al environment and social function according to conditions. Local in the entire mining area.
., 28. Community empowerment is an effort to improve society's ability, both individually and collectively, in order to be better at the level of life.
., 29. The Mining Area, which is next called WP, is a region that has a potential mineral and/or coal and is not tied to the governance boundaries of the administration that are part of the national space system.
., 30. The Mining Area, which is then called WUP, is part of the WP that has had data availability, potential, and/or geological information.
., 31. The Mining Effort Area, which is then called WIUP, is the territory given to the IUP holders.
., 32. The People's Mining Area, which is then called WPR, is part of the WP where the people's mining business is done.
., 33. The State Seekers Region, subsequently called WPN, is part of the WP that is reserved for the national strategic importance.
., 34. The next area of the Special Mining Business called WUPK, is a part of the WPN that can be carried out.
., 35. The WUPK Special Mining Effort Area, which is then called WIUPK, is the territory given to the holders of the IUPK.
., 36. The Central Government, which is later called the Government, is the President of the Republic of Indonesia which holds the power of the Government of the Republic of Indonesia as referred to in the Constitution of the Republic of Indonesia in 1945.
., 37. The local government is the governor, regent or mayor, and the area's device as an element of the holding of regional government.
., 38. The Minister is the minister who organizes government affairs in the fields of mineral and coal mining.
a. benefits, justice, and balance;
B. View to the nation's interests;
C. participative, transparency, and accountability;
D. continuous and insightful environment.
In order to support a continuous national development, the purpose of mineral and coal management is:
., a., a. ensuring the effectiveness of performance and control of mining efforts to be useful, successful, and defensively saing;
., b. ensuring the benefits of mineral and coal mining sustainably and environmentally insightful;
., c. ensuring the availability of minerals and coal as raw materials and/or as a source of energy for domestic needs;
., d. supporting and developing national capabilities in order to be more able to compete at national, regional, and international levels;
., e. increasing the revenue of local, local and state communities, as well as creating jobs for the great-great welfare of the people; and
., f. Guaranteed legal certainty in the implementation of mineral and coal mining efforts.
.,, (1) Minerals and coal as the unrenewable natural resources are a national wealth controlled by the state to a great-great welfare of the people.
.,, (2) The destruction of minerals and coal by the state as referred to in paragraph (1) is organized by the Government and/or local government.
.,, (1) For the national interest, the Government after consulting with the People ' s Representative Council of the Republic of Indonesia can set the policy of mineral and/or coal-based emphasis on domestic interests.
.,, (2) The national interest as referred to in paragraph (1) can be done with production control and export.
., (3) In performing bending as referred to in paragraph (2), the Government has the authority to establish the production amount of each commodity per year each province.
.,, (4) the government of the area is required to comply with the provisions of the number specified by the Government as referred to in paragraph (3).
.,, (5) Further provisions of mineral and/or coal ordination for domestic purposes as referred to in paragraph (1) and production control and export as referred to in paragraph (2) and paragraph (3) are governed by the rules the government.
.,, (1) The authority of the Government in the management of mineral and coal mining, among other things, is:
., a., a. national policy designation;
B. creation of the laws of law;
c. designation of national standards, guidelines, and criteria;
D. the designation of the national mineral and coal mining licensing system;
., e. WP designation is conducted after coordinating with local governments and consulting with the People's Representative Council of the Republic of Indonesia;
., f. granting IUP, coaching, settlement of community conflicts, and supervision of mining efforts that are on the cross of provincial and/or marine regions more than 12 (twelve) miles from the shoreline;
., g. granting IUP, coaching, community conflict resolution, and monitoring of mining ventures whose construction site is on the cross region of the province and/or the marine region more than 12 (twelve) miles from the shoreline;
., h. granting IUP, coaching, resolving community conflicts, and supervision of production operations mining efforts that impact the direct cross-province and/or in marine areas more than 12 (twelve) miles from the shoreline;
i. granting IUPK Exploration and IUPK Production Operations;
., j. Evaluation of IUP Production Operations, issued by local government, which has caused environmental damage as well as those who do not implement good mining rules;
No, production policy, marketing, utilization, and conservation policies;
I. the assignment of community cooperation, partnership, and empowerment;
., m. The formulation and assignment of state acceptance is not a tax of the mineral and coal mining efforts;
., n. coaching and supervision of the holding of mineral and coal mining management implemented by local governments;
., o. coaching and supervising the drafting of regional regulations in the mining field;
., p. Inventory, investigation, and research and exploration in order to acquire data and mineral and coal information as the drafting materials of WUP and WPN;
., q. the management of geological information, information of the potential re based in the territory of the Republic of Indonesia.
., 24. The Mining Service is a support service associated with mining business activities.
., 25. Analysis Regarding the Impact of the Environment, which is subsequently called amdal, is the study of the major and important impacts of efforts and/or activities planned on the life environment required for the decision making process. The organization's business and/or activities.
., 26. Reclamation is the activities undertaken along the stages of the mining business to organize, restore, and improve the quality of the environment and the ecosystem to be able to refunction as per the following.
., 27. Post-threshold activity, which is then called pascatverge, is a planned, systematic, and continued activity after the end of some or all of the mining business activities to restore the functioning of the natur />
e. population density level.
Section 19
The further provisions of WIUP's definition of boundary and broad terms as referred to in Article 17 are governed by government regulations.
The Third Part
The People ' s Mining Region
Section 20
The people ' s mining activities are executed in a WPR.
Section 21
The WPR as referred to in Article 20 is set by the regent/mayor after consulting with the county/city Regional People's Representative Council.
Section 22
The criteria for setting the WPR are as follows:
., a., a. have secondary mineral reserves present in the river and/or between the edges and banks of the river;
., b. have a primary backup of metal or coal with a maximum depth of 25 (twenty-five) meters;
c. terraces of terraces, floodplains, and ancient river deposits;
., d. the maximum extent of the people ' s mining area is 25 (twenty-five) hectares;
e. mention of the type of commodity to be mined; and/or
., f. is a region or place of a people's mine activities that are at least 15 (15) years old.
Section 23
In establishing the WPR as referred to in Article 21, the regent/mayor is obligated to make an announcement regarding the WPR plan to the public openly.
Section 24
The territory or place of the people ' s mine activities is already being worked out but has not been established as WPR is prioritised to be set as WPR.
Section 25
Further provisions on the guidelines, procedures, and assignments of WPR as referred to in Article 21 and Section 23 are governed by government regulations.
Section 26
Further provisions on the criteria and mechanisms of the WPR designation, as referred to in Article 22 and Section 23 are governed by the county/city area regulations.
The Fourth Part
Country ' s Enlightenment region
Section 27
.,, (1) For the national strategic interest, the Government with the approval of the People ' s Representative Council of the Republic of Indonesia and with regard to regional aspirations establishes the WPN as a reserved area for certain commodities and conservation areas in order to maintain the balance of ecosystems and the environment.
., (2) The WPN specified for a particular commodity as referred to in paragraph (1) may be ushered in part of its territory with the approval of the People's Representative Council of the Republic of Indonesia.
.,, (3) the WPN specified for conservation as referred to in paragraph (1) is determined limit of time with the approval of the People's Representative Council of the Republic of Indonesia.
., (4) The territory which shall be carried out as referred to in paragraph (2) and verse (3) is changed its status to WUPK.
Section 28
Changes to the status of the WPN as referred to in Article 27 of the paragraph (2), paragraph (3), and paragraph (4) to WUPK can be done by considering:
a. the fulfillment of the industrial and internal energy materials;
B. source of state devisa;
c. The condition of the region is based on the limitations of the means and the infrastructure;
D. potentially to be developed as an economic growth center;
e. supporting the environment; and/or
f. the use of high technology and large investment capital.
Section 29
.,, (1) WUPK as referred to in Article 27 paragraph (4) that will be ushered in is set by the Government after coordinating with local government.
.,, (2) The implementation of the activities of mining efforts at WUPK as referred to in paragraph (1) is carried out in the form of IUPK.
Section 30
One WUPK consists of 1 (one) or some WIUPK in the province's cross, county/city traffic, and/or in 1 (one) county/city territory.
Section 31
The extent and limits of the metal and coal mineral WIUPK are set by the Government coordinating with local governments based on the criteria and information owned by the Government.
Section 32
The criteria for setting 1 (one) or some WIUPK in 1 (one) WUPK are as follows:
a. geo-location;
B. conservation rules;
c. Support the environment protection;
D. optimise the mineral resources and/or coal; and
e. population density level.
Section 33
Further provisions on the extent of the definition and the WIUPK boundary as referred to in Article 31 and Section 32 are governed by government regulations.
BAB VI
MINING EFFORTS
Section 34
(1) The mining effort is grouped over:
., a., a. mineral mining; and
B. Coal mining.
.,, (2) The mineral mining as referred to in paragraph (1) the letter a is classed over:
., a., a. radioactive mineral mining;
B. metal mineral mining;
c. Mineral mining instead of metal; and
D. Rock mining.
.,, (3) Further provisions on the designation of a mining commodity into a mineral mining group as referred to in paragraph (2) are governed by government regulations.
Section 35
Mining efforts as referred to in Article 34 are executed in the form:
a. IUP;
B. IPR; and
C. IUPK.
BAB VII
MINING BUSINESS PERMIT
The Kesatu section
Common
Section 36
(1) IUP consists of two stages:
.,
., a., a. IUP Exploration covers general inquiry activities, explorations, and feasibility studies;
., b. IUP Production operations include construction activities, mining, processing and refining, as well as transport and sales.
.,, (2) The IUP holders of Exploration and IUP holders of Production Operations may do some or all activities as referred to in paragraph (1).
Section 37
IUP is given by:
a. bupati/mayor if WIUP is in a single county/cota;
., b. The governor, if WIUP is on the district of the county/city in 1 (one) province after obtaining the recommendation of the local regent/mayor in accordance with the provisions of the laws of the laws; and
., c. Minister if WIUP is on the cross of the province after obtaining recommendations from the local governor and regent/mayor in accordance with the provisions of the laws.
Section 38
IUP is given to:
a. county/city territory.
Section 17
The extent and limits of the metal and coal mineral WIUP are set by the Government coordinating with local governments based on criteria owned by the Government.
Section 18
The criteria for setting 1 (one) or some WIUP in 1 (one) WUP are as follows:
a. geo-location;
B. conservation rules;
c. Support the environment protection;
D. optimise the mineral resources and/or coal; and
Section 51
WIUP the metal minerals are given to the enterprise, cooperative, and individual bodies by way of auction.
Section 52
.,, (1) The IUP holders of metal mineral exploration are given WIUP with an area of at least 5,000 (five thousand) hectares and at most 100,000 (hundred thousand) hectares.
.,, (2) In the region that IUP has given the exploration of the mineral metals can be given IUP to others to attempt another mineral that is able to be different.
.,, (3) the granting of IUP as referred to in paragraph (2) is done after considering the opinions of the first IUP holders.
Section 53
IUP holders of metal mineral production operations are given WIUP with an area of at most 25,000 (twenty-five thousand) hectares.
Paragraph 3
Mineral Mining Is Not Metal
Section 54
WIUP the mineral is not a metal given to a body of enterprise, cooperatives, and individuals by invocation of the region to the licensor as referred to in Article 37.
Section 55
.,, (1) The IUP holders of mineral exploration are not metals given WIUP with an area of at least 500 hectares (five hundred) hectares and at most 25,000 (twenty-five thousand) hectares.
.,, (2) On the region that has been given the IUP exploration of minerals instead of metal can be given IUP to other parties to attempt another mineral that its entangation is different.
.,, (3) the granting of IUP as referred to in paragraph (2) is done after considering the opinions of the first IUP holders.
Section 56
The IUP holders of mineral production of non-metals are given WIUP with an area of at least 5,000 (five thousand) hectares.
Paragraph 4
Rock Mining
Section 57
WIUP rocks are given to the business entity, cooperatives, and individuals by way of application of the region to the permissions as referred to in Article 37.
Section 58.
.,, (1) The IUP holders of rock exploration are given WIUP with a vast area of at least 5 (five) hectares and at most 5,000 (five thousand) hectares.
.,, (2) On the region that IUP exploration rocks can be given IUP to other parties to attempt another mineral that is able to be different.
.,, (3) the granting of IUP as referred to in paragraph (2) is done after considering the opinions of the first IUP holders.
Section 59
The IUP holders of rock production operations are given WIUP with the most extensive l. 000 (thousand) hectares.
The Fifth Part
Coal Mining
Section 60
WIUP coal is given to the enterprise, cooperative, and individual bodies by way of auction.
Section 61
.,, (1) The IUP holders of Coal Exploration are given WIUP with an area of at least 5,000 (five thousand) hectares and at most 50,000 (fifty-thousand) hectares.
.,, (2) On the territory that IUP has given the exploration of coal can be given IUP to other parties to attempt another mineral that is able to be different.
.,, (3) the granting of IUP as referred to in paragraph (2) is done after considering the opinions of the first IUP holders.
Section 62.
IUP holders of coal Production Operations are given WIUP with an area of most 15,000 (fifteen thousand) hectares.
Section 63
Further provisions on how to acquire WIUP as referred to in Article 51, Section 54, Section 57, and Section 60 are governed by government regulations.
BAB VIII
MINING BUSINESS LICENSING REQUIREMENTS
Section 64
The government and local government in accordance with its authority are obliged to announce plans for mining business activities at WIUP as referred to in Article 16 as well as providing IUP Exploration and IUP of Production Operations as referred to in Article 36 to the public is openly.
Section 65
., (1) the business entity, co-operative, and persons as referred to in Section 51, Section 54, Section 57, and Section 60 of the mining efforts are required to meet administrative requirements, technical requirements, environmental requirements, and requirements. Financial.
., (2) Further provisions concerning administrative requirements, technical requirements, environmental requirements, and financial requirements as referred to in paragraph (1) are governed by government regulations.
BAB IX
THE PEOPLE ' S MINING PERMIT
Section 66
The people ' s mining activities as referred to in Article 20 are grouped as follows:
a. metal mineral mining;
B. mineral mining is not metal;
c. rock mining; and/or
D. coal mining.
Section 67
.,, (1) The regent/mayor grants IPR primarily to the local population, both individual and community groups and/or cooperatives.
.,, (2) The Regent/mayor may bestow the authorization of the IPR grant as referred to in paragraph (1) to the seagull in accordance with the provisions of the laws.
.,, (3) To obtain IPR as referred to in paragraph (1), the applicant is required to submit a letter of the plea to the regent/mayor.
Section 68
(1) The region is wide for 1 (one) IPR that can be provided to:
., a., a. Most individuals 1 (one) hectare;
B. the community group of the most 5 (five) hectares; and/or
c. cooperatives at most 10 (ten) hectares.
.,, (2) IPR is given for the most prolonged period of 5 (five) years and can be extended.
Section 69
IPR holders have the right:
., a., a. receive coaching and supervision in the areas of safety and health of work, environment, technical mining, and management of the Government and/or local governments; and
., b. Getting a new version of this file is not available.
Section 70
IPR holder is mandatory:
., a., a. conduct the slowest mining activities 3 (three) months after the IPR is published;
., b. comply with the laws in the fields of safety and health of mining, environmental management, and meeting applicable standards;
c. manage a living environment alongside the local government;
D. pay for fixed dues and production dues; and
., e. Deliver reports of the activities of the people's mining activities periodically to the IPR provider.
Section 71
< the Exploration IUP of Exploration as referred to in Article 42 and IUP of Production Operations as referred to in Article 46 are governed by government regulations.
The Fourth Part
Mineral Mining
Paragraph 1
The Radioactive Mineral Mining
Section 50
WUP radioactive minerals are set by the Government and its efforts are carried out in accordance with the provisions of the laws.
Paragraph 2
Metal Mine v>
., b. vast 1 (one) WIUPK for the stage of the metal mining production operation of the production of metals provided with a vast area of at least 25,000 (twenty-five thousand) hectares.
.,, c. wide 1 (one) WIUPK for the stage of coal mining exploration activities is provided with a vast area of at most 50,000 (fifty thousand) hectares.
., d. vast 1 (one) WIUPK for the stage of operating activities of coal mining production provided with an area of at most 15,000 (fifteen thousand) hectares.
., e. The timing of the IUPK Exploration of metal minerals can be given the longest 8 (eight) years.
., f. The timing of the IUPK exploration of coal mining can be given the longest 7 (seven) years.
., g. The timing of the IUPK Operation production of metal or coal minerals can be given at most 20 years and can be extended by two (two) times each 10 (ten) years.
Section 84
Further provisions on how to acquire WIUPK as referred to in Section 74 of the paragraph (2) and paragraph (3), and Article 75 of the paragraph (3) are governed by government regulations.
BAB XI
SPECIAL MINING BUSINESS LICENSING REQUIREMENTS
Section 85
The government is obligated to announce plans for mining efforts at WIUPK as referred to in Article 30 as well as providing IUPK Exploration and IUPK Production Operations as referred to in Article 76 to the public openly.
Section 86
.,, (1) The business entity as referred to in Article 75 paragraph (2) that performs activities in WIUPK is required to meet administrative requirements, technical requirements, environmental requirements and financial requirements.
., (2) Further provisions concerning administrative requirements, technical requirements, environmental requirements, and financial requirements as referred to in paragraph (1) are governed by government regulations.
BAB XII
MINING DATA
Section 87
In order to support the preparation of the WP and the development of science and mining technology, the Minister or governor in accordance with his authority may exchange state and/or regional research institutes to conduct investigations and research on mining.
Section 88
.,, (1) The data obtained from mining business activities is the proprietary data of the Government and/or the local government according to its authority.
.,, (2) The mining business data that the local government has to do is delivered to the Government for the management of national level mining data.
.,, (3) the management of the data as referred to in paragraph (1) is hosted by the Government and/or local government in accordance with its authority.
Section 89
Further provisions on the manner of the assignment of inquiry and research as referred to in Article 87 and the management of the data as referred to in Article 88 are governed by government regulations.
BAB XIII
RIGHTS AND OBLIGATIONS
The Kesatu section
The right
Section 90
IUP and IUPK holders can do some or all stages of mining efforts, both exploration activities and production operation activities.
Section 91
The IUP and IUPK holders can utilize the infrastructure and the common means for mining purposes after meeting the provisions of the laws.
Section 92.
The holders of the IUP and IUPK have the right to have minerals, including their mineral, or coal, which have been produced if they have met the exploration or production of production, unless the mineral is radioactive.
Section 93
.,, (1) IUP Holder and IUPK should not move IUP and IUP to other parties.
.,, (2) For the transfer of ownership and/or shares in the Indonesian stock exchange can only be done after conducting certain stage exploration activities.
.,, (3) Concourse of ownership and/or shares as referred to in paragraph (2) can only be done on condition:
.,
., a., a. must notify the Minister, the governor, or the regent/mayor according to his authority; and
B. As long as it doesn't contradictory legislation.
Section 94
The IUP and IUPK holders are guaranteed their right to conduct mining efforts in accordance with the provisions of the laws.
The Second Part
The obligation
Section 95
IUP holders and IUPK are mandatory:
a. implement a good mining engineering rule;
B. administer finance in accordance with the Indonesian accounting system;
c. increase the value of added mineral and/or coal resources;
D. carrying out the local community development and empowerment; and
e. comply with the environment support power tolerance limit.
Section 96.
In the application of good mining techniques, the IUP holders and IUPK are obliged to implement:
a. the safety and health provisions of the mining work;
B. safety of mining operations;
., c. the management and monitoring of the mining environment, including reclamation activities and pascaters;
D. the conservation efforts of mineral and coal resources;
., e. the management of the remainder of the mine from a mining venture in solid, liquid, or gas-like activities until it meets the standard standard of environmental quality before being released into the environmental media.
Section 97
The IUP and IUPK holders are required to guarantee the standard application and quality of the environment according to the characteristics of an area.
Section 98
The IUP and IUPK holders are obliged to maintain the function and support of the water resources in question in accordance with the provisions of the laws.
Section 99
.,, (1) Every IUP and IUPK holder is obliged to submit a reclamation plan and a pascatverge plan on when applying for IUP Operations Production or IUPK Production Operations.
.,, (2) The implementation of reclamation and pascatverge activities is carried out according to pascatverge land perforations.
.,, (3) The title of a pascatverge field as referred to in paragraph (2) is included in the land use agreement between the IUP holders or IUPK and the rights holders of the land.
Section 100
.,, (1) IUP Holder and IUPK are required to provide reclamation funds and pascatverge assurance funds.
., (2) the Minister, the governor, or the regent/mayor in accordance with his authority may assign a thihe Minister.
Section 82
The excavated minerals or coal as referred to in Article 81 are subject to production dues.
Section 83
The broad requirements of the region and the timeframe in accordance with the mining business group applicable to the IUPK holders include:
., a., a. vast 1 (one) WIUPK for the stage of exploration activities of metal minerals are provided with a vast area of at most 100,000 (hundred thousand) hectares.
., (3) The provisions as referred to in paragraph (2) apply if the holders of the IUP or IUPK do not perform reclamation and pascatverge according to the agreed plan.
Section 101.
Further provisions on reclamation and pascatverge as referred to in Article 99 as well as reclamation funds and post-threshold guarantee funds as referred to in Article 100 are governed by government regulations.
Section 102
The holders of the IUP and IUPK are required to increase the value of added mineral and/or coal resources in the implementation of mining, processing and refining, as well as mineral and coal utilization.
Section 103
.,, (1) IUP Holder and IUPK Production operations are required to perform the processing and refining of mining results within the country.
., (2) The IUP and IUPK holders as referred to in verse (1) can process and puriate the mining results from IUP holders and other IUPK holders.
.,, (3) Further provisions of the increase in added value as referred to in Section 102 as well as processing and purification as referred to in paragraph (2) are governed by government regulations.
Section 104
.,, (1) For processing and refining, the IUP holders of Production Operations and IUPK Production Operations as referred to in Article 103 may perform cooperation with the business entity, the cooperative, or the individual who has gained IUP or IUPK.
.,, (2) The IUP obtained by the business entity as referred to in paragraph (1) is the IUP of Special Production Operations for the processing and purification issued by the Minister, the governor, the regent/mayor according to its authority.
., (3) The IUP and IUPK holders as referred to in verse (1) are prohibited from processing and refining from mining results that do not have IUP, IPR, or IUPK.
Section 105
.,, (1) The unmoving business agency on mining ventures that intends to sell the mineral and/or digger coal is obliged to first have IUP Production Operations for sale.
.,, (2) IUP as referred to in paragraph (1) may only be given for 1 (one) times the sale by the Minister, the governor, or the regent/mayor in accordance with its authority.
under the terms of the laws.
., (2) The Liability of the IUP holders or IUPK as referred to in paragraph (1) is considered to have been met after having received the consent of the Minister, the governor, or the regent/mayor in accordance with his authority.
Section 122
., (1) IUP or IUPK that has been returned, revoked, or expires as referred to in Article 121 returned to the Minister, the governor, or the regent/mayor in accordance with its authority.
.,, (2) WIUP or WIUPK its IUPIT or its IUP ends as referred to in paragraph (1) is offered to the business entity, co-operative, or individual through the mechanism in accordance with the provisions in this Act.
Section 123
If the IUP or IUPK ends, the IUP or IUPK holders are required to give up all the data obtained from the results of exploration and production operations to the Minister, the governor, or the regent/mayor in accordance with its authority.
BAB XVI
The Mining Service Efcity
Section 124
.,, (1) IUP holders or IUPK are required to use local and/or national mining services companies.
.,, (2) In terms of no mining services company as referred to in verse (1), the IUP or IUPK holders can use other mining services companies that are Indonesian legal entities.
(3) The type of mining services business includes:
., a., a. consultation, planning, execution, and testing of equipment in the field:
.,, 1) a general inquiry;
2) exploration;
3) feasibility study;
4) mining construction;
5) transport;
6) mining environment;
7) pascatverge and reclamation; and/or
8) safety and work health.
B. consulting, planning, and testing of equipment in the field:
.,, 1) mining; or
2) processing and refining.
Section 125
.,, (1) In terms of the IUP or IUPK holders using mining services, the responsibility of mining business activities remains charged to either IUP holders or IUPK holders.
.,, (2) The undertaking of a mining service may be a body of enterprise, co-operative, or individual according to the classification and qualifications that the Minister has set forth.
.,, (3) Mining services are mandatory to maintain local contractors and labor.
Section 126
., (1) IUP or IUPK holders are prohibited from involving subsidiaries and/or its affiliates in the field of mining services in the area of mining ventures that are carried out, except with the Minister's permission.
.,, (2) the granting of the Minister ' s permission as referred to paragraph (1) is done if:
.,
., a., a. no similar mining services company in the region; or
B. There's no mining company that's minefully capable.
Section 127
The foregoing provisions of the mining services process as referred to in Article 124, Section 125, and Article 126 are governed by ministerial regulations.
BAB XVII
STATE AND REGIONAL REVENUE
Section 128
.,, (1) IUP holders or IUPK are required to pay state income and area income.
.,, (2) The state revenue as referred to in paragraph (1) consists of tax revenue and state acceptance not in taxes.
(3) The tax acceptance as referred to in paragraph (2) consists of:
.,
., a., a. taxes that are the Government ' s authority in accordance with the provisions of the laws in the taxation field; and
B. Customs and customs.
.,, (4) The acceptance of the country instead of the tax as referred to in paragraph (2) consists of:
., a., a. iuran stays;
B. exploration dues;
c. uran production; and
D. Compensation for information.
(5) The area revenue as referred to in paragraph (1) consists of:
., a., a. region tax;
B. region retribution; and
.,, c. Other income authorized under the provisions of the laws.
Section 129
.,, (1) The IUPK Production Operations holder for mineral mining of metals and coal is required to pay by 4% (four percent) to the Government and 6% (six percent) to the local government from net profit since production.
.,, (2) The section of the local government as referred to in paragraph (1) is governed as follows:
., a., a. Provincial governments got a share of 1% (one percent);
., b. The county/city government got a share of 2.5% (two five percent commas); and
.,, c. other county/city governments in the same province got a share of 2.5% (two five percent commas).
Section 130
.,, (1) the IUP or IUPK Licensee is not subject to the production as referred to in Section 128 of the paragraph (4) of the letter c and the region's taxes and the section levy as referred to in Section 128 of the paragraph (5) of the ground/rock that is didised at the time The mines
., (2) The IUP or IUPK holders are subject to the production as referred to in Article 128 of the letter c for the use of the soil/rock that is diggled at the time of the mining.
Section 131
The magnitude of the tax and state acceptance is not the tax levied from the IUP holders, IPR, or IUPK is set under the provisions of the laws.
Section 132.
.,, (1) The production of production dues is set on the basis of the company's enterprise, production, and commodity prices.
.,, (2) The equivalent rate of production dues as referred to in paragraph (1) is specified under the provisions of the laws.
Section 133
.,, (1) The acceptance of the country is not a tax as referred to in Article 128 of the paragraph (4) constitutes the income of the state and the regions whose parts are specified under the provisions of the laws.
.,, (2) The admission of the state is not a tax that is a part of the area being paid directly to the area coffers every 3 (three) months after being tuned into the state coffers.
BAB XVIII
LAND USE FOR MINING BUSINESS ACTIVITIES
Section 134.
.,, (1) The rights to WIUP, WPR, or WIUPK do not constitute the rights to the earth ' s surface soil.
.,, (2) Mining venture activities cannot be implemented on premises that are prohibited from conducting mining business activities in accordance with the provisions of the laws.
.,, (3) the mining business activities as referred to in paragraph (2) may be exercised upon receiving the permission of the Government instance in accordance with the provisions of the laws.
Section 120
In terms of the term specified in the IUP and IUPK have expired and have not submitted an upgrade request or extension of the activity stage or application submission but do not meet the requirements, IUP and IUPK are terminated.
Section 121
., (1) the IUP or IUPK Warranties or its IUP terminates for the reasons as referred to in Section 117, Section 118, Section 119, and Section 120 shall comply with the obligationstext-align: center;">
Section 135
The holder of IUP Exploration or IUPK Exploration can only carry out its activities after it gets approval from the rights holder to the ground.
Section 136
.,, (1) IUP or IUPK holders before performing the production operation activities are required to complete the rights to the land with the rights holders in accordance with the provisions of the laws.
.,, (2) The completion of the rights to the land as referred to in verse (1) can be d necessary expert power assistance in conjunction with vetting of criminal acts in mining business activities; and/or
., h. To stop the investigation of criminal conduct in mining activities.
Section 150
.,, (1) Investigators of civil servants as referred to in Article 149 can arrest perpetrators of felon in the activities of mining ventures.
(2) Civil civil servants as referred to in verse (1) notify the start of the investigation and submit the results of the inquiry to the state police officials of the Republic of Indonesia in accordance with the provisions of the laws.
(3) Civil civil servants as referred to in verse (1) are required to stop his investigation in case there is not enough evidence and/or peristible is not a criminal offence.
.,, (4) the execution of the authority as referred to in paragraph (2) and paragraph (3) is performed in accordance with the provisions of the laws.
BAB XXII
ADMINISTRATIVE SANCTION
Section 151
.,, (1) the Minister, governor, or regent/mayor in accordance with its authority is entitled to provide administrative sanction to the holders of the IUP, IPR or IUPK over a breach of the provisions as referred to in Article 40 paragraph (3), Article 40 paragraph (5), Section 41, Article 43, Section 70, Section 71 of the paragraph (1), Section 74 paragraph (4), Section 74 paragraph (6), Article 81 paragraph (1), Section 93, paragraph 1, Section 95, Section 96, Section 97, Section 99, Article 100, Article 103, Article 103, Section 105 of the paragraph (3), Section 105 of the paragraph (4), Section 5, Section 5, Section 5, Section 5, Section 5, Section 5, Section 5, Section 10, Section 10, Section 10, Section 10, Section 10, Section 1 108 verses (1), Article 110, Section 111 of the paragraph (1), Section 112 of the paragraph (1), Section 114 of the paragraph (2), Section 115 of the paragraph (2), Article 125 verse (3), Article 126 paragraph (1), Article 128 of the paragraph (1), Section 129 of the paragraph (1), or Article 130 of the paragraph (2).
(2) administrative sanction as referred to in paragraph (1) shall be:
., a., a. written warning;
., b. a temporary termination of some or all of the exploration activities or production operations; and/or
c. revocation of IUP, IPR, or IUPK.
Section 152
In the case of the local government not carrying out the provisions as referred to in Article 151 and the evaluation results conducted by the Minister as referred to in Article 6 of the paragraph (1) the letter j, the Minister may cease temporarily and/or revoke IUP or IPR in accordance with the provisions of the laws.
Section 153
In the event the local government objected to the temporary termination and/or the revocation of IUP and IPR by the Minister as referred to in Article 152, the local government may submit objections in accordance with regulatory provisions. The laws.
Section 154
Any disputes that arise in the implementation of IUP, IPR, or IUPK are resolved through courts and internal arbitration in accordance with the provisions of the laws.
Section 155.
Any legal consequence arising out of temporary discontinuation and/or revocation of IUP, IPR or IUPK as referred to in Article 151 of paragraph (2) letter b and letter c is resolved in accordance with the provisions of the laws.
Section 156
Further provisions on the administrative sanction manner as referred to in Article 151 and Section 152 are governed by government regulations.
Section 157
The local government that does not comply with the provisions referred to in Article 5 of the paragraph (4) is subject to administrative sanctions of a temporary withdrawal while the authority over the management of the mineral and coal mining efforts.
BAB XXIII
CRIMINAL PROVISIONS
Article 158.
Any person who does a mining effort without IUP, IPR or IUPK as referred to in Article 37, Article 40 paragraph (3), Article 48, Article 67 of the paragraph (1), Article 74 of the paragraph (1) or verse (5) is convicted of a prison criminal of at least 10 (ten) years and The most fines are Rp10,000.000.00 (ten billion rupiah).
Section 159.
The IUP, IPR or IUPK holder who intentionally delivers the report as referred to in Article 43 of the paragraph (1), Section 70 of the letter e, Section 81 of the paragraph (1), Section 105 of the paragraph (4), Section 110, or Article 111 of the paragraph (1) with the untrue or conveyation The false description is criminalised with a prison sentence of 10 (ten) years and the most fines of Rp10,000.000.00 (ten billion rupiah).
Section 160
.,, (1) Any person who does an exploratory without having an IUP or IUPK as referred to in Article 37 or Article 74 of the paragraph (1) is criminalised with a penultimate criminal confinement 1 (one) year or the most fines of Rp200.000.00 (two hundred million rupiah).
.,, (2) Any person who has an IUP Exploration but conducts production operations is criminalised with a prison criminal of at least 5 (five) years and a fine of the most Rp10,000.000.00 (ten billion rupiah).
Section 161.
Any person or holder of IUP Operations Production or IUPK Production operation that holds, utilised, processing and purifying, transporting, sale of minerals and coal that is not of IUP holders, IUPK, or permission as intended In Section 37, Section 40 (2), Section 43 of the paragraph (2), Article 74, paragraph (1), Article 74 of the paragraph (1), Article 81 of the paragraph (2), Article 103 of the paragraph (2), Article 104 of the paragraph (3), or Article 105 of the paragraph (1) is convicted of a prison criminal for at least 10 (ten) years and The most fines are Rp10,000.000.00 (ten billion rupiah).
Section 162.
Any person who interferes or interferes with the mining business activities of the IUP or IUPK holders who have fulfilled the terms as referred to in Article 136 of the paragraph (2) is convicted of penal confinement at least 1 (one) year or fine Most Rp100.000.00 (one hundred million rupiah).
Section 163
., (1) In the event of a criminal offence as referred to in this chapter by a body of law, in addition to a prison criminal and a fine of its decomposition, a criminal that can be dropped against the body of the law is a criminal fine with the incision plus 1/3 (one per three) times from the maximum provisions of criminal fines are dropped.
.,, (2) In addition to the criminal fines as referred to in paragraph (1), the legal entity may be subject to additional criminal charges:
., a., a. effort revocation; and/or
B. Repeal of the legal entity.
., d. searching the premises and/or the means for allegedly being used to commit felon in the mining business activities;
., e. conduct a means and infrastructure inspection and stop the use of the equipment allegedly used to commit a criminal offence;
., f. sealing and/or confiscating a mining business activity tool used to commit a felony as a proof tool;
., g. Bring in and/or request v>
Section 164
In addition to the provisions as referred to in Article 158, Article 159, Section 160, Section 161, Section 161 and Article 162 to the perpetrators of the criminal offence may be subject to additional criminal charges:
a. the perversion of the goods used in committing a criminal offence;
B. the benefit of the benefits obtained from the criminal offence; and/or
c. liability pay the costs incurred as a result of the criminal offence.
Section 165
Any person who issued IUP, IPR or IUPK in opposition to this Act and misuse of its authority is given the longest penal sanction 2 (two) years in prison and the most fines of the Rp200.000.00 (two hundred million rupiah).
BAB XXIV
OTHER LAIN-CONDITIONS
Section 166
Any issues arising against the implementation of IUP, IPR, or IUPK relating to the environmental impact are resolved in accordance with the provisions of the laws.
Section 167
WP is managed by the Minister in a nationally integrated WP information system to conduct uniformity on coordinate systems and ground maps in the publishing of WUP, WIUP, WPR, WPN, WUPK, and WIUPK.
Section 168
To increase investment in the mining field, the Government may provide leniation and taxation facilities in accordance with the provisions of the laws unless otherwise specified in the IUP or IUPK.
BAB XXV
THE TRANSITION PROVISION
Section 169
At the time the Act came into force:
., a., a. Contracts for the work and agreements of the existing coal mining company prior to the enactment of this Act remain in effect until the expiration of the contract/agreement.
., b. The provisions set forth in the contract section of the works and agreements by the coal mining company, as referred to in a customized letter at least 1 (one) year since the Act is promulred except for acceptance of the terms of this Act. country.
., c. The exception of state acceptance as referred to in letter b is the increased acceptance of the state's acceptance.
Section 170
The holder of the contract of the work as referred to in the already-produced Section 169 is required to be purifying as referred to in Article 103 of the paragraph (1) at least 5 (five) years since the Act is promulred.
Section 171
.,, (1) Licensee's contract of works and agreements by coal mining companies as referred to in Section 169 that have performed the stage of exploration activities, feasibility studies, construction, or production operations at least 1 year since the effective date of this Act must address the plan of activities on all areas of the contract/agreement until the expiration of the contract/agreement to obtain the government's approval.
., (2) In terms of the provisions as referred to in paragraph (1) are not met, the area of the mining area which has been given to the holder of the contract of work and the agreement by the coal mining company is adjusted to this Act.
Section 172.
Application of a contract of works and agreements by the coal mining company that has been submitted to the Minister the slowest 1 (one) year before the enactment of this Act and already obtain a principle approval letter or a permit letter The preliminary investigation remains respected and can be processed its warranty without going through an auction based on this Act.
BAB XXVI
CLOSING PROVISIONS
Section 173.
.,, (1) At the time of this Act came into force, the Law Number 11 of 1967 on the Conditions of the Mining Staple (Sheet Of State Of The Republic Of Indonesia In 1967 Number 22, Additional Leaf Of State Republic Of Indonesia Number 2831) Revoked and declared not applicable.
.,, (2) At the time of this Act came into force, all of the Laws of the Law of the Law No. 11 of 1967 on the Provisions Of The Indonesian Republic Of China Mining (the Constitution Of The Republic Of Indonesia) 1967 Number 22, the addition of State of the Republic of Indonesia No. 2831) is declared to remain in effect as long as it does not conflict with the provisions of this Act.
Section 174.
The regulation of implementation of this Act should have been established within 1 (one) year since the Act is promulred.
Section 175
This Act goes into effect on the promulgable date.
In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
.,, Dislocated in Jakarta
on January 12, 2009
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on January 12, 2009
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ANDI MATTALATTA
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