SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 29, 2004 | FORESTRY. Conservation. Sheltered. Production. Flora. Fauna. Topography. (An explanation in the Additional Gazette of the Republic of Indonesia No. 4374) |
RULE REPLACEMENT GOVERNMENT REGULATION
No. 1 YEAR 2004
ABOUT
THE CHANGES TO THE LAW NUMBER 41 IN 1999
ABOUT FORESTRY
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that in the Law No. 41 of 1999 concerning Forestry does not govern regarding the viability of any existing mining or mining agreements prior to the enactment of the Act;
., b. that it raises legal uncertainty in an attempt in the field of mining in the forest area especially for investors who have had a permit or agreement before the enactment of the Act, so that it can place the Government. in a difficult position in developing the investment climate;
., c. that in the course of the creation of legal certainty in an effort in the field of mining that is in the forest area, and encouraged the interest and confidence of investors to strive in Indonesia, it is necessary to make changes to the Law No. 41 of 1999 on Forestry with the Government Regulation of the Act of undrauting;
.,, Given: 1. Section 22 of the paragraph (1) of the Basic Law of 1945 as amended by the Fourth Amendment of the Basic Law of 1945;
., 2. Law No. 41 of 1999 on Forestry (sheet of state of the Republic of Indonesia in 1999 No. 167, Additional Gazette State Number 3888);
DECIDED:
.,, SET: A REGULATION OF THE GOVERNMENT ' S REPLACEMENT LAWS ON THE CHANGES TO THE LAW NUMBER 41 OF 1999 CONCERNING FORESTRY.
Section 1
Adds new provisions in the Ending Chapter being made Article 83A and Section 83B, which reads as follows:
" Article 83A
All permits or agreements in the field of mining in the forest area that have existed before the enactment of Law No. 41 of 1999 on Forestry are declared to remain in effect until the end of the permit or the intended agreement. "
" Article 83B
Further implementation of the provisions as referred to in Article 83A is set with the Presidential Decree. "
Section II
The Replacement Government rule of this Act came into effect on the promulgated date.
In order for everyone to know, order the Government Regulation inviters of this Act with its placement in the State Sheet of the Republic of Indonesia.
.,, Set in Jakarta
on March 11, 2004
PRESIDENT OF THE REPUBLIC OF INDONESIA,
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta
on March 11, 2004
STATE SECRETARY OF THE REPUBLIC OF INDONESIA,
BAMBANG KESOWO
ADDITIONAL
STATE SHEET RI
| No. 4374 | (Explanation Of 2004 State Sheet Number 29) |
EXPLANATION
Above
GOVERNMENT ORDINANCE REPLACEMENT OF THE REPUBLIC OF INDONESIA LAW
No. 1 YEAR 2004
ABOUT
CHANGE OVER
LAW NUMBER 41 IN 1999
ABOUT THE FORESIGHT
UMUM
., with the enactment of Law No. 41 of 1999 on Forestry, has incur legal uncertainty in attempted in the field of mining in the forest area especially for permit holders or agreements before the enactment of the Act That. Such uncertainty occurs, as in the provisions of the Act there is no provision that permits or agreements in the field of mining that are in the forest area that have existed before the enactment of the Act. It stays true. The absence of such provision resulted in the status of the existing permits or agreements before the enactment of the Act becomes unclear and may even be interpreted to be no longer applicable. This is reinforced by the provisions of Article 38 of the verse (4), which explicitly states that the protected forest is prohibited from mining with open mining patterns. Such provisions should only apply after the enactment of the Act and not recede.
.,, the uncertainty of the law in conducting mining efforts in the forest area may result in the Government being in a difficult position in developing an investment climate.
.,, in relation to it, is seen as necessary to amend Law No. 41 of 1999 on Forestry with the Regulation of Government Replacement Act. The change is to add to the provision that all permits or agreements in the field of mining that have existed before the enactment of Law No. 41 of 1999 on Forestry are declared to remain in effect until the end of the permit or The treaty meant Because of the type and number of permits and such agreements still require research by the relevant Ministers, then further implementation of the policy is established with the Presidential Decree.
SECTION BY SECTION
Section I
.,, pretty clear.
Section II
.,, pretty clear.
