map as referred to in paragraph (3) the letter f is signed by the official appointed by the Minister, the governor, or the regent/mayor according to his authority.
(5) Kodefatification as referred to in paragraph (3) the letter b is compiled according to the guidelines as set forth in Annex III of the Regulation of this Minister.
BAB IV
WIUP ASSIGNMENT
Section 17
(1) The Minister establishes the metal mineral WIUP and the coal WIUP to be offered to the business entity, the cooperative, and the individual under the proposal of the Director General as referred to in Article 14.
(2) The Minister may reject the designation WIUP of metal minerals or coal WIUP proposed by the governor or regent/mayor as referred to in Article 10 based on the technical and economic evaluation conducted by the Director General.
Section 18
(1) Minister, governor, or bupati/mayor in accordance with his authority published a map of WIUP minerals instead of metals or WIUP rocks based on application of enterprise, cooperative, and individual applications that have met the requirements in accordance with the provisions of Laws.
(2) The governor or bupati/mayor in accordance with his authority before publishing the mineral WIUP map instead of metal or WIUP rocks as referred to in paragraph (1), is required to coordinate with the Minister if:
a. overlap with WIUP the metal minerals and/or the coal WIUP that the Minister has set to be auctioned;
B. overlap with WIUP metal minerals and/or WIUP coal that has been given to the IUP holders of metal or coal minerals;
c. reside in WUP mineral instead of metal or WUP rocks that overlap with WUP of radioactive minerals, WUP metal minerals, and/or WUP coal.
Section 19
(1) In regard to the location of WIUP the metal minerals that have been established in an early WIUP as referred to in Article 17 of the commodity mine other metal minerals that are not the metal minerals association then the Minister sets a new WIUP to Another commodity mineral mineral.
(2) In terms of the location of the metal mineral WIUP or the coal WIUP that had been established in an early WIUP were found a different commodity mining group then the Minister set a new WIUP for the mining commodity group in a WUP New.
(3) WIUP the metal mineral WIUP or coal WIUP as referred to in Article 17 paragraph (1) that overlaps with WIUP minerals instead of metal or WIUP rocks set by the Minister after coordinating with the governor and bupati/mayor Local.
(4) If in WIUP the mineral metals or WIUP coal there are mineral mining commodities instead of metals or rock mining commodities that are in demand by businesses, cooperatives, and individuals can be designated WIUP minerals instead of metal and/or WIUP The rock by the governor or the regent/mayor corresponds to his authority after coordinating with the Minister.
Section 20
(1) The first metal mineral WIUP acquired the primacy in getting WIUP for the commodities of other metal mineral minerals as referred to in Article 19 of the paragraph (1) without auction and must form a new entity in accordance with the the provisions of the laws.
(2) To get WIUP for different mining commodity groups as referred to in Article 19 of the paragraph (2) is given to the first WIUP holders without auctions and must form a new entity in accordance with regulatory provisions It's
(3) To obtain a metal mineral WIUP or coal WIUP as referred to in Article 19 of the paragraph (3) the first WIUP holders must submit as an auction participant in accordance with the provisions of the laws.
(4) To get WIUP the minerals instead of metal or WIUP rocks as referred to in Article 19 of the paragraph (4) the business entity, the cooperative, and the individual are required to apply for the territory to the Minister, the governor or the regent/mayor according to His authority.
BAB V
CLOSING PROVISIONS
Section 21
At the time of the Ordinance of the Minister, the Decree of the Minister of Energy and Mineral Resources No. 1603 K/40/MEM/2003 dated December 24, 2003, on the Expiration Guidelines of the Mining Area and the Decree of the Minister of Energy and Mineral Resources No. October 18, 2004 October 18, 2004 on October 18, 2004 on the Contractual Petition of the Works Contract and the Agreement by the Coal Mining Company in Order to Cultivation Foreign Capital, revoked and declared do not apply.
Section 22
The Minister ' s rules are beginning to apply at the set date.
In order for everyone to know it, order the invitational of the Minister's Regulation with its placement in the News of the Republic of Indonesia.
Set in Jakarta
on August 11, 2011
THE MINISTER OF ENERGY AND MINERAL RESOURCES OF THE REPUBLIC OF INDONESIA,
DARWIN ZAHEDY SALEH
Promulgated in Jakarta
on August 11, 2011
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
PATRIALIST AKBAR
Attachment:
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