Key Benefits:
CENTRAL JAVA PROVINCIAL GOVERNMENT
REGULATION OF CENTRAL JAVA PROVINCE
NUMBER 8 IN 2010
ABOUT
GEOTHERMAL MANAGEMENT IN THE CENTRAL JAVA PROVINCE
WITH THE GRACE OF THE ALMIGHTY GOD
GOVERNOR OF CENTRAL JAVA,
Draw: that to implement the provisions of Article 6 of the paragraph (1) Invite-Invite Number 27 of 2003 on the Hot Earth, it needs to form the Regional Regulation on the Geothermal Management In The Province Of Central Java;
Given: 1. Law Number 10 of the Year 1950 on the Establishment of Central Java Province (State of State Invitation-State invitation 1950 Page 86-92);
2. Law Number 5 of the Year 1960 on the Basic Regulations of the Foundation of Agrarian (State of the Republic of Indonesia 1960 No. 115, Additional Gazette of the Republic of Indonesia Number 3501);
3. Law No. 8 of 1981 on the Law of Criminal Events (State Sheet Indonesia Year 1981 Number 76 Additional Gazette of the Republic of Indonesia Number 3209);
4. Law No. 5 Year 1990 on Conservation of Natural Resources Biodiversity and Ecosystem (State Of The Republic Of Indonesia 1990 Number 149, Additional Sheet Of Republic Of Indonesia Indonesia Number 3419);
5. Law No. 41 of 1999 on Forestry (Indonesian Republic of Indonesia Gazette 1999 Number 167,
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Additional Republic of Indonesia State Sheet Number 3888) as amended by Law No. 19 of 2004 on Establishing Government Regulation Of Successor Law Number 1 Year 2004 on Top Change Act Number 41 of 1999 on Forestry Act (sheet of State of the Republic of Indonesia 2004 No. 86, Additional Gazette of the Republic of Indonesia No. 4412);
6. Law No. 27 of 2003 on the Geothermal
(the State Gazette of the Republic of Indonesia in 2003 No. 115, Additional Gazette of the Republic of Indonesia Number 4327);
7. Law Number 10 of the Year 2004 on Establishment
Regulation (Gazette of the Republic of Indonesia 2004 No. 53, Additional Gazette of the Republic of Indonesia Number 4389);
8. Law No. 32 of the Year 2004 on Local Government (Indonesian Republic of 2004 Number 125, Additional Gazette of the Republic of Indonesia No. 4437) as amended in the last few times by Act No. 12 2008 About The Second Change Of The Law Number 32 Of 2004 On The Local Government (sheet Of State Of The Republic Of Indonesia 2008 Number 59, Additional Gazette Of The Republic Of Indonesia Number 4844);
9. Law Number 33 Year 2004 On The Financial Balance Between The Central Government And The Local Government (sheet Of State Of The Republic Of Indonesia In 2004 Number 126, Additional Gazette Of The Republic Of Indonesia Number 4438);
10. Law No. 26 Of 2007 On The Settings
Room (sheet Of State Of The Republic Of Indonesia In 2007 Number 68, Extra State Sheet Of The Republic Of Indonesia Number 4725);
11. Law No. 30 Year 2007 on Energy (State Sheet Indonesia Year 2007 Number 96, Additional Gazette Republic of Indonesia Number 4746);
12. Law No. 30 Year 2009 on
Fame of the Republic of Indonesia Year 2009 Number 132, Additional Gazette of the Republic of Indonesia Number 5051);
13. Law No. 32 Year 2009 on Protection
And Environmental Management (State Sheet
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The Republic Of Indonesia Year 2009 Number 140, Additional Sheet Of The Republic Of Indonesia Indonesia Number 5059);
14. Government Regulation No. 27 of 1983 on
Implementation of the Law of the Law of Penal Events (sheet of State of the Republic of Indonesia 1983 Number 36, Additional Gazette of the Republic of Indonesia Number 3258);
15. Government Regulation No. 10 of 1989 on
The provision and utilization of electricity (sheet of state of the Republic of Indonesia 1989 No. 5, additional sheet of State Republic of Indonesia No. 4469) as amended several times. last with the Government Regulation No. 26 of 2006 on the Second Amendment to Government Regulation No. 10 of 1989 on the Provision And Utilization Of Electricity Power (sheet Of State Of The Republic Of Indonesia In 2006 Number 56, Extra Sheet) Republic of Indonesia Number 4628);
16. Government Regulation Number 27 In 1999 On Analysis Of The Environmental Impact (sheet Of State Of The Republic Of Indonesia In 1999 Number 59, Additional Gazette Of The Republic Of Indonesia Number 3838);
17. Government Regulation No. 79 of 2005 on the Coaching And Supervision Guidelines For The Holding Of Local Government (sheet Of State Of The Republic Of Indonesia In 2005 Number 165, Additional Gazette Of The Republic Of Indonesia Number 4593);
18. Government Regulation Number 38 Year 2007 On The Division Of Government Affairs Between Government, Provincial Government And District/city Government (state Sheet Of The Republic Of Indonesia In 2007, Number 82, Extra Country Sheet) Republic of Indonesia No. 4737);
19. Government Regulation Number 59 Of 2007 On The Activities Of The Geothermal Enterprises (sheet Of State Of The Republic Of Indonesia Year 2007 Number 132, Additional Gazette Republic Of Indonesia Number 4777);
20. Government Regulation No. 26 of 2008 on
National Area Governance Plan (State Sheet of the Republic of Indonesia Year 2008 Number 96, Additional Lem-baran of the Republic of Indonesia Number 3721);
21. Presidential Decree No. 32 of 1990 on Penge-lolaan Area Lindung;
22. 2007 Presidential Decree No. 1 of 2007 on Unrest, Invitation And Dissemination Of Rules
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Perundang-undation;
23. Province Of Central Java Province Number 2 In 2004 on Investigations Of Civil Servers (sheet Area Of Central Java Province Year 2004 Number 5 Series E Number 2);
24. Area Of Central Java Province Number 5 Of 2007 On Environmental Control In Central Java Province (sheet Area Of Central Java Province 2007 Number 5 Series E Number 2, Extra Sheet Area Of Central Java Province Number 4);
25. Area Of Central Java Province Number 4 Of 2008 On Government Affairs Which Became The Authority Of Government Of Central Java Province (Leaf Section Of Central Java Province 2008 Number 4 Series E Number 4, Additional Sheet Area Central Java Province
Number 8);
26. Area Of Central Java Province Number 6 Of 2008 On The Organization And Working Tata Of Central Java Provincial Service (leaf Region Of Central Java Province 2008 Number 6 Series D Number 2, Extra Sheet Of Central Javanese Province Number Number 11);
27. Area Of Central Java Province Number 6 Of 2010 On Central Java Provincial Area Plan 2009-2029 (leaf Region Of Central Java Province 2010 Number 6, Extra Sheet Area Of Central Java Province Number 28);
With Joint Approval
THE PEOPLE REPRESENTATIVE COUNCIL OF CENTRAL JAVA PROVINCE
AND
GOVERNOR OF CENTRAL JAVA
DECIDED:
SET: LOCAL REGULATIONS ON GEOTHERMAL MANAGEMENT IN THE PROVINCE OF JAVA MIDDLE.
BAB I
provisions of UMUM
Article 1
In this Region Regulation referred to:
1. The central government, later called the Government is the President of the Republic of Indonesia who holds the power of the Republican government
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Indonesia as referred to in the Basic Law of the Republic of Indonesia in 1945.
2. The Regional Government is the Governor and the Regional Devices as an element of regional government organiser.
3. The Minister is the Minister in charge of the Earth's Hot field.
4. The area is Central Java Province.
5. The Governor is the Governor of Central Java.
6. District/City is District/City in Central Java Province.
7. The regent/Mayor is the Regent/Mayor in Central Java Province.
8. The Group of Regional Devices which is later abbreviated to SKPD is the Central Java Provincial Device Works Unit responsible for the Earth's Hot Mining Field.
9. Geothermal is a source of heat energy contained in hot water, water vapor and rocks along with other minerals and other gases that are genetically inseparable in an Earth's heat system and for the use of it. the mining process.
10. An entity is any legal entity that may be shaped by an entity belonging to the State of the Republic of Indonesia, an entity owned by a local, cooperative or private entity established in accordance with the provisions of the applicable rules of law, running the type of Fixed and continuous effort, working and standing within the State of the Republic of Indonesia.
11. The Earth's Heat Effort is an activity to find the Earth's thermal resources until it is either directly or indirectly (or indirectly).
12. The Preliminary Survey is an activity that includes the collection, analysis and presentation of data related to the information of geological, geophysical, and geochemical conditions to estimate the location and presence of the Earth's Hot Resources as well as the work area.
13. Exploration is a series of activities that include geological investigations, geophysics, geochemistry, test drilling, and exploratory wells that aim to acquire and add information on the surface geological conditions to discover and get the Earth ' s Heat potential forecast.
14. The feasibility study is the stage activity of the Earth's Hot Mine to obtain information in detail all aspects related to determining the feasibility of the Earth's Hot mining efforts, including the deliniation of the wells, or the number of studies. backups that can be exploited.
15. Exploitation is a series of activities on a particular workspace that
includes drilling wells development and wellwells, building ground facilities and production operations of the Earth's Hot Resources.
16. The Earth ' s Heat Mining endeavor is an effort that includes exploration activities, feasibility studies and exploitation.
17. The Earth's Hot Mining permit, later called IUP, is the permission to carry out the Earth's Hot Mining Effort.
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18. The District/City of the Overseas/City Hot Mine Works is a work area established in the IUP.
19. The mineral Ikutan is a mineral in addition to oil and petroleum that is found in fluids and/or is produced in an adequate number of geothermal enterprise activities and does not require mining and production specifically as set. in other mineral mining processes.
20. Direct utilization is the activities of the Earth's energy and/or energy utilization efforts for non-electric purposes, both for the common interest and for its own sake.
21. Indirect utilization for electric power is the activities of the Earth's thermal energy utilization for power generation, both for the general interest and for its own sake.
22. Heat Management is a broad management of all inventory activities, preliminary surveys, information management, licensing, coaching, supervision and control in the management of the Municipal/City-based Hot Earth mining industry.
23. The Earth's heat potential is the Earth's Thermal Resources and Earth Resources.
24. The Earth's heat potential balance is the Earth's Heat management policy that includes forecasts of Earth's heat energy requirements, the reserves and the Earth's heat development plan.
25. The Working Area auction is a particular Workspace offering to the Entity as a series of activities to get IUP.
26. Coaching is all efforts and activities that include briefing, guidance, guidance, training and counseling in the implementation of the Earth Heat Management.
27. Oversight is all efforts and activities undertaken to ensure the safety of the environment and the strong regulations of the Earth's Hot Invitation.
28. Control is all efforts and activities that include setting up, research and monitoring of the Earth's Hot Management activities to ensure optimal and sustainable development.
29. An investigator is a State Police Officer of the Republic of Indonesia, an official or civil servant who is assigned a duty and special authority by the Invite-Invite to conduct the investigation.
30. The investigation is a series of investigative actions in terms of and according to the manner set in the Act to seek and collect evidence
with the evidence it makes light of the criminal action to occur to find the suspect.
31. The subsequent civil servants of the Ministry of Civil servants were the officials of a particular civil servant in the government of the local government authorized by the law to investigate violations of the rules. Area.
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BAB II ASAS AND PURPOSE
Section 2
The activities of the Earth's Hot Mining activities follow the benefits, efficiency, justice, togetherness, economic optimisation in the utilization of resources, affordability, sustained, believe and rely on their own capabilities, security and safety, the preservation of environmental functions, as well as legal certainty.
Article 3
The Heat mining activities of the Earth aim: a. control the utilization of the Earth's Hot Mage activities to
support sustainable development as well as provide an added value overall; and
b. increasing the original income of the region and driving the region's economic growth in favor of the people's prosperity and prosperity.
BAB III
GEOTHERMAL MINING MANAGEMENT AUTHORITY
SECTION 4
(1) AUTHORITY The governor in the management of the Earth ' s Heat mining, includes:
a. inventory and balance sheets of the Earth's heat source and reserves;
b. Geothermal and geological information management and geothermal potential in the region/Kota;
c. The definition of Earth's heat potential in the county traffic/kota;
d. execution of the Earth Hot Primary survey in the district/kota;
e. implementation of the auction of the Earth Hot Mining Workspace in the county-area/kota;
f. Earth Hot IUP grant in the area of the Regency/Kota;
g. Monitoring and monitoring of Earth Hot Mining in the area of the Regency/Kota;
h. coaching and supervision of Safety as well as occupational health, environment
mining including reclamation of post-mine land, conservation and increased value added to Earth ' s Hot mining efforts in cross-county/city traffic or which regional impact;
i. coaching and supervision of the implementation of the Earth Hot IUP that impacts the environment directly in the area of the District/City.
(2) The execution of the authority as referred to in paragraph (1) is exercised by SKPD except the letter e and the letter f.
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BAB IV
THE GEOTHERMAL ACTIVITY STAGES
Section 5
The Tahapan of the Geothermal Effort Activities includes: a. Preliminary survey results: Workspace auction; c. exploration; d. a feasibility study; e. exploitation; and f. utilization.
The First Part of the Preliminary Survey
Section 6
(1) The preliminary survey as referred to in Section 5 of the letter a can
be done by the Governor.
(2) The implementation of the preliminary survey as referred to on paragraph (1) performed by SKPD coordinated with the Minister and the relevant Mayor/Mayor.
(3) The Governor delivered a preliminary survey results report as
referred to the paragraph (1) to the Minister as the basis of the designation Workspace.
(4) Further provisions on the layout and The terms of the execution of the preliminary survey as referred to in paragraph (1) are defined by the Governor's Rules in accordance with the rules of the invitation-invitation.
Article 7
The governor may propose to the Minister of a region for do a preliminary survey assignment.
The Second Part of the Workspace Auction
Paragraph 1 General
Section 8
(1) The Work Area Auction as referred to in Section 5 of the letter b which is the region is set forth by the Minister offered to the Business Agency and announced publicly.
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(2) In the Work Area offering as referred to in paragraph (1), the Governor has the task:
a. forming the Working Area Auction Committee
number of gasal and at least 5 (five) people, who understand the layout
way of Work Area Auction, the substance of geothermal enterprise
including its use, the law and other fields that are required both
of the elements inside and outside of the instance;
b. establish and validate the results of the Workspace Auction.
Paragraph 2
Requirements Auction
Article 9
(1) The Effort may follow the Working Area Auction should
meet the requirements of administrative, technical, and financial.
(2) The administrative requirements as referred to in paragraph (1) the most
are a bit of covering:
a. IUP mail letter to the Governor;
b. The identity of the applicant/deed of establishment of the company;
c. corporate profile;
d. Tax Required:
e. a statement of the statement of error paying the data compensation unless
for the Other Party that gets the assignment of the Primary Survey.
(3) The technical requirements as referred to in the least paragraph (1) of the least
include:
a. Exploration technical plan or Eligibility Study;
b. schedule of Exploration or Eligibility Studies.
(4) The financial requirements as referred to in the least paragraph (1)
include:
a. funding capability;
b. Evidence of an auction guarantee is at least 2.5% (two and a half percent)
from the first-year Exploration fee plan of a local bank over
name of the Working Area Auction committee;
c. proof of the guarantee of guarantee of the implementation of exploration or exploit
for US$ 10,000,000 (ten million United States dollars) in
the government bank for the activities of a minimum of 2 (two) wells
standard of exploration or exploitation with a provision of 5% (five
percent) is placed on the Regional Government bank on behalf of
The Local Government.
(5) The warranty of the auction as referred to in paragraph (4) of the letter b will
be returned to the lost auction Board.
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Section 10
Further provisions regarding the arrangement, duties, authority and liabilities
answer the Workspace Auction as referred to in Section 8
and the Requirements as well as the Order of the Auction as referred to in Section
9 is governed by the Governor Rule.
Third Quarter Exploration
Article 11
(1) Exploration as referred to in Section 5 of the letter c is done in
A Workspace by the Agency Attempt after getting IUP. (2) The Business Agency as referred to in paragraph (1) is required to perform
Exploration in accordance with good and correct mining engineering rules as well as the standard of Earth's Hot Exploration, until it is known the reserve potential is proven to be the Earth's heat as the basis release of development commitments.
Fourth Quarter feasibility study
Article 12
(1) The feasibility study referred to in Article 5 of the d can
is done by the IUP Holder Business Agency after completing the Exploration and deliver the Exploration Report to the Governor.
(2) The Entity ID as referred to in paragraph (1) must conduct the Study
worthiness according to the good and correct mining engineering rules of the Earth.
Fifth Section
Exploitation
Article 13
(1) Exploitation as referred to in Article 5 of the letter e, may be performed
by the IUP Holder Business Agency upon completion of the feasibility study as well as having the environmental feasibility decision based on the results of analysis of the analysis of the environmental impact or approval of environmental management efforts and monitoring efforts environment in accordance with the provisions of the laws in the environment of the environment.
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(2) The entity referred to in paragraph (1), is required to perform the exploit according to the good and correct mining engineering rules and the standards of Earth's Hot Exploitation and regard to environmental aspects and conservation Earth's Geothermal Resources.
Sixth Quarter utilization
section 14
utilization as referred to in Section 5 of the letter f, may be done by the IUP Holder Business Agency: a. indirect utilization for electrical power after receiving a permit
a notoriality effort in accordance with the provisions of the invite-invitation regulations in the field of composure; and/or
b. Direct utilization of the implementation in accordance with the provisions
laws.
Article 15
Earth Heat vapor pricing for power plants guidelines on the provisions of laws.
BAB V IUP
First Section of the IUP
Article 16
(1) Any Entity Entity that performs the activities of the Hot mining effort
The Earth that is in the county traffic/city is required to be IUP from the Governor.
(2) IUP is given to the Working Area auction winner ' s Board, most
long 14 (fourteen) working days since all the requirements have been met. (3) IUP may be transferred to the Affiliate Enterprise with approval
Governor.
(4) Any Entity ID can only attempt to be given 1 (one) Region
Work. (5) In case the Entity ID will attempt to be more than 1 (one) Region
Work, must be set up a separate Business Agency for any Workspace.
Article 17
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(1) The IUP term is composed of:
a. The term of an exploration time is at least 3 (three) years since the IUP is published and can be extended at most 2 (two) times each for 1 (one) year;
b. The term of the term of the exploratory is valid for a period of two (two) years from the expiration date;
c. the term of the exploitation lasts at most 30 (thirty) years since the term of exploration is over and may be extended.
(2) Prior to conducting exploratory activities, feasibility and exploitation studies
The IUP Holder Business Agency is required to notify the Governor via SKPDwith a gust to the associated Regent/Mayor.
(3) The IUP Holder Business Agency is mandatory start its activities in the term
the longest time 6 (six) months after issuer -IUP.
Section 18
(1) IUP Licensee's Enterprise prior to the start of the taxable year, is required to deliver an exploratory long-term plan to the Governor by SKPDmost slowly 3 (three) months.
(2) IUP Holder's Business Agency did not begin exploration in the term
the time referred to in Article 17 of the paragraph (3), then the guarantee of the execution of the exploration or the exploitation of the first year as referred to in Article 9 of the paragraph (4) of the letter c into the rights of the Local Government and the Entity. IUP holders are required to restore the entire Working Area to the Governor.
Article 19
(1) The exploration extension is submitted in writing the slowest 3 (three) months
before the exploration term ends to the Governor via SKPDwith a gust to the Minister and the relevant Mayor/Mayor.
(2) the Governor is mandatory establish accepted or copy of an extension
exploration, at least 14 (fourteen) days of work since the complete receipt of an exploratory extension requirement.
Article 20
(1) If completed carrying out exploration, IUP Holder Enterprise Agency
is required to submit a plan The feasibility study of the Governor by Instancy. (2) The IUP Holder Business Agency is required to notify the Governor's plan of activities
eligibility to the Governor by SKPD at the latest of 1 (one) months prior to the expiration of the exploratory term.
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Article 21
(1) IUP Licensee's Enterprise is required to provide a report of the feasibility study in writing to the Governor by SKPD prior to the exploitation.
(2) The IUP Holder Business Agency is obliged to notify. plan of exploitation
to the Governor by SKPD the slowest 1 (one) month after the end of the feasibility study.
Article 22
(1) The term for conduct of the exploit is valid at least 30 (three
years since The term of Exploration is over. (2) The term for performing Exspoitation can be extended at the most time
20 (twenty) years for each time of extension. (3) The renewal request is submitted in writing to the Governor by
SKPD for the longest 5 (five) years and the slowest 3 (three) years prior to the expiration of the term of the Exploitation.
(4) the extension's request was intended to be used in the following year. In verse (3) Governor
provides the most lasting answer 3 (three) years since the receipt of the full requirement.
(5) In giving the extension consent to perform Exploitation
as intended on verse (1), must consider the potential factor-the Earth ' s Heat reserves of the Concerned areas of work, potential or market certainty/needs, technical, economical and environmental feasibility.
(6) In terms of not carrying out Exploitation activities in the most
long 2 (two) years since the term Exploration is over, the IUP Holder Business Agency is required to restore all of its work territory.
Article 23
The IUP Holder Business Agency is entitled to obtain the effective suspension of the Exploitation term as referred to in Article 22 of the paragraph (1) from the Governor up to getting the Earth ' s Heat utilization permit in accordance with the provisions of the laws.
Second Quarter
Temporary Termination
Article 24
(1) Temporary Outage termination of Earth's thermal resources can be given to the IUP Holder Business Agency in case of a kahar situation
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(force majeure) and/or circumstances that obstructing, resulting in the termination of some or all of the activities of the Earth's Hot Mining Effort.
(2) The circumstances of the kahar (force majeure) as referred to in verse (1)
covering wars, civil unrest, uprisings, epidemics, earthquakes, floods, fires and other natural disasters outside of human abilities.
(3) The circumstances that obstructing as referred to in paragraph (1) include
blockade, Strike-a-strike, a labor dispute outside of the IUP Holder Business Agency and/or laws inhibiting ongoing mining business activities.
(4) Temporary Suspension of the Earth's Hot Resource enterprise
as referred to paragraph (1) does not reduce the time of It's IUP. (5) The temporary termination of the Earth's Hot Resource company
is delivered to the Governor by SKPD at least 14 (fourteen) days from the occurrence of the kahar and/or circumstance that obstructing it, resulting in a termination of the Earth's heat. some or all of Earth's Hot Resources.
(6) The Governor issued a written decision received or rejected with
the reason for the request as referred to in paragraph (5) at least 30 (thirty) days since received such a request.
(7) The term of temporary termination due to the kahar state and/or
the circumstances that prevent being given at least 1 (one) Year since the date of the request received by the Governor by SKPD as set forth in paragraph (5) and may be extended at most 1 (one) times for 1 (one) Year.
Third Part
Working Area
Section 25
The breadth of the Workspace for exploration as referred to in Article 17 of the paragraph (1) that can be provided to the Business Agency that has received IUP should not be exceeds 200,000 (two hundred thousand) acres.
Article 26
(1) The Workspace of the Workspace The exploitation described in the section
17 paragraphs (1) that can be provided to the IUP Holder's Enterprise may not exceed 10,000 (ten thousand) hectares.
(2) To get the Area of exploitation Workspace that is more than provisions
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as referred to in paragraph (1), the IUP Holder's Enterprise must first receive approval from the Governor, with the installed capacity report installed on Earth's Hot field development.
Article 27
(1) The IUP Holder's Enterprise can restore a portion of the Territory
to the Governor before the IUP term expires. (2) In case the IUP Holder Business Agency returns a portion of the Territory
The work referred to in paragraph (1), first shall be required to deliver data and other obligations set forth in the IUP.
Section 28
(1) If in the term of exploration as contemplated in Section
18 paragraphs (1) no heat energy reserves can be produced commercially, then the IUP Holder Entity Entity is required to be used in the following year. To return the entire work area to the Governor by SKPD.
(2) The IUP Holder Business Agency must return the entire Workspace
to the Governor by SKPD after the IUP term expires.
Article 29
(1) At the time or before the end of the term of the feasibility study as referred to in Section 20 of the paragraph (3), the IUP Holder Entity Entity is required to restore a portion of the Unutilized Workspace to the Governor through the SKPD.
(2) In the most prolonged period 2 (two) years after the Business Agency
IUP holders complete the mandatory feasibility study activities restore the exploration Workspace so that the Workspace is maintained for the exploitation not may exceed 10,000 (ten thousand) acres.
(3) In terms of the area of the Workspace for an exploration of less than 200,000 (two
hundred thousand) hectares, the IUP Holder's Enterprise can still maintain the Workspace for the exploitation of 10,000 (ten thousand) hectares.
Article 30
(1) Before returning the Territory Work as referred to in Article 27, Section 28 and Section 29, the IUP Holder Business Agency is required to perform the reclamation and preservation activities of the environment.
(2) The Work Area (s) as referred to in paragraph (1)
is declared valid after receiving written approval from the Governor.
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(3) Further provisions on the manner and return requirements
in part or entirely of the exploratory Workspace as referred to in paragraph (1) are governed by the Governor's Rule.
Part The Fourth End of IUP
Article 31
IUP ends because: a. Expires; b. returned; c. cancelled; or d. revoked.
Article 32
In case IUP has expired as referred to in Article 31 of the letter a and is not submitted an application extension or does not meet the requirements, the IUP is terminated.
Article 33
(1) The IUP Holder's Enterprise may resubmit the IUP as referred to in Article 31 of the letter b with a written statement to the Governor if the result of the exploratory results does not provide the expected economic value.
(2) Return of IUP as referred to in paragraph (1) is declared valid
after being approved by the Governor. Article 34
The IUP cancellation as referred to in Section 31 of the letter c is implemented if the IUP Holder Business Agency does not provide the data correctly.
Article 35
The governor may revoke IUP as referred to in Article 31 The letter d, if the IUP Holder Entity Entity ID: a. not complete rights for field fields, growing up,
and/or buildings damaged by the company's heat resource enterprise in accordance with applicable law provisions;
b. do not do exploration within 6 (six) months since
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awarding IUP; c. does not exploit in the term 2 (two) years from the term
the exploration time is over; d. not conduct utilization activities within the year (one) years
since the IUP Holder Business Agency has obtained the Earth's Heat utilization effort permit;
e. not to pay for state acceptance of tax and non-tax revenue in accordance with the provisions of the applicable laws;
f. not meet the safety and health requirements of work, environmental protection, and the Earth ' s Thermal Mining technical; or
g. not meet the requirements specified in accordance with the provisions of the laws.
Article 36
In case IUP ends up as referred to in Article 32 up to Section 33, then all rights of the IUP Holder Entity expire.
Article 37
(1) In case IUP ends as contemplated in Section 32 to Section 34, the IUP Holder Business Agency (IUP) is mandatory:
a. pay off all financial obligations as well as meet and resolve
all obligations in accordance with the provisions of the invite-invitation rules;
b. Perform all applicable provisions relating to the end of the IUP;
c. conduct security efforts against objects or buildings and the circumstances of the surrounding land that may endanger public security;
d. the lifting of items, buildings and equipment that remain in its former Work Territory, except for buildings that can be used for public interest in the most prolonged period of 6 (six) months since the IUP ended; and
E. restore the entire Workspace and is obliged to submit all data, whether in analog and digital form that has to do with the implementation of the Geothermal resources company to the Governor.
(2) In terms of objects, buildings, and equipment as intended
in paragraph (1) the letter d cannot be lifted outside of the former Workspace in question, then the Governor may grant permission to move it to third parties.
(3) The Workspace Exemption Section as referred to in paragraph (1) the letter e
is declared valid after the Entity ID The IUP holders fulfill all its obligations and receive written approval from the Governor.
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(4) The execution of the security and transfer of property rights as referred to in paragraph (1) letter c and letter d in accordance with the provisions of the laws.
Article 38
The governor establishes the IUP termination agreement after the IUP Holder Business Agency performs the preservation and recovery of environmental functions in the Workspace as well as other obligations.
BAB VI
rights AND liabilities THE IUP HOLDER ' S BUSINESS ENTITY
First Part Of The IUP Holder's Enterprise Rights
Section 39
(1) The IUP Holder Business Agency reserves the right:
a. conduct the Earth's Hot Mining Activities in the form of an exploration, feasibility study and exploitation in its Business Area after meeting the provisions of the applicable laws;
b. use data and information during the term of IUP in its Working Area;
c. may obtain a taxation facility under the provisions of the laws.
(2) In performing the Earth Hot Mining Activities as
referred to in paragraph (1) letter a, the IUP Holder Entity Entity is entitled:
a. enter and conduct activities in the Workspace in question; b. use common means and infrastructure; c. leverage the Earth ' s Hot Resources for direct utilization; d. selling Earth ' s heat vapour produced; and e. get an IUP term extension.
Article 40
The IUP Holder Business Agency has the right to conduct all of the Earth's Hot mining business activities as referred to in Article 39 of the continuity after meeting the requirements:
a. safety and work health; b. environment protection; and c. Geothermal mining technicics.
Article 41
At the exploratory stage, the IUP Holder Entity Entity is entitled to explore by using good and correct methods and equipment,
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includes: a. Geological inquiry; b. Geophysical investigation; c. geochemical inquiry; d. Temperature-scanning drilling; e. drilling of exploration wells and production tests.
Article 42
On the feasibility study stage, the IUP Holder Business Agency is entitled to conduct the evaluation of the reserves and technical, economic, and environmental evaluations based on the usual standards.
Section 43
On the exploitation stage, the IUP Holder Entity Entity is entitled to perform all activities according to the results of the feasibility study, including:
a. drilling of development wells and reinjection wells; b. construction of field facilities and heat resource production operations
Earth; c. construction of production wells; d. Infrastructure development to support the Earth's heat exploitation and
Earth's Hot Steam capture.
The Second Part of the IUP Holder Entity Oblicity
Article 44
(1) The IUP Holder Business Agency is mandatory:
a. understand and comply with the laws in the areas of safety and work health, environmental protection, and meeting applicable standards;
b. manage the environment to include preventive activities and countermeasures of pollution and recovery of the environmental function of the living and reclamation;
c. paying for state acceptance of taxes and state acceptance is not a tax according to The provisions of the laws of the law;
d. Maintain the use of goods, services, technology and engineering and design capabilities and to build a transparent and competitive country;
e. provide support for the research and development activities of Earth Heat science and technology;
f. provide support for the creation activities, competency development, and coaching of human resources in the Earth's Hot Fields;
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g. implement the local community development and empowerment program;
h. provide periodic written reports of the work plan and the implementation of the Earth's Hot Mining activities to the Governor by SKPD.
(2) the periodic written reports as referred to in paragraph (1) of the letter i are executed according to the following terms: a. for exploration activities and the feasibility study of the report delivered
in quarterly reports, annual reports, and annual work plans; or
b. For the activities of the report that are delivered are monthly reports, quarterly reports, annual reports, and annual work plans.
Section 45
Further provisions on the manner of granting and licensing of the Agency rights and obligations. The work of the IUP Holder as referred to in Article 39 to Section 44 is governed by the Governor's Rule.
BAB VII
DEVELOPMENT OF GEOTHERMAL POTENTIAL
Article 46
The development activities of Earth's heat potential are carried out through A. research and testing to find the Earth ' s Heat potential; b. The promotion of the Earth's heat potential for direct or indirect utilization
directly.
Article 47
If in the development of the Earth ' s heat potential is known for the presence of any other mineral or other excavating material in the IUP region, then the use of it can be commercially done by the IUP Holder's Enterprise after it has been granted permission. in accordance with the provisions of the laws.
BAB VIII
ENVIRONMENT MANAGEMENT
First Section of Land Use
Article 48
(1) The Rights of the Workland does not constitute the rights to earth surface soil. (2) The Earth's Hot Summer activities cannot be performed at:
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a. a burial place, a place considered sacred, a public place, a public means and infrastructure, a nature reserve, a cultural reserve, as well as a land belonging to the indigenous people;
b. the field and the defense buildings of the Republic of Indonesia as well as the surrounding land;
c. the historic buildings and symbols of the Republic of Indonesia; d. The building, the residence, or the factory and the land of the grounds
the surrounding area; e. other places that are prohibited from performing the appropriate business activities
with the provisions of the laws.
(3) The provisions as referred to in paragraph (2) may be exercised upon obtaining the permission of the Government SKPD, the community approval and the individual relating to it.
Article 49
(1) In the case of the use of land rights, land of State, or
forest area within the Workspace, the IUP Holder's Enterprise is required to enter into a settlement with the rights holder or land-user on the land of the country. in accordance with the provisions of the laws.
(2) The settlement as referred to in paragraph (1) is performed
the deliberations and mufakat with the means of selling, trading, decent damages, recognition or other forms of replacement to the holder of the rights or of the land-users in the United States. over the country ' s land.
Article 50
The rights to the land are required to allow the IUP Holder's Enterprise to carry out the Earth's Hot Mining Effort on the ground in question if: a. before activities begin, first show IUP or
a valid copy, and notify the intent and location of the activities to be performed;
b. performed in advance of the completion or warranty of a settlement approved by the holder of the land or land user above the land of the State as referred to in Article 49.
Article 51
(1) In the case of the Entity ID The IUP holders have been granted the Workspace, against the areas of the land used directly for the business activities and its security areas, granted the use in accordance with the provisions of the applicable laws and of maintaining and maintaining the applicable laws. maintain the field of the land.
(2) In terms of the granting of the Workspace as referred to paragraph (1)
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covering vast areal above the land of the State, parts of the land that have not been used for business activities may be given to other parties by the minister whose duty and responsibilities include the agrarian field or the land.
The completion of the land of the country's rights and land as referred to in Article 49 is implemented in accordance with the rules of the law. invite-Invitation.
The Second Part of the Environmental Impact Withdrawal
section 53
(1) The management of mandatory living environments is performed by the Holder Business Agency
IUP during the Geothermal management activities of the Earth. (2) Before carrying out the exploitation activities as referred to in
Article 21, the IUP Holder Business Agency is required to make the environmental study in accordance with the provisions of the invitatory regulations.
(3) The implementation of activities as Referred to in paragraph (1) reported
every 6 (six) months to the Governor by SKPD.
CHAPTER IX ON GEOTHERMAL DATA
Section 54
(1) If IUP ends up as referred to in Section 31 to
Article 35 of the IUP Holder Client Entity is required to give up all data obtained from the exploration results and The exploitation of the Governor by SKPD.
(2) The IUP Holder Business Agency is required to submit to the Governor through
SKPD all data obtained from the results of exploration and exploitation in its Work Area if the Workspace is returned as referred to in Section 29 and Section 30.
(3) The governor delivers data obtained from the Licensee's Entity ID
IUP as referred to in paragraph (1) and paragraph (2) to the Minister.
CHAPTER X COACHING, SUPERVISION AND CONTROL
Section 55
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(1) The governor conducts coaching, supervision, and control of the work and execution of the Earth's Hot management.
(2) Coaching, Oversight, and Controlling as contemplated in
paragraph (1) includes: a. exploration; b. exploitation; c. Financial; d. Heat data processing of Earth; e. The conservation of the quarry; f. health and safety work; g. Environment management and Reclamation; h. utilization of goods, services, technology as well as engineering capabilities and
design to build in the country; i. Regional workforce development; j. developing environment and local communities; k. control, development and application of mining technology
Earth Heat; l. other activities in the area of the Earth's Hot Management venture activities
throughout the common interest; m. Heat management of the Earth; and n. the application of the economy and the good will.
(3) The implementation of technical coaching, supervision and control is exercised in accordance with the provisions of the laws.
BAB XI
Appliances INQUIRY
Article 56
(1) PPNS authorities conduct Investigations against the Regulation of this Area in accordance with the provisions of the applicable law-invitation regulations.
(2) The Authority of the PPNS as referred to in paragraph (1) is:
a. receive a report or complaint from a person about a criminal offense;
b. conducted the first act at the time at the scene and performed an inspection;
c. ordered a stop of the suspect and checked the identification tag of the suspect;
d. Do confiscation of objects and or letters; e. take fingerprints and photograph someone; f. call people to be heard and checked as suspects or
witnesses; g. bring the necessary experts in conjunction with
case checks; h. hold a termination of the investigation after receiving instructions from
The Indonesian National Police Investigator Idonesia that there is not enough
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such evidence or event is not a criminal offence and subsequent to the Investigator of the State Police of the Republic of Indonesia has notified it to the General Prosecuting, the suspect, and the family;
i. Hold another action according to the law that is subject to liability.
(3) Investigators as referred to in paragraph (1) notify the start of
the inquiry and deliver its preparation to the Public Prosecutor through Investigator State Police of the Republic of Indonesia, in accordance with the provisions set up in the Criminal Events Law Act.
BAB XII CRIMINAL provisions
Article 57
Any person who violates the provisions of Article 21, is threatened with imprisonment. the longest 6 (six) months or fine the most Rp. 50,000.000.00 (fifty million rupiah).
Article 58
The IUP Holder Business Agency purposefully renounced its Working Territory without completing any of its obligations as referred to in Article 44 of the paragraph (1), threatened with a penultimate confinement of 6 (six) months.
Article 59
The Criminal Code as referred to in Article 57 and Section 58 is a violation.
Article 60
Any person who violates the provisions of Article 16 paragraph (1) is threatened with criminal compliance with the rules of the law. laws in the geothermal field.
Article 61
Any person who interferes or Hinder the activities of the Geothermal Mining Effort of the IUP Holder's Enterprise that the IUP Holder's Enterprise has been impeded in carrying out the activities of the Earth's Hot Mining as referred to in Article 50, threatened by criminal compliance with the United States. The provisions of law in the field of geothermal.
Article 62
The criminal charges as referred to in Article 60 and Section 61 are crimes.
BAB XIII TRANSITION provisions
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Article 63
At the time the Regulation of the Territory came into effect: a. All Power, Earth's thermal enterprise permit for the Dissenters of Power
Electricity or Contractual Entrepreneurial and/or Uap Purchase Contract or Electric Power in the Workspace that has existed before this Regional Regulation is in effect, Stated that it remains in effect until the end of the Power, Permission or Contract is referred to and may be extended by following the provisions of this Regional Regulation;
b. the auction process in the ongoing Workspace before
The County Regulation is in effect, declared to remain in effect until the end of the auction process.
BAB XIV CLOSING provisions
Section 64
The things that have not yet been is set in this Regional Rule along regarding the technical implementation is set up with the Governor's Rule.
Article 65
The rules of this area begin to take effect on the date of the promulgst.
So that everyone knows it, instructest This area's rules are in the province of the Province of the State. Central Java.
Set in Semarang on 21 July 2010 GOVERNOR OF CENTRAL JAVA,
SEEDLING WALUYO was promulred in Semarang on 21 July 2010 SECRETARY OF THE CENTRAL JAVA PROVINCE
HADI PRABOWO
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LEAF REGION OF CENTRAL JAVA ' S 2010 NUMBER 8
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UPPER EXPLANATION
REGULATION OF CENTRAL JAVA PROVINCE
NUMBER 8 IN 2010
ABOUT
GEOTHERMAL MANAGEMENT IN CENTRAL JAVA PROVINCE I. GENERAL
The geothermal resources are hot energy that is Formed
naturally below the Earth's surface, whose heating is primarily intended to adequately supply domestic energy, to reduce the dependence on oil fuels so that it could save the Earth's oil reserves. Geothermal utilization is relatively environmentally friendly and is a source of thermal energy with renewable features because of the continuous process of continuous development during its environmental conditions.
Potential resources. Geothermal in Central Java is pretty much, but
to date it has not been able to be utilized optimally, as one of the energy of the replacement option for oil fuel. Given this potential, the role of the Earth's heat utilization may be further enhanced, in line with the national energy policy, especially in aspects of conservation and diversification of energy. The use of the Earth's thermal resources indirectly for the generation of electric power generation that can be used in the fulfillment of electricity needs and can be used directly to meet the needs of other people as it is for the purpose of the use of electricity. agricultural output, heating of home/hospital in cold areas, as leisure and treatment areas.
With the promulferation of Law No. 27 Year 2003
about the Geothermal juncto Government Regulation Number 59 2007 on the Geothermal Activity and Government Regulation No. 38 of 2007 Regarding the Division of Government Affairs between the Government, Provincial Government and the District/City government, the provincial government has the authority to host the activities of the Earth's Hot Company, which is poured into the Ordinance. Area by basing on: 1. Energy Minister Regulation and Mineral Resources Number 11 Year 2008
on the Tata Cara designation of the Geothermal Mining Workspace. 2. Regulation of the Minister of Energy and Mineral Resources No. 2 of 2009
On The Confirmation Guidelines Of The Geothermal Preliminary Survey; 3. Regulations Minister Of Energy And Mineral Resources Number 11 Of 2009
On The Guidelines Of The Geothermal Effort Of The Earth. 4. Regulation of Minister of Energy and Mineral Resources Number 32 of 2009
on the Price of Supply of Electric Power Purchase By PLN (Persero) of the Geothermal Power Plant of the Earth.
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II. Article by section 1 of section 1 is quite clear. Section 2 is quite clear. Section 3 is quite clear. Section 4 Paragraph (1) The letter of the letter (1) is clear The letter b is pretty clear. The letter c is pretty clear. It's pretty clear. The letter e Exercising the authority of the heat office auction
The Earth is carried out by the Governor. The letter f of the authority of the granting of the Earth's Hot IUP
is exercised by the Governor. It's pretty clear. The letter h is pretty clear. It's pretty obvious. Verse (2) Is quite clear. Section 5 is quite clear. Article 6 Paragraph (1) The primary survey in addition to being done by the Governor can also
by other parties who have been assigned the assignment of the Minister. The paragraph (2) which is in coordination with the minister is
in order not to overlap the location of the preliminary survey. In terms of coordination with the District/City
is as notice will be done the preliminary survey.
Verse (3) It is quite clear. Section 7 is quite clear.
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Article 8 Is Pretty Clear. Section 9 Paragraph (1) Fairly Clearly Paragraph (2) Is Clear Enough Verse (3) Quite Clearly Verse (4) The letter is reasonably clear that the letter c
referred to by the warranty of execution may be in form: 1. a joint account between the business entity with
Local government (escrow account) in accordance with the provisions of the law in finance;
2. On loan, 3. the certificate of a guaranteed credit facility from the institution
finance (underwritten credit facility). Verse (5) Is quite clear. Article 10 is pretty clear. Article 11 is pretty clear. Section 12 is pretty clear. Section 13 is quite clear. Section 14 is quite clear. Section 15 is quite clear Article 16 Verse (1) of the Earth's Hot Mining Activities which is in the cross
district/city is based on the establishment of the work area by the minister.
Verse (2) Is quite clear. Verse (3) Is pretty clear.
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Verse (4) referred to by an affiliate Business Agency is the Entity
that directly controls or has 25% (twenty-five percent) of shares or more that have voting rights in the IUP Holder's Enterprise. Originally.
Verse (5) Pretty clear. Verse (6) Is quite clear. Article 17 is pretty clear. Section 18 is quite clear. Article 19 is pretty clear. Section 20 is quite clear. Section 21 is quite clear. Article 22 Verse (1) Is quite clear. Verse (2) Is quite clear. Verse (3) Is quite clear. Verse (4) Given the Earth's heat company has characteristics
special capital, high technology and the presence of the Earth's heat source in remote areas, then the IUP Holder Business Agency is granted a guarantee to obtain an extension. the time of exploitation if it has met the technical, economical and environmental requirements.
Verse (5) Is quite clear. Section 23 is quite clear. Article 24 Verse (1) Is quite clear. Verse (2) Is quite clear.
Verse (3) Is pretty clear. Verse (4) In question does not reduce the term of IUP is
that temporary termination is not counted as IUP's term.
Verse (5) Pretty clear.
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Verse (6) Pretty clear Verse (7) is quite clear. Section 25 is quite clear. Article 26 It is clear that Article 27 Clause (1) of the Governor may designate another Business Agency by means of
the auction of the Workspace that is submitted by the IUP Holder's Enterprise so that the utilization of the Earth's Hot resources can be implemented optimally.
Verse (2) Is quite clear. Article 28 Verse (1) In question of commercial production in this provision
is a commercially profitable production both for the Region and the Enterprise.
Verse (2) is quite clear. Article 29 Verse (1) This provision is intended to make the Earth's Hot Square
which for the IUP Board of Enterprises is judged to be uneconomical (marginal) can be utilized optimally.
Verse (2) Clearly Verse (3) It is quite clear. Section 30 is quite clear. Article 31 is pretty clear. Section 32 is quite clear. Article 33 is pretty clear. Article 34
Clear enough. Article 35 of the letter is quite clear. The letter b is pretty clear. The letter c is pretty clear.
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The d letter is quite clear. The letter e is pretty clear. The letter f is quite clear.
The letter g referred to by "laws" is
the laws of the Earth's heat. Section 36 is quite clear. Section 37 Verse (1) The letter of a letter is fairly clear. The letter b is pretty clear. The letter c is pretty clear. The letter d Building can be used for public interest,
among other flying fields, hospitals, and roads. The letter e is pretty clear. Verse (2) Is quite clear. Verse (3) Is quite clear. Verse (4) Is quite clear. Article 38 is pretty clear. Article 39 Verse (1)
The letter is fairly clear. The letter b referred to with data and information is data and
information obtained from the activities of the preliminary survey, exploration, and exploitation of its work area.
The letter c is quite clear.
Verse (2) The letter a fairly clear. The letter b is pretty clear. The letter c is pretty clear.
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The d letter is quite clear. The letter e
The IUP time extension is provided to ensure the determination and optimization of the Earth's thermal resources utilization after the Entity ID meets technical, economical, and environmental feasibility.
The article 40 referred to Continuity is the activity in sequence commencing from the stage of exploration, the study of feasibility and exploitation.
Article 41 Is quite clear. Article 42
Which is referred to as "standard standard" is the Indonesian National Standard.
Article 43 of the letter a
referred to as "development wells" is a well drilled at the Earth's Hot Field for the production process. The "reinstatement well" is the well used to re-enter the water/fluid the rest of the production process into the Earth's Hot reservoir system.
the letter b is quite clear. The letter c is pretty clear. It's pretty clear. Article 44 Verse (1) The letter is fairly clear. The letter b is pretty clear. The letter c
referred to in the state's acceptance of the state tax is made up:-tax;-duty and other levies on excise and import;-regional taxes and regional levies.
The state in question is not a tax
is composed of: -state levies of fixed dues and production dues
as well as other state levies in accordance with the provisions of the applicable laws.
-Bonus.
The Fixed Iuran is the dues paid to the State of the Republic of America. Indonesia in return for opportunity
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exploration, feasibility study, and exploitation of the Working Area's statu.
luran Production is the dues paid to the State of the Republic of Indonesia for the results obtained from the Earth's Heat Mining Effort.
The d letter is quite clear. The letter e is pretty clear. The letter f is pretty clear. It's pretty clear. The letter h is pretty clear. Verse (2) Is quite clear. Section 45 is quite clear. Section 46 Is Quite Clear. Article 47 is quite clear. Article 48 Verse (1) Is quite clear. Verse (2) The letter is referred to as "common place, means and
general infrastructure" is the facility provided by the Local Government, for the benefit of the wider community and has social functions, such as roads, markets, burial places, parks, and other means. place of worship.
The letter b is quite clear. The letter c is pretty clear. It's pretty clear. The letter e
Is quite clear. Verse (3) Is quite clear. Section 49 is quite clear. Article 50 is pretty clear.
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Article 51 Verse (1)
Given the rights to the work area does not include the right to the surface of the land, the IUP Holder's Enterprise is not as well as the use of the rights to the fields in the work wilyah. In the event the IUP Holder Business Process will use directly the field of intended land, such rights must be processed in accordance with the provisions of the applicable laws.
Verse (2) is fairly clear. Section 52 is quite clear. Article 53
Clear enough. Article 54 is pretty clear. Article 55
Clear enough. Section 56 is quite clear. Article 57 is quite clear. Article 58
Clear enough. Section 59 is quite clear. Section 60 is quite clear. Article 61, referred to as "disturbing or hinting the Effort
of the Geothermal Mining" is any form of violence or threats of violence that can materially harm.
Article 62 Is sufficient. Clear. Article 63 is quite clear. Section 64
Clear enough. Article 65 is quite clear.
ADDITIONAL SHEET AREA OF CENTRAL JAVA PROVINCE NUMBER 30
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