Act No. 4 Of 2009

Original Language Title: Undang-Undang Nomor 4 Tahun 2009

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4e43d4d88080c5313231323535.html

kc! Mining. Minerals. Coal. ACT 4-2009 Text copy _?.
Back COUNTRY SHEET REPUBLIC of INDONESIA No. 4, 2009 (Additional explanation in the State Gazette of the Republic of Indonesia Number 4959) legislation of the REPUBLIC of INDONESIA number 4 of 2009 ABOUT MINERAL and COAL MINING with the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA,.,, Considering: a. that the mineral and coal mining law contained in the region of Indonesia is not a renewable natural resources as a gift of God Almighty which has an important role in fulfilling the intention of living people Therefore, the operations must be controlled by the State to provide added value for real for the national economy in an effort to achieve prosperity and well-being of the people in justice;
.,, b. that the business activities of the mining of minerals and coal mining business activities is outside the Earth's heat, oil and gas as well as ground water has an important role in providing value added significantly to the growth of the national economy and regional development in a sustainable way;
.,, c. that taking into account national and international developments, law number 11 of 1967 concerning the provisions of principal Mining is no longer needed so that appropriate changes to legislation in the field of mineral and coal mining that can manage and initiate the potential mineral and coal independently, reliably, transparent, efficient and competitive, powerful and insightful environment, in order to ensure sustainable national development;
.,, d. that based on considerations as referred to in letter a, letter b, letter c, and the need to establish laws on Mineral and Coal Mining;
.,, Remember: article 5 paragraph (1), article 20 and article 33 paragraph (2) and paragraph (3) of the Constitution of the Republic of Indonesia in 1945;
Together with the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA and the PRESIDENT of the REPUBLIC of INDONESIA DECIDES:.,, set: the law on MINERAL and COAL MINING.
CHAPTER I GENERAL PROVISIONS article 1 In this law is the:.,, 1. Mining is some or all phases of activity in order to research, management and concessions of mineral or coal that includes the General investigation, exploration, feasibility studies, construction, mining, processing and refining, transport and sales, as well as pascatambang.
., ,2. Minerals are inorganic compounds are formed in nature, which has certain chemical and physical properties as well as the arrangement of regular crystals or gabungannya that make up rocks, either in the form of loose or ECE.
., ,3. Coal is the deposition of organic compounds karbonan that is formed naturally from the rest of the herbs.
., ,4. Mineral Mining is mining the mineral assemblage in the form of ore or rock, beyond geothermal, oil and gas, as well as ground water.
., ,5. Coal mining is the mining of carbon deposits within the Earth, including solid bitumen, peat, rock and asphalt.
., ,6. The venture Mining is an activity in the framework of concessions of mineral or coal that includes the General investigation activity stages, exploration, feasibility studies, construction, mining, processing and refining, transport and sales, as well as pascatambang.
., ,7. Licences, hereinafter called the IUP, is permission to carry out the business of mining.
., ,8. IUP Exploration was granted business license to conduct general investigations activities, stages of exploration, and a feasibility study.
., ,9. IUP production operation is a business license that was provided after the completion of the implementation of the IUP Exploration phases for conducting the activities of the production operations.
., .10. People's Mining permit, hereinafter called IPR, is permission to carry out mining ventures in the mining area and people with limited investment.
.,, 11. Special licences, hereinafter referred to as the IUPK, is the permission to carry out the mining ventures in the area of special licences.
., 12. IUPK exploration is the business license granted to conduct public investigations activities, stages of exploration, and a feasibility study in the area of special licences.
., 13. IUPK production operations is a business license that was provided after the completion of the implementation of the IUPK Exploration phases for conducting operations in the region of production licences.
.,, 14. The public inquiry was the stage of mining activities to find out the condition of the regional geology and indication of mineralized.
., 15. The exploration stage of mining business activities is to obtain information in detail and conscientious about the location, shape, dimensions, distribution, quality and scalable resources of minerals, as well as information about the social environment and the environment.
.,,16. The feasibility study is the stage of mining business activities to obtain information in detail all aspects related to determine viability and technical mining ventures, including an analysis of the environmental impact as well as the planning of pascatambang.
., General Agreement. Production operations are the stages of mining business activities which include construction, mining, processing, refining, including transportation and sales, as well as a means of controlling the environmental impact in accordance with the results of the feasibility study.
., 18. Construction of mining business activities is to undertake the construction of the entire facility, including production control operations impact the environment.
.,, 19. Mining is part of mining business activities to produce minerals and/or coal and mineral ikutannya.
.,, 06. Processing and refining of mining business activities is to improve the quality of minerals and/or coal and to utilize and obtain mineral followup.
.,,21. The carriage was the mining business activities to move minerals and/or coal from the mine and or processing and refining to the place of delivery.
., .22. Sales of mining business activities is to sell the result mining of minerals or coal.
.,,23. A business entity is any legal entity engaged in mining, established under the laws of Indonesia and domiciled in the territory of the unitary State of Republic of Indonesia.
., .24. Mining is the ancillary services relating to mining business activities.
., .25. Analysis on the impact of the environment, hereinafter called the amdal, is a study of the impact of large and important an undertaking and/or planned activities on the environment necessary for the decision-making process of the Organization of the business and/or activities.
.,, 26. Reclamation is the activities that are performed throughout the stages of the mining effort to organize, restore, and improve the quality of the environment and the ecosystem to function returns appropriate allocation.
.,,27. Pascatambang activities, hereinafter called pascatambang, is an activity planned, systematic, and continues after the end of part or all of mining business activities to restore the function of the natural environment and social functions according to local conditions throughout the mine.
.,,28. Community empowerment is the effort to improve the capability of the community, either individually or collectively, to become a better level of life.
.,, 29. The mining area, hereinafter referred to WP, is an area that has potential minerals and/or coal and is not bound by the limitations of the Government Administration which is part of the national spatial.
., .30. Mining Business region, hereinafter called the WUP, is part of WP that has possess data availability, potential, and/or geological information.
.,,31. Area Licences, hereinafter called WIUP, is given to the holder of the IUP.
., 32. The region of mines Folk, hereinafter called the WPR, is part of the WP places do people's mining business activities.
.,, 33. The backup area of the country, hereinafter called the WPN, is part of the WP reserved for national strategic interests.
., 34. Special Mining Business area hereinafter referred WUPK, is part of the WPN organised.
.,, 35. Special Licences region in WUPK, hereinafter called WIUPK, is the territory granted to the holder of the IUPK.
.,, 36. The Central Government, which is hereinafter referred to as the Government, is the President of the Republic of Indonesia that holds the powers of the Government of the Republic of Indonesia as stipulated in the Constitution of the Republic of Indonesia in 1945.
., 37. The local government is the Governor, Governor or mayor, and other areas as elements of organization of local governance.
., 38. The Minister was the Minister who organized a Government Affairs in the field of mineral and coal mining.
CHAPTER II the BASIS and PURPOSE of article 2 of the Mining of minerals and/or coal is managed based on: a. the benefits, justice, and balance;

b. alignments to the interests of the nation;

c. participatory, transparency, and accountability;

d. sustainable and environmentally.

Article 3 in order to support a sustainable national development, the purpose of the management of mineral and coal are:.,, a. assure effectiveness of implementation and control of mining business activities in Sepik, succeed to, and competitive power;
.,, b. guarantee the benefits of mineral and coal mining in environmentally sustainable and life;
.,, c. guarantees the availability of minerals and coal as raw material and/or as a source of energy for domestic needs;

., d. menumbuhkembangkan and support national capabilities in order to be better able to compete at the national level, regional, and international;
.,, e. increase income of local communities, regions, and countries, as well as create jobs for sebesar-besar people's welfare; and, f.., guarantee legal certainty in the conduct of the business activities of mineral and coal mining.
CHAPTER III the MASTERY of MINERAL and COAL Section 4.,, (1) Minerals and coal as natural resources that are not renewable national wealth is controlled by the State for the people's welfare sebesar-besar.
.,, (2) mastery of mineral and coal by the State as referred to in subsection (1) is held by the Government and/or regional governments.
Article 5, (1) for the national interest, the Government after consultation with the Representatives of the Republic of Indonesia can establish policies promoting mineral and/or coal to domestic interests.
.,, (2) national interest referred to in subsection (1) may be made by controlling the production and exports.
.,, (3) in carrying out the controls referred to in subsection (2), the Government has the authority to set the amount of each commodity production per year per province.
.,, (4) Regional Government is obligated to comply with the provisions the amount set by the Government as referred to in paragraph (3).
.,, (5) the provisions on promoting mineral and/or coal for domestic interests referred to in subsection (1) and control of production and export as referred to in paragraph (2) and paragraph (3) is set by government regulations.
CHAPTER IV AUTHORIZES the MANAGEMENT of MINERAL and COAL MINING article 6.,, (1) the authority of the Government in the management of mineral and coal mining, among others, are:.,, a. determination of national policy;

b. the creation of legislation;

c. the setting of national standards, guidelines, and criteria;

d. determination of the system of mineral and coal mining licence nasional;., e. WP assignment made after coordinating with local authorities and consult with Representatives of the Republic of Indonesia;
.,, f. grant of IUP, coaching, conflict resolution, and community supervision of mining ventures in the area of cross-provincial and/or territorial sea more than 12 (twelve) miles of coastline;
.,, g. granting of IUP, coaching, conflict resolution, and community supervision of mining business penambangannya location is at a cross-province and/or territory of the sea more than 12 (twelve) miles of coastline;
.,, h. grant of IUP, coaching, conflict resolution, and community supervision of mining venture production operations impact the environment directly cross provincial and/or territorial sea more than 12 (twelve) miles of coastline; i. IUPK granting exploration and production operation IUPK;., j. evaluating IUP production operation, issued by local governments, which have caused damage to the environment and that does not apply the rules of good mining; k. determination policy production, marketing, utilization, and conservation;

b. the determination of the policy of cooperation, partnership, and community empowerment;.,, m. formulation and determination of acceptance of a country not a tax business results from mining minerals and coal;
.,, n. coaching and supervision of conduct of the management of mineral and coal mining which was carried out by the local government;
., o., coaching and supervision of drafting regulations in mining areas;
., p. penginventarisasian, investigation, and research as well as explorations in order to obtain data and information about minerals and coal as an ingredient for preparing the WUP and WPN;
., q. information management, geology, information on potential mineral resources and coal mining, as well as information on the national level; r. coaching and supervision against land reclamation pascatambang;

s. preparing the balance of mineral resources and coal national level;

t. development and increased value added in mining business activities; and, improved skills, u.s. Government agencies, provincial governments, and the Government district/municipality in organizing the management of mining business.
.,, (2) the authority of the Government as mentioned in subsection (1) is carried out in accordance with the provisions of the legislation.
Chapter 7.,, (1) the authority of the provincial government in the management of mineral and coal mining, among others, are:.,, a. making regulations region;.,, b. grant of IUP, coaching, conflict resolution and community supervision of mining efforts on cross counties/cities and/or the territorial sea 4 (four) miles to 12 (twelve) miles;
.,, c. awarding an IUP, coaching, conflict resolution and community supervision of the production operation mining business activities are at a cross-area counties/cities and/or the territorial sea 4 (four) miles to 12 (twelve) miles;
.,, d. grant IUP, coaching, conflict resolution and community oversight of the environmental impact of mining venture direct cross-county/city and/or sea territory of 4 (four) miles to 12 (twelve) miles;
., penginventarisasian, e., investigation and research as well as explorations in order to obtain data and information on mineral and coal in accordance with those powers;
., f. geological information management, information on potential mineral resources and coal mining, as well as information on the area of the province/territory;
.,, g. preparation of the balance sheet of mineral and coal resources in the area of the province/territory;
.,, h. development and increasing the added value of the province's mining business activities;
.,, i. development and increased community participation in mining business with attention to environmental sustainability;
. pengoordinasian, j., licensing and supervision of the use of explosives in mining areas in accordance with those powers;
., k., submission of information the results of the investigation public, inventory, and research as well as explorations to the Minister and Regent/Mayor;
.,, l. submission of information production, domestic sales, and export to the Minister and Regent/Mayor; m. coaching and supervision against land reclamation pascatambang; and, n.., increased the ability of provincial government apparatus and the Government district/municipality in organizing the management of mining business.
.,, (2) the authority of the provincial government as referred to in paragraph (1) was carried out in accordance with the provisions of the legislation.
Article 8.,, (1) the Government authorities of the kabupaten/kota in the management of mineral and coal mining, among others, are:.,, a. making regulations region;.,, b. grant of IUP and IPR, coaching, conflict resolution, and community supervision of mining ventures in districts/cities and/or in the territorial sea up to 4 (four) miles;
.,, c. grant of IUP and IPR, coaching, conflict resolution and community supervision of the production operation mining business activities are in districts/cities and/or the territorial sea up to 4 (four) miles;
., penginventarisasian, d., inquiry and research, as well as exploration in order to obtain data and information on mineral and coal;
.,, e. information management of geological, mineral and coal potential of information, as well as information on mining districts/cities;
., f., the preparation of the balance of mineral resources and coal on the district/city;
.,, g. development and empowerment of local communities in the mining business with attention to environmental sustainability;
.,, h. development and increase the added value and benefits of mining business activities optimally;
.,, i. submission of information the results of the investigation public, inventory, and research, as well as exploration and exploitation to the Minister and the Governor;
.,, j. delivery of information production, domestic sales, and export to the Minister and the Governor; k. coaching and supervision against land reclamation pascatambang; and, b. the increased ability of the Government apparatus kabupaten/kota in organizing the management of mining business.
.,, (2) the authority of the district/city governments as intended in paragraph (1) was carried out in accordance with the provisions of the legislation.
Chapter V MINING REGION is considered Part of the General article 9.,, (1) WP as part of national spatial was the Foundation for the determination of mining activities.
.,, (2) WP as referred to in paragraph (1) established by the Government after coordinating with local authorities and consult with Representatives of the Republic of Indonesia.
Article 10 Designation of WP as referred to in article 9 paragraph (2) was carried out: a. in a transparent, participatory, and responsible;., integrated, b. having regard to the opinion of the related government agencies, communities, and taking into account aspects of ecological, economic, social and cultural, as well as an insightful environment; and c. having regard to the aspirations of the region.

Article 11 of the Government and the local government is obliged to conduct an investigation and research of mining in the framework of the preparation of WP.

Article 12 Provisions on limits, and the mechanism of determination of WP as referred to in article 9, article 10, article 11 and subject to the regulations of the Government.

Article 13 comprises WP: a. WUP;

b. WPR; and c. WPN.

The second part of article 14 Mining Business Region.,, (1) the determination of the WUP is done by the Government after coordinating with local governments and communicated in writing to the House of representatives of the Republic of Indonesia.

.,, (2) the coordination referred to in paragraph (1) is carried out by the local authorities concerned based on data and information owned by the Government and the local government.
Article 15 the Government can bestow most of its determination in WUP as stipulated in article 14 paragraph (1) to the provincial government in accordance with the provisions of the legislation.

Article 16 A WUP consist of 1 (one) or some WIUP at cross area of the province, kabupaten/kota area traffic, and/or within one (1) area of kabupaten/kota.

Article 17 spacious and the limits of metal mineral and coal WIUP set by the Government is coordinating with local authorities based on criteria that are owned by the Government.

Article 18 establishes the criteria for 1 (one) or some WIUP in 1 (one) WUP is as follows: a. geography;

b. rules of conservation;

c. resources support neighborhood of refuge;

d. optimization of mineral resources and/or coal; and e. the level of overcrowding.

Article 19 further Provisions regarding the procedures for the determination of the limits and broad WIUP as stipulated in article 17 is set by government regulations.

The third part of the people's Mining Region article 20 people's mining activities are implemented in a WPR.

Article 21 WPR as stipulated in article 20 are set by the bupati/walikota after consultation with Representatives of the regional district/city.

Article 22 the criteria to establish the WPR is as follows:.,, a. has a secondary mineral deposits found in the river and/or between the banks and the banks of the river;
.,, b. has primary metal or coal reserves with a maximum depth of 25 (twenty five) meters; c. deposits, floodplains, terraces, and the ancient River deposits;.,, d. broad people's mining areas is a maximum of 25 (twenty five) hectares; e. mention types of commodities that will be mined; and/or, f.., is a region or place of the people who have been mining activities are carried out at least 15 (fifteen) years.
Article 23 in setting WPR as stipulated in article 21, shall be obliged to perform the bupati/walikota announcement regarding plans for WPR to the community openly.

Article 24 the region or place of the activities of the people who've worked on mine but it has not been established as a priority for WPR set as WPR.

Article 25 the provisions on guidelines, procedures, and the determination of the WPR as referred to in article 21 and article 23 is regulated with a government regulation.

Article 26 the provisions on the criteria and mechanism for determination of WPR, as referred to in article 22 and article 23 set with applicable local district/city.

The fourth part of the territory of the country article 27 Backup.,, (1) To a national strategic interests, the Government with the approval of the House of representatives of the Republic of Indonesia and regional aspirations set by observing the WPN as areas which are reserved for certain commodities and conservation area in order to maintain the balance of ecosystems and the environment.
., WPN, (2) assigned to a particular commodity as referred to in paragraph (1) may be organised partly its area with the consent of the House of representatives of the Republic of Indonesia.
.,, (3) WPN set for conservation as referred to in paragraph (1) specified time restrictions with the approval of the House of representatives of the Republic of Indonesia.
.,, (4) areas that will be organised as referred to in paragraph (2) and paragraph (3) changed its status into a WUPK.
Article 28 WPN status changes as mentioned in article 27 paragraph (2), subsection (3), and paragraph (4) becomes WUPK can be done taking into account: a. the fulfilment of industrial raw materials and energy in the country;

b. sources of foreign countries;

c. conditions of regions based on the limitations of the facilities and infrastructure;

d. the potential to be developed as a center of economic growth;

e. resources support neighborhood; and/or f. the use of technology and high capital investment.

Article 29, WUPK, (1) as referred to in article 27 paragraph (4) which will be kept to a designated by the Government after coordinating with local governments.
.,, (2) implementation of mining business activities in WUPK referred to in subsection (1) is conducted in the form of IUPK.
Article 30 A WUPK consist of 1 (one) or some WIUPK on the cross the province, kabupaten/kota area traffic, and/or within one (1) area of kabupaten/kota.

Article 31 spacious and WIUPK limit the minerals metals and coal set by the Government is coordinating with local authorities based on criteria and information that is owned by the Government.

Article 32 the criteria to specify 1 (one) or some WIUPK in 1 (one) WUPK is as follows: a. geography;

b. rules of conservation;

c. resources support neighborhood of refuge;

d. optimization of mineral resources and/or coal; and e. the level of overcrowding.

Article 33 further Provisions regarding the procedures for the determination of the vast and WIUPK limits referred to in article 31 and article 32 is set by government regulations.

CHAPTER VI Article 34 MINING VENTURE (1) grouped upon: mining Venture, mineral mining, a.; and b. coal mining.
.,, (2) mineral Mining as intended in paragraph (1) letter a is classified for:.,, a. mining radioactive minerals;

b. mining minerals metals;

c. mineral mining is not metal; and d. mining of rocks.
.,, (3) the provisions on the determination of a commodity into a mine the mineral mining as intended in paragraph (2) is set by government regulations.
Article 35 mining Ventures as referred to in article 34 was implemented in the form of: a. IUP;

b. the IPR; and c. IUPK.

CHAPTER VII LICENCES Part One General Article 36 (1) the IUP is composed of two stages:.,,.,, a. IUP Exploration covers activities of the public inquiry, exploration, and feasibility studies;
.,, b. IUP production operation activities include construction, mining, processing and refining, as well as the transport and sales.
.,, (2) the holder of an IUP exploration and IUP production operation holder may perform some or all of the activities referred to in paragraph (1).
Article 37 IUP is given by: a. bupati/walikota WIUP in one region being in the district/city;, Governor, b. in cross-region are on WIUP kabupaten/kota in one (1) province after getting a recommendation from the local bupati/walikota in accordance with provisions of laws and regulations; and, c. the Minister when WIUP is at cross-province after getting a recommendation from the Governor and the local bupati/walikota in accordance with the provisions of the legislation.
Article 38 IUP is given to: a. the business entity;

b. cooperative; and c. an individual.

Article 39.,, (1) IUP Exploration as stipulated in article 36 paragraph (1) letter a compulsory load conditions at a minimum:.,, a. the name of the company;

b. location and area;

c. General spatial plan;

d. guarantees of seriousness;

e. capital investment;

f. extension phase activities;

g. rights and obligations of the holder of the IUP;

h. a period whilst the stage activities;

i. types of businesses given;., j., plan development and community empowerment around the mining area; k. taxation;

b. settlement of disputes;

m. fixed dues and dues of exploration; and n. amdal.
.,, (2) IUP production operation as referred to in article 36 paragraph (1) letter b contains a provision compulsory are at least:.,, a. the name of the company;

b. area;

c. location of mining;

d. location of processing and refining;

e. transport and sales;

f. investment capital;

g. time frame the enactment of IUP;

h. a period stage activities;

i. resolution of land issues;

j. environment including reclamation and pascatambang;

k. reclamation guarantee fund and pascatambang;

b. extension of the IUP;

d. rights and obligations of the holder of the IUP;., n. plan development and community empowerment around the mining area; o. taxation;., p. acceptance of State tax instead of fixed dues and dues production; q. the settlement of disputes;

r. safety and health work;

s. conservation mineral or coal;

t. utilization of goods, services, and technology in the country;

u. application of rules keekonomian, environmental and mining;

v. development of Indonesia's labor;

d. management of mineral coal or data; and,, x. mastery, development, and application of technology of mining of minerals or coal.
Article 40.,, (1) IUP as stipulated in article 36 paragraph (1) is granted for 1 (one) type of mineral or coal.
.,, (2) the holder of an IUP as referred to in subsection (1) who finds other minerals in WIUP managed given priority to working on that.
.,, (3) the holder of an IUP which means pursuit of other minerals as intended in paragraph (2), mandatory to apply the new IUP to the Minister, the Governor, bupati/walikota and in accordance with those powers.
.,, (4) the holder of an IUP as referred to in subsection (2) can be expressed in no mood to try their other minerals found.
.,, (5) the holder of an IUP which in no mood to try their other minerals found as intended in paragraph (4), to safeguarding these other minerals in order not to be taken advantage of another party.
.,, (6) IUP to other minerals as intended in paragraph (4) and paragraph (5) may be given to other parties by the Minister, Governors, and the bupati/walikota in accordance with those powers.
Article 41 IUP can not be used other than those referred to in the grant of IUP.

The second part of IUP Exploration Article 42.,, (1) IUP Exploration for metallic minerals mining can be given in writing within 8 (eight) years.

.,, (2) IUP Exploration for mineral mining not metallic can be given within a period of not longer than three (3) years and certain types of nonmetallic minerals may be given in writing within 7 (seven) years.
.,, (3) IUP Exploration for mining of rocks can be given for a period of not longer than three (3) years.
.,, (4) IUP Exploration for coal mining can be given in writing within 7 (seven) years.
Article 43.,, (1) in terms of exploration activities and the activities of the feasibility study, the holder of the IUP exploration get mineral or coal tergali mandatory reporting to the giver of the IUP.
.,, (2) the holder of an IUP Exploration who want to sell minerals or coal as intended in paragraph (1) is required while applying for permits to do the transport and sales.
Article 44 a temporary Permit as referred to in article 43 paragraph (2) is given by the Minister, Governors, or bupati/walikota in accordance with those powers.

Article 45 Mineral or coal tergali as stipulated in article 43 is a production levy.

The third part of an IUP production operation Article 46.,, (1) Every holder of IUP Exploration are guaranteed to obtain an IUP production operation as a continuation of the mining business activities.
.,, (2) IUP production operation can be given to business entities, cooperatives, or sole proprietorship over the results of the auction WIUP mineral coal or metal has had a feasibility study results of the study data.
Article 47.,, (1) IUP production operation for mining minerals metals can be given for a period of not longer than 20 (twenty) years and can be extended by 2 (two) times respectively 10 (ten) years.
.,, (2) IUP production operation mining for minerals instead of metal can be given in writing within 10 (ten) years and can be renewed two times each of the 5 (five) years.
.,, (3) IUP production operation mining for minerals instead of certain types of metal can be given for a period of not longer than 20 (twenty) years and can be extended by 2 (two) times respectively 10 (ten) years.
.,, (4) IUP production operation for mining of rocks can be given for a period of not longer than 5 (five) years and can be renewed two times each of the 5 (five) years.
.,, (5) IUP production operation for coal mining can be given for a period of not longer than 20 (twenty) years and can be extended by 2 (two) times respectively 10 (ten) years.
Article 48 IUP production operation is given by:.,, a. bupati/walikota when mining location, location of processing and refining, as well as ports are in one district/city;
.,, b. Governor when the mining location, location of processing and refining, as well as ports are in the different district/city after getting a recommendation from the local bupati/walikota in accordance with provisions of laws and regulations; and, c. the Minister when the mining location, location of processing and refining, as well as ports are in a different province after getting a recommendation from the Governor and the local bupati/walikota in accordance with the provisions of the legislation.
Article 49 further Provisions regarding the procedures for the granting of IUP Exploration as stipulated in article 42 and IUP production operation as referred to in article 46 are regulated with a government regulation.

The fourth part of the Mineral Mining Mining of radioactive Minerals 1 Paragraph article 50 WUP radioactive minerals are set by the Government and pengusahaannya carried out in accordance with the provisions of the legislation.

Paragraph 2 of article 51 Metal Mineral Mining WIUP metallic minerals is given to business entities, cooperatives, and individuals by way of auction.

Article 52.,, (1) the holder of a metal mineral exploration IUP was given the least WIUP 5000 (five thousand) hectares and at most 100,000 (one hundred thousand) hectares.
.,, (2) in the area that have been given a metal mineral exploration IUP may be provided to other parties for IUP is aiming at other keterdapatannya different minerals.
.,, (3) the granting of IUP as referred to in paragraph (2) is made after considering the opinions of the IUP holder first.
Article 53 the holder of IUP production operation metal minerals were given the most WIUP 25000 (twenty-five thousand) hectares.

Paragraph 3 Mining Minerals Nonmetallic Article 54 WIUP nonmetallic minerals is given to business entities, cooperatives, and individuals by way of petition to the area's post-hardcore permission as referred to in article 37.

Article 55.,, (1) the holder of a mineral exploration IUP nonmetallic given WIUP with at least 500 (five hundred) hectares and at most 25000 (twenty-five thousand) hectares.
.,, (2) in the area that has been given the nonmetallic mineral exploration IUP may be provided to other parties for IUP is aiming at other keterdapatannya different minerals.
.,, (3) the granting of IUP as referred to in paragraph (2) is made after considering the opinions of the IUP holder first.
Article 56 the holder of IUP production operation nonmetallic minerals were given the most WIUP 5000 (five thousand) hectares.

Paragraph 4 of article 57 Rock Mining WIUP rocks given to business entities, cooperatives, and individuals by way of petition to the area's post-hardcore permission as referred to in article 37.

Article 58.,, (1) the holder of an IUP Exploration of rocks was given the least WIUP 5 (five) hectares and at most 5000 (five thousand) hectares.
.,, (2) in the area that have been given an IUP IUP Exploration of rocks can be granted to other party to initiate another keterdapatannya different minerals.
.,, (3) the granting of IUP as referred to in paragraph (2) is made after considering the opinions of the IUP holder first.
Article 59 the holder of IUP production operation of rocks was given the most WIUP l. 000 (one thousand) hectares.

The fifth part of the coal mining Article 60 WIUP coal given to business entities, cooperatives, and individuals by way of auction.

Article 61.,, (1) the holder of an IUP exploration of Coal was given the least WIUP 5000 (five thousand) hectares and at most 50000 (fifty thousand) hectares.
.,, (2) in the area that has been given the IUP IUP Exploration of coal can be granted to other party to initiate another keterdapatannya different minerals.
.,, (3) the granting of IUP as referred to in paragraph (2) is made after considering the opinions of the IUP holder first.
Article 62 holders of an IUP production operation of coal were given the most WIUP 15000 (fifteen thousand) hectares.

Article 63 Provisions on procedures for obtaining WIUP as stipulated in article 51, article 54, article 57, and article 60 is set by government regulations.

CHAPTER VIII REQUIREMENTS for LICENSING MINING VENTURE Article 64 the Government and local government in accordance with its obligation to announce plans of mining business activities on WIUP as stipulated in article 16 as well as provide IUP exploration and IUP production operation as referred to in article 36 to the community openly.

Article 65.,, (1) business entities, cooperatives, and sole proprietorship as stipulated in article 51, article 54, article 57, and article 60 that conduct business in mining administrative requirements, meet the mandatory technical requirements, environmental requirements, and financial requirements.
.,, (2) the provisions concerning administrative requirements further, technical requirements, environmental requirements, and financial requirements as referred to in subsection (1) is set by government regulations.
CHAPTER IX the PEOPLE'S MINING PERMITS Article 66 people's mining Activities as mentioned in article 20 are grouped as follows: a. mining minerals metals;

b. mineral mining is not metal;

c. mining rock; and/or d. coal mining.

Article 67.,, (1) the Bupati/walikota give IPR especially to locals, both individual as well as community groups and/or cooperatives.
.,, (2) the Bupati/walikota can bestow authority on the implementation of the grant of IPR as intended in paragraph (1) to head in accordance with the provisions of the legislation.
.,, (3) to obtain IPR as intended in paragraph (1), the applicant is obliged to convey a letter of petition to the Regent/Mayor.
Article 68 (1) the total area for 1 (one) IPR that may be given to:.,, a. individuals at most 1 (one) hectare;

b. community groups at most 5 (five) hectares; and/or c. cooperatives at most 10 (ten) hectares.
.,, (2) IPR are given for a period of not longer than 5 (five) years and can be extended.
Article 69 IPR Holder is entitled:.,, a. received coaching and supervision in the field of occupational health and safety, environment, technical mining, and management of Government and/or local governments; and, b.., got the help of capital in accordance with the provisions of the legislation.
Article 70 compulsory IPR Holders:.,, a. mining activities at least 3 (three) months after the IPR was published;
.,, b. abide by the laws and regulations in the field of work safety and health mining, environmental management, and meets the applicable standards; c. managing the environment together with the local authorities;

d. pay the dues and the dues of the production; and, e.., delivered a report on the implementation of the people's mining business activities periodically to the giver of the IPR.
Article 71.,, (1) in addition to the obligations referred to in article 70, the holder of the IPR in conducting mining activities of the people referred to in Article 66 is obligated to comply with the provisions of the mining technical requirements.
.,, (2) further Provisions regarding the mining technical requirements referred to in subsection (1) is set by government regulations.

Article 72 further Provisions regarding the procedures for the granting of IPR arranged with applicable local district/city.

Article 73.,, (1) the Government of the district/city carry out coaching in the field of concessions, mining technology, as well as capital and marketing in an effort to increase the ability of the mining business people.
.,, (2) the Government of the district/city is responsible for technical safeguards people's mining venture in which include:.,, a. occupational safety and health work;

b. environmental management; and c. pascatambang.
.,, (3) to implement technical safeguards referred to in paragraph (2), County Government/city officials lifted mandatory functional mine Inspector in accordance with the provisions of the legislation.
.,, (4) Government's kabupaten/kota is obliged to record the results of the production of the entire people's mining business activities that are within its territory and report periodically to the Minister and the local Governor.
CHAPTER X SPECIAL LICENCES Article 74 (1) IUPK given by the Minister having regard to the interests of the region.
., IUPK, (2) referred to in subsection (1) is granted for 1 (one) type of metal or mineral coal within 1 (one) WIUPK.
.,, (3) the holder of the IUPK referred to in subsection (1) who finds other minerals in WIUPK managed given priority to working on that.
.,, (4) the holder of the IUPK mean dress other minerals as intended in paragraph (2), obliged to apply new IUPK to the Minister.
.,, (5) the holder of the IUPK referred to in subsection (2) can be expressed in no mood to try their other minerals found.
.,, (6) the holder of the IUPK are in no mood to try their other minerals found as intended in paragraph (4), to safeguarding these other minerals in order not to be taken advantage of another party.
.,, (7) IUPK for other minerals as intended in paragraph (4) and paragraph (5) may be given to other parties by the Minister.
Article 75.,, (1) the awarding of the IUPK referred to in Section 74 subsection (1) done based on considerations as referred to in article 28.
., IUPK, (2) referred to in subsection (1) may be given to business entities incorporated law Indonesia, both in the form of State-owned enterprises, regional-owned enterprises, and private businesses.
.,, (3) State-owned enterprise and the area referred to in subsection (2) get priority in getting IUPK.
.,, (4) private business entity as referred to in paragraph (2) to get IUPK is implemented by way of auction WIUPK.
Article 76 (1) IUPK consists of two stages:.,,., IUPK, a. Exploration activities include public inquiry, exploration, and feasibility studies;
., IUPK b., production operation activities include construction, mining, processing and refining, as well as the transport and sales.
.,, (2) the holder IUPK holder IUPK exploration and production operations can perform some or all of the activities referred to in paragraph (1).
.,, (3) further Provisions regarding the procedures for obtaining IUPK as referred to in subsection (1) is set by government regulations.
Article 77.,, (1) Every holder of Exploration IUPK guaranteed to earn a IUPK production operation as a continuation of the mining business activities.
., IUPK, (2) production operation can be given to business entities incorporated law Indonesia as stipulated in article 75 paragraph (3) and subsection (4) which has the data results of the study feasibility study.
Article 78 IUPK Exploration as stipulated in article 76 paragraph (1) letter a at least compulsory contain: a. name of the company;

b. location and spacious area;

c. General spatial plan;

d. guarantees of seriousness;

e. capital investment;

f. extension phase activities;

g. rights and obligations of the holder of the IUPK;

h. a period stage activities;

i. types of businesses given;., j., plan development and community empowerment around the mining area; k. taxation;

b. settlement of disputes of land issues;

m. fixed dues and dues of exploration; and n. amdal.

Article 79 IUPK production operations as referred to in article 76 paragraph (1) letter b at least compulsory contain: a. name of the company;

b. area;

c. location of mining;

d. location of processing and refining;

e. transport and sales;

f. investment capital;

g. time period phase activities;

h. resolution of land issues;

i. environment, including reclaiming and pascatambang;

j. reclamation guarantee funds and guarantee pascatambang;

k. validity period IUPK period;

b. extension of the IUPK;

d. rights and obligations;

n. development and community empowerment around the mining area;

o. taxation;., p. fixed dues and dues of the production as well as parts of the country/region, income made up for the results of a net gain since production; q. the settlement of disputes;

r. safety and health work;

s. conservation mineral or coal;., q., utilization of goods, services, technology and ability of engineering and architecture within the country; u. application of rules keekonomian, environmental and mining;

v. development of Indonesia's labor;

d. management of mineral or coal; data., x., mastery, development and application of mining technology of mineral or coal; and y. divestment of shares.

Article 80 IUPK can not be used other than those referred to in the grant of IUPK.

Article 81.,, (1) in terms of exploration activities and the activities of the feasibility study, the holder of the Exploration IUPK get a metal or mineral coal that tergali obliged to report to the Minister.
.,, (2) the holder of the Exploration IUPK wants to sell the metal minerals or coal as intended in paragraph (1) is required while applying for permits to do the transport and sales. (3) a temporary Permit as referred to in paragraph (2) is given by the Minister.

Article 82 the Mineral or coal tergali as referred to in article 81 is a production levy.

Article 83 the requirements of the area and period of time in accordance with the mining business group that applies to the holder of the IUPK include:.,, a. 1 (one) WIUPK to stage the metal minerals mining exploration activities are provided with the most extensive 100,000 (one hundred thousand) hectares.
., spacious, b. 1 (one) WIUPK to stage a production operation mining activities on mineral metals most widely given 25000 (twenty-five thousand) hectares.
.,, c. 1 (one) WIUPK to stage a activity given coal mining exploration with the most extensive 50000 (fifty thousand) hectares.
.,, d. 1 (one) WIUPK for a stage production of coal mining operations is given with the most extensive 15000 (fifteen thousand) hectares.
.,, e. period IUPK metal mineral exploration mining can be given the longest 8 (eight) years.
.,, f. period of IUPK coal mining Explorations can be given the longest 7 (seven) years.
.,, g. period IUPK metal or mineral production operation of coal can be provided most 20 (twenty) years and can be extended by 2 (two) times respectively 10 (ten) years.
Chapter 84 further Provisions regarding the procedures for acquiring the WIUPK referred to in Section 74 subsection (2) and paragraph (3) and article 75, paragraph (3) is set by government regulations.

CHAPTER XI SPECIAL MINING BUSINESS LICENSING REQUIREMENTS Article 85 the Government obligated announced plans in WIUPK mining business activities referred to in article 30 as well as provide IUPK IUPK exploration and production operations as referred to in article 76 to the community openly.

Article 86.,, (1) a business entity as referred to in article 75 paragraph (2) that undertake activities in WIUPK meet the requirements of compulsory administrative, technical requirements, environmental requirements and financial requirements.
.,, (2) the provisions concerning administrative requirements further, technical requirements, environmental requirements, and financial requirements as referred to in subsection (1) is set by government regulations.
CHAPTER XII DATA MINING Article 87 to support completion of the WP and the development of science and technology of mining, the Minister or the Governor in accordance with those powers can be commissioned research institutions of the country and/or region to conduct investigations and research on mining.

Article 88.,, (1) the Data obtained from the mining business activities is a Government-owned data and/or local governments comply with those powers.
.,, (2) Data mining businesses owned by local government compulsory submitted to the Government for the management of data mining.
.,, (3) management of data as referred to in subsection (1) is held by the Government and/or regional Governments in accordance with those powers.
Article 89 the provisions on procedures for investigation and research assignments as stipulated in article 87 and the management of data as referred to in article 88 set by government regulations.

CHAPTER XIII RIGHTS and OBLIGATIONS Part One Rights Article 90 IUP Holder and IUPK can perform some or all of the stages of the mining venture, either exploration activities and production operations.

Article 91 IUP Holder and IUPK can take advantage of the infrastructure and public facilities for the purposes of mining after comply with legislation.

Article 92 IUP Holder and IUPK are entitled to have the minerals, including minerals ikutannya, or coal that has been produced in a fulfilled an exploration or production dues dues, except mineral radioactive followup.

Article 93.,, (1) the holder of the IUP and IUPK should not move the IUP and his IUPK to the other party.
.,, (2) for the transfer of ownership and/or shares in Indonesia stock exchange can only be done after a certain stage of exploration activities.

.,, (3) the transfer of ownership and/or shares referred to in subsection (2) may only be done with the proviso:.,,.,, a. must be notified to the Minister, Governors, or bupati/walikota correspond to those powers; and b. all does not conflict with the provisions of legislation.
Article 94 IUP Holder and IUPK are guaranteed the right to conduct mining business in accordance with the provisions of the legislation.

The second part of article 95 Liability and compulsory IUPK IUP Holder: a. apply good mining technique rule;

b. managing finance in accordance with the accounting system Indonesia;

c. increase added value of mineral resources and/or coal;

d. execute the development and empowerment of local communities; and e. comply with the limit of tolerance power support environment.

Article 96 In application of rule mining techniques are good, the holder of the IUP and implement mandatory IUPK: a. the provisions of the mining safety and health work;

b. the safety of mining operations;., c. mining environmental management and monitoring, including the reclamation activities and pascatambang; d. conservation efforts mineral resources and coal;., e. management of the remaining mines of mining business activities in the form of a solid, liquid, or gas to meet the standards of environmental quality before it is discharged raw into the media environment.
Article 97 holders of IUP and IUPK compulsory guarantee the application of standard quality raw and the environment in accordance with the characteristics of an area.

Article 98 IUP Holder and IUPK to safeguarding the sustainability of power functions and support water resource in question in accordance with the provisions of the legislation.

Article 99.,, (1) Every holder of the IUP and reclamation plans are handed mandatory IUPK and pascatambang plan at the time of applying for the IUP production operation or IUPK production operations.
.,, (2) implementation of reclamation and pascatambang activities carried out in accordance with the provisions of the land pascatambang.
.,, (3) Provision of land pascatambang as referred to in paragraph (2) are listed in the land use agreement between the holder of the IUP or IUPK and holders of land rights.
Article 100.,, (1) the holder of the IUP and IUPK provides mandatory guarantee fund and guarantee fund reclamation pascatambang.
.,, (2) the Minister, Governors, or bupati/walikota correspond to those powers can establish a third party to conduct the reclamation and pascatambang with the guarantee fund referred to in subsection (1).
.,, (3) the provisions referred to in subsection (2) is in effect when the holder of the IUP or IUPK does not carry out reclamation and pascatambang in accordance with the approved plans.
Article 101 further Provisions concerning reclamation and pascatambang as referred to in article 99 as well as the reclamation guarantee fund and guarantee fund pascatambang as referred to in article 100 is set by government regulations.

Article 102 compulsory IUP Holder IUPK and increase the added value of mineral resources and/or coal in the implementation of mining, processing and refining, as well as the utilization of mineral and coal.

Article 103.,, (1) the holder of an IUP production operation IUPK and debtor to do the processing and refining the results of mining in the country.
.,, (2) the holder of the IUP and IUPK as referred to in paragraph (1) may be processing and purifying results from mining and other IUPK IUP holder.
.,, (3) further Provisions regarding the increase in added value as referred to in article 102 as well as processing and refining referred to in subsection (2) is set by government regulations.
Article 104.,, (1) for the processing and refining, production and Operation of an IUP holder IUPK production operations as referred to in article 103 can conduct cooperation with business entities, cooperatives, or an individual who has been granted the IUP or IUPK.
., (2), IUP earned a business entity as referred to in subsection (1) is the IUP production operation specific to processing and refining, issued by the Minister, the Governor, bupati/walikota in accordance with those powers.
.,, (3) the holder of the IUP and IUPK as referred to in paragraph (1) do the processing and refining of the result mining that has no IUP, IPR, or IUPK.
Article 105.,, (1) business entities that do not move in the mining business that intends to sell minerals and/or coal that tergali obliged to first have an IUP production operation for sales.
.,, (2) IUP as referred to in paragraph (1) can only be awarded to one (1) time of sale by the Minister, Governors, or bupati/walikota in accordance with those powers.
.,, (3) Mineral or coal tergali and will be sold as referred to in paragraph (1) are a production levy.
.,, (4) the business entity as referred to in paragraph (1) and paragraph (2) is obligated to report the proceeds of minerals and/or coal tergali to the Minister, Governors, or bupati/walikota in accordance with those powers.
Article 106 the holder of IUP and IUPK should give priority to the utilization of local labor, goods, and services in the country in accordance with the provisions of the legislation.

Article 107 in conducting the activities of production operations, business entities and the mandatory IUPK IUP holders include local businessmen who are in the area in accordance with the provisions of the legislation.

Article 108.,, (1) the holder of the IUP and IUPK compulsory drafting program development and community empowerment.
.,, (2) the preparation of the program and the plan referred to in paragraph (1) should be referred to the Government, local governments, and communities.
Article 109 of the provisions on the implementation of the development and empowerment of communities as stipulated in article 108 is set by government regulations.

Article 110 and the mandatory IUPK IUP Holder submit all data obtained from the results of the exploration and production operations to the Minister, Governors, or bupati/walikota in accordance with those powers.

Article 111.,, (1) the holder of the IUP and IUPK required to provide periodic written reports over the work plan and implementation of the business activities of the mining of minerals and coal to the Minister, Governors, or bupati/walikota in accordance with those powers.
.,, (2) further Provisions regarding the form, type, time, and the procedures for submission of the report referred to in subsection (1) is set by government regulations.
Article 112.,, (1) After 5 (five) years of production, the business entity holder of IUP and IUPK owned by foreign mandatory divest shares in Government, local authorities, State-owned enterprises, regional, or national private business entities.
.,, (2) further Provisions concerning the divestment of shares referred to in subsection (1) is set by government regulations.
CHAPTER XIV TEMPORARY SUSPENSION of ACTIVITY LICENCES and SPECIAL LICENCES Article 113.,, (1) temporary suspension of mining business activities can be given to the holder of the IUP and IUPK in case of:.,, a. kahar;.,, b. circumstances that preclude giving rise to termination of part or all of mining business activities;
.,, c. in power environment support the region cannot bear the burden of production operation activity resources mineral and/or coal that was performed in its territory.
.,, (2) the temporary suspension of mining business activities as intended in paragraph (1) does not reduce the validity period of an IUP or IUPK.
.,, (3) the petition for temporary suspension of mining business activities as intended in paragraph (1) letter a and letter b was delivered to the Minister, Governors, or bupati/walikota in accordance with those powers.
.,, (4) the suspension referred to in subsection (1) the letter c can be performed by the Inspector of mines or made on the basis of the petition of the community to the Minister, Governors, or bupati/walikota in accordance with those powers.
.,, (5) the Minister, Governors, or bupati/walikota in accordance with its written decision issued mandatory accepted or rejected accompanied the reason upon application as referred to in paragraph (3) most longer than 30 (thirty) days from receiving the petition.
Article 114.,, (1) a period of temporary suspension due to circumstances of kahar and/or circumstances that hinder as stipulated in article 113 paragraph (1) was given the longest one (1) year and may be extended at most 1 (one) time for 1 (one) year.
.,, (2) if within the time runs out before the suspension ends IUP holder and IUPK are ready to perform the operations, the activities in question obligatory reported to the Minister, Governors, or bupati/walikota in accordance with those powers.
.,, (3) the Minister, Governors, or bupati/walikota in accordance with its decision revoking the suspension after receiving a report referred to in subsection (2).
Article 115.,, (1) if suspension of mining business activities is granted because circumstances kahar as stipulated in article 113 paragraph (1) letter a, the obligations of the holder of the IUP and IUPK against the Government and local governments shall not apply.
.,, (2) if suspension of mining business activities is given because of the circumstances that obstruct mining business activities referred to in Section 113 subsection (1) letter b, the obligations of the holder of the IUP and IUPK against the Government and the local governments remain effective.
.,, (3) if suspension of mining business activities is given because of the condition of the environment area support resources as stipulated in article 113 paragraph (2) Letter c, the obligation of the holder of the IUP and IUPK against the Government and the local governments remain effective.
Article 116 the provisions on temporary suspension of mining business activities as referred to in article 113, article 114 Article 115, and regulated by government regulations.

CHAPTER XV The EXPIRY Of Licences And


SPECIAL LICENCES Article 117 IUP and IUPK ends because: a. returned;

b. repealed; or c. expires.

Article 118.,, (1) the holder of the IUP or IUPK can be handed back the IUP or his IUPK with a written statement to the Minister, Governors, or bupati/walikota correspond to those powers and accompanied by obvious reasons.
.,, (2) a refund of IUP or IUPK as referred to in paragraph (1) was declared invalid after approved by the Minister, Governors, or bupati/walikota correspond to those powers and after fulfilling their obligations.
Article 119 IUP or IUPK can be revoked by the Minister, Governors, or bupati/walikota correspond to those powers if:.,, a. holder of the IUP or IUPK does not meet the obligations set out in the IUP or IUPK as well as laws and regulations;
., b. or IUP holder IUPK do criminal acts referred to in this law; or c. an IUP holder or IUPK was declared bankrupt.

Article 120 in terms of a time period that is specified in the IUP and IUPK have been exhausted and no increase in petitions or extension of stage activity or the filing of the petition but did not meet the requirements, the IUPK ended and IUP.

Article 121.,, (1) the holder of a IUPK or IUP IUP his or his IUPK ends for the reasons referred to in Article 117, article 118, article 119 and article 120, is obligated to fulfill and complete liability in accordance with the provisions of the legislation.
.,, (2) the obligation of the holder of the IUP or IUPK as referred to in paragraph (1) is deemed to have been met after obtaining the approval of the Minister, Governors, or bupati/walikota in accordance with those powers.
Article 122.,, (1) the IUP or IUPK that have been reverted, revoked, or it expires as referred to in article 121 returned to the Minister, Governors, or bupati/walikota in accordance with those powers.
.,, (2) the IUP WIUP or WIUPK his or his IUPK ended as intended in paragraph (1) are offered to businesses, cooperatives, or sole proprietorship via the mechanism in accordance with the provisions of this Act.
Article 123 When IUP or IUPK expires, the holder of the IUP or IUPK obligatory submit all data obtained from the results of the exploration and production operations to the Minister, Governors, or bupati/walikota in accordance with those powers.

CHAPTER XVI Mining Services Business Article 124.,, (1) the holder of the IUP or IUPK mandatory use of local mining service companies and/or national.
.,, (2) in case there is no mining service companies as referred to in paragraph (1), the holder of the IUP or IUPK can use other mining services company incorporated the law of Indonesia. (3) type of business services include: mining, a.., consulting, planning, implementation, and testing equipment in the field of:.,, 1) public enquiry;

2) exploration;

3) feasibility study;

4) construction of mining;

5) transport;

6) mining environment;

7) pascatambang and reclamation; and/or 8), job safety and health. b. consultation, planning, and testing equipment in the field of:.,, 1) mining; or 2) processing and purification.
Article 125.,, (1) in the event that the holder of the IUP or IUPK using the services of mining, mining business activities responsibilities remain charged to the holder of the IUP or IUPK.
.,, (2) Implementing mining venture can be either a business entity or an individual, cooperative, in accordance with the classification and qualification which had been established by the Minister.
.,, (3) mandatory mining trade first priority for local labor and contractors.
Article 126.,, (1) the holder of the IUP or IUPK are prohibited from involving subsidiaries and/or its affiliates in the field of mining services business in the territory of the economically efficient mining business, except with the permission of the Minister.
.,, (2) the grant of permission of the Minister referred to in subsection (1) is carried out if:.,,.,, a. There is no mining services company of its kind in the region; or b. no mining service companies who are interested/able.
Article 127 further Provisions regarding the conduct of the business of mining services as stipulated in article 124, article 125 and article 126, set by regulation of the Minister.

CHAPTER XVII INCOME COUNTRIES and REGIONS Article 128.,, (1) the holder of the IUP or IUPK is obliged to pay state income and the income of the region.
.,, (2) state income referred to in subsection (1) consists of a tax receipt and acceptance of the State is not a tax. (3) a tax receipt as referred to in paragraph (2) composed of:.,,.,, a. taxes who become Government authority in accordance with the provisions of the legislation in the field of taxation; and b. the import duties and taxes.
.,, (4) tax instead of State Acceptance referred to in paragraph (2) composed of:.,, a. dues remain;

b. dues exploration;

c. the production levy; and d. compensation data information. (5) the income of the area referred to in subsection (1) consists of:.,, a. tax areas;

b. levy region; and, c.., other legitimate income based on the provisions of the legislation.
Article 129.,, (1) the holder of the IUPK production operations for mining minerals metals and coal is obliged to pay a 4% (four percent) to the Government and 6% (six percent) to local governments from the net gain since production.
.,, (2) the local government Section as referred to in subsection (1) is subject to the following:.,, a. Provincial Government got a part of 1% (one percent);.,, b.-producing district/city government got the part of 2.5% (two comma five percent); and, c. other district/city governments in the same province got the part of 2.5% (two comma five percent).
Article 130.,, (1) the holder of the IUP or IUPK are not charged tuition of production referred to in Article 128 paragraph (4) of the letters c and regional tax and levy the area referred to in Article 128 paragraph (5) above ground/rock that join the tergali at the time of mine.
.,, (2) the holder of the IUP or IUPK is a production levy referred to in Article 128 paragraph (4) of the letter c over the utilization of the soil/rock that join the tergali at the time of mine.
Article 131 the magnitude of tax and receiving State withheld taxes are not the holders of the IUP, IPR, or IUPK are set based on the provisions of the legislation.

Article 132.,, (1) the Quantity of the production levy rates are set based on the level of business, production, and prices of commodities mine.
.,, (2) contribution rate of production Quantities as referred to in paragraph (1) established on the basis of the provisions of the legislation.
Article 133.,, (1) the acceptance of the State instead of the tax referred to in Article 128 paragraph (4) is a State and regional income Division is assigned based on the provisions of the legislation.
.,, (2) the acceptance of the State rather than a part of the regional tax paid directly to regional treasuries every 3 (three) months after deposited into the State Treasury.
CHAPTER XVIII USE of LAND for MINING BUSINESS ACTIVITIES Article 134.,, (1) the right to WIUP, WPR, or WIUPK do not include rights to the land surface of the Earth.
.,, (2) mining business activities cannot be carried out at the place is forbidden to conduct mining business activities in accordance with the provisions of the legislation.
.,, (3) mining business activities as referred to in paragraph (2) may be carried out after obtaining permission from government agencies in accordance with the provisions of the legislation.
Article 135 Holder IUP Exploration or IUPK Exploration can only carry out its activities after obtaining the consent of the holder of rights to the land.

Article 136.,, (1) the holder of the IUP or IUPK before doing compulsory production operation activities complete the land rights with the holder of the right in accordance with the provisions of the legislation.
.,, (2) resolution of land rights as referred to in paragraph (1) may be made in stages according to the needs on the ground by the holder of the IUP or IUPK.
Article 137 IUP Holder or IUPK as referred to in article 136 and article 135 who have executed settlement against areas of land can be given land rights in accordance with the provisions of the legislation.

Article 138 the rights to IUP, IPR, or IUPK is not a possession of rights over the land.

CHAPTER XIX coaching, supervision, and PROTECTION of the COMMUNITY'S Considered Part of coaching and supervision Article 139.,, (1) the Minister is doing coaching against the Organization of management of mining business conducted by provincial governments and district/city governments in accordance with those powers. (2) the construction referred to in subsection (1) include the following:.,, a. granting guidelines and standards implementation management of mining business;

b. the grant guidance, supervision, and consultation;

c. education and training; and, d.., planning, research, development, monitoring, and evaluation of the implementation of the organizing efforts of mining in the field of mineral and coal.
.,, (3) the Minister may delegate to the Governor to do coaching against the holding of the management authority in the field of mining ventures as referred to in paragraph (1) are carried out by district/city governments.
.,, (4) the Minister, Governors, or bupati/walikota correspond to those powers responsible for doing the construction the implementation of mining business activities carried out by the holder of the IUP, IPR, or IUPK.
Article 140.,, (1) the Minister is to conduct surveillance against the Organization of management of mining business conducted by provincial governments and district/city governments in accordance with those powers.
.,, (2) the Minister may delegate to the Governor to conduct surveillance against the organizing authority of management in the field of mining ventures as referred to in paragraph (1) are carried out by district/city governments.

.,, (3) the Minister, Governors, and the bupati/walikota in accordance with those powers to conduct surveillance over execution of mining business activities carried out by the holder of the IUP, IPR, or IUPK.
Article 141 (1) Supervision as referred to in article 140, among other things, such as:., technical mining, a.;

b. marketing;

c. financial;

d. data processing of minerals and coal;

e. conservation of mineral and coal resources;

f. safety and health mining work;

g. safety of mining operations;

h. environmental management, reclamation, and pascatambang;.,, i. utilization of goods, services, technology, and engineering capabilities and architecture within the country; j. technical mining workforce development;

k. development and empowerment of local communities;

l. mastery, development, and application of technology of mining;.,, m. other activities in the field of mining business activities related to the public interest; n. management of IUP or IUPK; and o. quantity, type, quality and business results.
.,, (2) the supervision referred to in paragraph (1) letter a, letter e, letter f, letter g, letter h, and l was done by the Inspector of mines in accordance with the provisions of the legislation.
.,, (3) in the event that the regional Government of the province or a local government district/city do not have a mine Inspector, the Minister commissioned a mine inspectors already appointed perceived coaching and supervision as referred to in paragraph (2).
Article 142.,, (1) the Governor and the bupati/walikota mandatory reporting implementation of mining undertakings in its territory each at least once within 6 (six) months to the Minister.
.,, (2) the Government may give admonition to local governments if its implementation is not in accordance with the provisions of this Act and the provisions of other legislation.
Article 143.,, (1) the Bupati/walikota doing construction and supervision against mining ventures.
.,, (2) further Provisions concerning the construction and supervision of mines folk set with applicable local district/city.
Article 144 further Provisions concerning standards and procedures as well as construction supervision as referred to in article 139, article 140, article 141, article 142 and article 143 regulated with a government regulation.

The second part of article 145 Community Protection.,, (1) negatively affected Community directly from the mining business activities entitled:.,,.,, a. damages which deserve due to errors in the business of mining activities in accordance with the provisions of the legislation.
.,, b. filed a lawsuit to the Court against loss due to mining concessions which have violated the provisions.
.,, (2) the provisions concerning the protection of the community as referred to in paragraph (1) established on the basis of the provisions of the legislation.
CHAPTER XX RESEARCH and DEVELOPMENT AS WELL AS EDUCATION and TRAINING is considered Part of research and development Article 146 of the Government and the local government is obligated to carry out, encourage, and/or facilitate the implementation of the research and development of mineral and coal.

The second part of the education and training Section 147 of the Government and the local government is obligated to carry out, encourage, and/or facilitate the implementation of education and training in the field of mineral and coal business.

Article 148 of organizing education and training can be carried out by the Government, local government, private, and community.

CHAPTER XXI, Section 149. INVESTIGATION, (1) in addition to the investigating police officials of the Republic of Indonesia, officials of the civil servants that the scope of duties and responsibilities in the field of mining as a special investigator was authorized in accordance with the provisions of the legislation.
.,, (2) civil servant Investigators as intended in paragraph (1) are authorised:.,,.,, a. checks over the truth of the reports or information concerning criminal acts in mining business activities;
.,, b. do the examination of persons or entities suspected of committing criminal acts in mining business activities;
.,, c. calling and/or bringing forced people to be heard and examined as a witness or a suspect in criminal acts in mining business activities;
.,, d. searched the site and/or the means used to commit the alleged criminal acts in mining business activities;
.,, e. perform inspection of the facilities and infrastructure of mining business activities and stop using the equipment allegedly used to commit a criminal offence;
.,, f. seal and/or seize mining business activities are tools used to commit the crime as a means of proof;
.,, g. incurred and/or request the assistance of experts needed in relation to the proceeding criminal acts in mining business activities; and/or, h.., stop the investigation of things criminal acts in mining business activities.
Article 150.,, (1) civil servant Investigators as stipulated in article 149 can catch the perpetrators of criminal acts in mining business activities.
.,, (2) civil servant Investigators as intended in paragraph (1) notify the started investigation and submit the penyidikannya to police officials of the Republic of Indonesia in accordance with the provisions of the legislation.
.,, (3) civil servant Investigators as intended in paragraph (1) a mandatory stop penyidikannya in case there is not enough evidence and/or events does not constitute a criminal offence.
.,, (4) the exercise of the powers referred to in subsection (2) and paragraph (3) is carried out in accordance with the provisions of the legislation.
CHAPTER XXII ADMINISTRATIVE SANCTIONS of article 151.,, (1) the Minister, Governors, or bupati/walikota in accordance with its administrative sanctions to give eligible holders of IUP, IPR or IUPK for infringement of the provisions referred to in article 40, paragraph (3) of article 40 paragraph (5), article 41, article 43, article 71, article 70 paragraph (1), article 74 paragraph (4), section 74 subsection (2), article 81 paragraph (1) Article 93, paragraph (3), article 95, article 96, article 97 Article 98, article 99, Section 100, article 102, section 103, article 105, paragraph (3) of article 105 paragraph (4), article 107, section 108 subsection (1), article 110, article 111 paragraph (1), article 112 paragraph (1) of article 114, paragraph (2) of article 115, paragraph (2) of article 125, paragraph (3), section 126 subsection (1), article 128 paragraph (1) , Section 129 subsection (1), or article 130 paragraph (2). (2) administrative Sanctions referred to in paragraph (1) be:.,, a. a written warning;.,, b. temporary suspension of part or all of the activities of exploration or production operations; and/or c. repeal IUP, IPR, or IUPK.
Article 152 in terms of local Government does not implement the provisions as referred to in article 151 and the results of the evaluation conducted by the Minister as stipulated in article 6 paragraph (1) the letter j, the Minister may suspend and/or revoke the IUP or IPR in accordance with the provisions of the legislation.

Article 153 in terms of the local Government objected against the temporary suspension and/or revocation of IUP and IPR by the Minister as stipulated in article 152, the local government may file objections in accordance with the provisions of the legislation.

Article 154 any disputes that arise in the implementation of the IUP, IPR, or IUPK resolved through Court and arbitration within the country in accordance with the provisions of the legislation.

Article 155 all the legal consequences that arise due to suspension and/or revocation of IUP, IPR or IUPK as referred to in article 151 paragraph (2) letter b and the letter c is completed in accordance with the provisions of the legislation.

Article 156 further Provisions regarding the procedures for the implementation of administrative sanctions as stipulated in article 151 Article 152 and regulated with a government regulation.

Article 157 local governments that do not meet the conditions referred to in article 5 paragraph (4) is the administrative sanction in the form of a temporary withdrawal of the authority over the management of mineral and coal mining business.

CHAPTER XXIII of CRIMINAL PROVISIONS Article 158 any person doing business without mining IUP, IPR or IUPK as referred to in article 37, article 40 paragraph (3), article 48, article 67, paragraph (1) of article 74 paragraph (1) or subsection (5) are convicted with imprisonment of not longer than 10 (ten) years and a maximum fine of Rp RP 10.000.000.000 (ten billion rupiah).

Article 159 the holder of the IPR, or IUP IUPK who deliberately submit a report as referred to in article 43 paragraph (1), article 70 of the letter e, section 81 subsection (1), article 105 paragraph (4), article 110, Article 111 or subsection (1) with incorrect or false captions convey are convicted with imprisonment of not longer than 10 (ten) years and a maximum fine of Rp RP 10.000.000.000 (ten billion rupiah).

Article 160.,, (1) any person who conducts exploration without having the IUP or IUPK as referred to in article 37 or article 74 paragraph (1) are convicted by criminal confinement of not longer than 1 (one) year or a fine of at most rp200 (two hundred million rupiah).
.,, (2) any person who has an IUP Exploration production operation activities but are convicted with imprisonment not more than 5 (five) years and a maximum fine of Rp RP 10.000.000.000 (ten billion rupiah).

Article 161 Per person or holder of IUP production operation or production operation that housed IUPK, harness, perform processing and refining, transporting, sale of minerals and coal that is not from the holder of the IUP, IUPK, or consent as stipulated in article 37, article 40 paragraph (3), article 43 paragraph (2), article 48, article 67, paragraph (1) of article 74 paragraph (1), article 81 paragraph (2) of article 103, paragraph (2) Article 104, paragraph (3), or article 105 paragraph (1) are convicted with imprisonment of not longer than 10 (ten) years and a maximum fine of Rp RP 10.000.000.000 (ten billion rupiah).

Article 162 any person who hinders or disturbs the mining business activities of the holder of the IUP or IUPK who have met the requirements as stipulated in article 136 paragraph (2) are convicted by criminal confinement of not longer than 1 (one) year or a maximum fine of Rp RP 100,000,000 (one hundred million rupiah).

Article 163.,, (1) in case of the criminal offence referred to in this chapter are carried out by a legal entity, in addition to imprisonment and fines against its administrator, a criminal can be dropped against those legal entities in the form of criminal fines with pemberatan plus 1/3 (one in three) times the maximum criminal penalty of provisions that were dropped.
.,, (2) in addition to criminal fines as referred to in paragraph (1), a legal entity may be subject to additional criminal be:.,, a. revocation of business license; and/or b. revocation status of a legal entity.
Article 164 in addition to the provisions referred to in Article 158, article 159, article 160, section 161 and section 162 to the perpetrator of a criminal offence may be subject to additional criminal be: a. expropriation of goods used in committing a criminal offence;

b. appropriation of profits gained from criminal acts; and/or c. obligations to pay costs incurred due to criminal acts.

Article 165 any person issuing the IUP, IPR or IUPK contrary to this law and abusing those powers were given criminal sanctions of not longer than 2 (two) years in prison and a fine of at most rp200 (two hundred million rupiah).

CHAPTER XXIV miscellaneous PROVISIONS Article 166 Any problem that arises against the implementation of IPR, IUP, or IUPK related to environmental impact completed in accordance with the provisions of the legislation.

Article 167 WP is managed by the Minister of information in a system of national integrated WP to do made about coordinate systems and map publishing basics in WUP, WIUP, WPR, WPN, WUPK, and WIUPK.

Article 168 to increase investments in the field of mining, the Government can provide relief and tax facilities in accordance with the provisions of the legislation unless specified in the IUP or IUPK.

CHAPTER XXV a TRANSITIONAL PROVISIONS Article 169 at the time this law comes into force:.,, a. Contract of works and the Covenant of works concessions of coal mining that had existed prior to the enactment of this Act remain in force until the expiration of the period of the contract/agreement.
.,, b. conditions set forth in article of the contract works and coal mining concessions of works agreements as referred to in letter a adjusted no later than one (1) year after the Act is enacted unless the reception countries.
.,, c. exceptions to the admission of the State referred to in subparagraph b is increased acceptance of State efforts.
Article 170 of the holder of the contract works as referred to in article 169 of the already obligatory purification production as referred to in article 103 paragraph (1) not later than 5 (five) years since this legislation enacted.

Article 171.,, (1) the holder of a contract of works and the Covenant of works concessions of coal mining as intended by article 169 that have done the stages of exploration activities, feasibility study, construction, or production operations at the latest 1 (one) year since the enactment of this legislation should deliver a plan of activities in all areas of the contract/agreement until expiry of the period of the contract/agreement to get government approval.
.,, (2) in the case of the provisions referred to in subsection (1) are not met, the mining area which has been given to the holders of contracts of works and coal mining concessions of works agreements tailored to this legislation.
Article 172 Application of contract works and coal mining concessions of works agreements that have already been submitted to the Secretary at least one (1) year prior to the enactment of this legislation and already get a letter of approval or licence principle preliminary inquiry remains respected and can be processed its permissions without going through an auction based on this law.

CHAPTER XXVI the PROVISIONS of article 173, COVER, (1) at the time this law comes into force, law number 11 of 1967 concerning the provisions of principal mining (State Gazette of the Republic of Indonesia number 22 of 1967, an additional Sheet of the Republic of Indonesia Number 2831) revoked and declared inapplicable.
.,, (2) when this Act comes into force, all laws and regulations that are the rules of implementation of law number 11 of 1967 concerning the provisions of principal mining (State Gazette of the Republic of Indonesia number 22 of 1967, an additional Sheet of the Republic of Indonesia Number 2831) stated to still remain in force throughout does not conflict with the provisions of this Act.
Article 174 Regulations implementing this Act should have been set within 1 (one) year after the Act is enacted.

Article 175 of this Act comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this legislation with its placement in the State Gazette of the Republic of Indonesia.

.,, Enacted in Jakarta on January 12, 2009 the PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on January 12, 2009 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, ANDI MATTALATTA