Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)

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81 articles

Patent Norm Conflict on Trade-Related Aspect Intellectual Property Rights (TRIPs) in Mining Perspective

Anak Agung Sagung Ngurah Indradewi
Law No. 4 of 2009 on Minerals and Coal constitutes the legal basis of mining business activities in Indonesia, in which case foreign companies shall be subject to the provisions of Law Number 13 Year 2016 regarding Patents in the context of holders of mining patents. The provisions of Article 20 paragraph...

Energy Governance Through Local Extractive Industries Transparency Initiative (EITI)

Adi Kusumaningrum
The natural wealth of a state beneath the earth’s surface, such as mineral, natural gas, coal and petroleum are the main factor of the existence of the term of "Extractive Industry". Considering that natural wealth including extractive industries is one of the main sectors for the economic development,...

Shifting Informal Actors of Traditional Miners into Formal: Case Study Pasaman, West Sumatera

Benny Oktis Yanurwenda
The paper examines the issue about traditional miners as a part of complicated problems in mining sector. There are the potential conflict in operational level caused by granting mining license to the mining sites where traditional miners exploiting the resources. It is the needs to reduce the conflict...

Managing the Dispute Resolution Process in the Energy and Mining Sectors

Choong Yeow Choy
This paper examines two major aspects of the law and policy relating to the international legal system on international investment. The first concerns the objectives and rationale of the international instruments, namely, investment treaties that apply to and underpin international investment law. The...

Change of Mining Business Working Agreements into Special Mining Business Licenses Under the Indonesian Mining Law

Hanif Nur Widhiyanti, Talitha V. Sahaly
The creation of Law Number 4 of Year 2009 on the Mining of Minerals and Coal (Indonesia Mining Law) has caused changes to occur on Mining Business Working Agreements, turning them into Special Mining Business Licenses, which is quite significant and has brought up several issues. Several of these changes...

Construction of the Principle of Partisanship to the Interests of the Nation on Mineral and Coal Mining Law

Hudriyah Mundzir, Prof Sudarsono, Rachmad Safa'at, Dr. Istislam
Law politics is a legal policy on regulation that will be put into effect by writing new regulations or replacing the old ones in order to achieve national goals. Law politics on coal, mineral and mining act supporting nation interest may impel different interpretation on prevailing regulation of coal,...

The Application of Local Law in Marine Environment Conservation

I Nyoman Putu Budiartha, I Wayan Rideng, Ida Ayu Putu Widiati
Local law formulates the rules as a life guide to behave in life in the community of indigenous village area, especially in preserving marine environment in Bali. This paper analyzes the provisions of local law, in the form of awig-awig (customary law) which regulates the conservation of the marine environment,...

Post Mining Land Reclamation Reviewed from Government Regulation No 78 Year 2010 about Reclamtion and Post Mining Study Implementation of Reclamation (PT Dian Rana Petro Jasa) on Regency of South Sumatra Province

Imam Karyono, Faisal Santiago
This writing aims to conduct a study on the implementation of Government Regulation No.78 Year 2010 on Reclamation and Post-mining on post mining land PT. Dian Rana Petro Jasa in Lahat Regency of South Sumatera Province. Coal mining in Lahat Regency has a positive impact and negative impact. The issue...

Reconstruction and Institutional Sovereignty of Oil and Gas Mining Management Based on Access to Justice

Imam Koeswahyono
The legal issues are related to how the state sovereignty in terms of planning, implementation, control, and evaluation over exploration and exploitation by investors is implemented according to the principles of the power of the state in mining regions. What arises as a problem is how the freedom of...

Judicial Analysis of Energy Management Regulation in the Local Level After the Enactment of Act Number 23 Year 2014 on Local Government in Indonesia

Indah Dwi Qurbani
In the past, policies on energy has always considered that the abundance of energy resources must be utilized in an optimizing manner. Whereas energy is classified as a limited natural resource and economically valuable therefore there is a need of certain awarenenss and care in exploiting it. In response...

Realising Good Governance Through Legal Principles in Oil Mining Management in Cepu Block in Bojonegoro

Ms Irnawati
This paper is aimed to analyse the realisation of good governance through the legal principles concerning oil mining management in Cepu Block Bojonegoro. As the oil mining management in Cepu Block is prone to conflict in government either vertically or horizontally, this paper discusses how to realise...

Land Rights Disputes Between Landowners And Mining Companies : A Case Study In Banyuwangi Regency, East Java, Indonesia

Iwan Permadi, Reka Dewantara
This article explores an issue where the mining company as the owner of the right to mining remains unable to directly extract mining products from within the land or mine without the consent of the landowner or the holder of the land rights despite the fact that the mining company holds a Mining Business...

Legal Enforcement on Environment Pollution in Elegant Gold Mining Activities

Lisda Syamsumardian
Illegal mining cases in Indonesia, of course, require a law enforcement under applicable legislation to eradicate and provide a deterrent effect against illegal mining actors, in connection with efforts to protect the environment from pollution and destruction caused by illegal mining. Community activities...

Mining Community Empowerment (A Study in Mine-Producing Areas of East Java Province, Indonesia)

Muhammad Lukman Hakim, Sihabudin
East Java is a province rich of oil and gas resources with total reserves of 249,19 million barrels of oil and 4,32 TCF of gas. Some oil and gas mining companies operating in large scales in the area of East Java, among others are; Exxon Mobil Oil, Pertamina, Santos, Petrochina, and Indo-Pacific. This...

Quality and Validity Examination of Academic Paper in the Legislation of Local Regulation about Mining Management and Business

Muhammad Dahlan, Herlin Wijayati
At present the main challenges faced by governments and local governments in mineral and coal mining are the influence of global interests that drive democratization, regional autonomy, human rights, the environment, technological and information development, intellectual property rights and demands...

Indonesia Employees Mining Facing International Economic Era

Mr Mustajir, Faisal Santiago
The ASEAN Economic Community (AEC) is one of the pillars of the realization of ASEAN Vision, together with the ASEAN Security Community (ASC) and ASEAN Socio-Cultural Community (ASCC). AEC is the ultimate goal of economic integration as stated in ASEAN Vision 2020. The establishment of the AEC is conducted...

Mastery of Mining on Ulayat Land / Indigenous Land

Putu Dyatmikawati
Law no. 4 of 2009 on mineral and coal mining in its consideration states that "the minerals and coal contained in the territory of Indonesian mining law are non-renewable natural resources, therefore the management must be controlled by the State to provide real added value to the national economy" The...

The Role Of Indigenous Peoples In North Maluku In Maintaining Environmental Sustainability

Mr. Samian, Faisal Santiago
Indigenous peoples and local communities are among the best environmental guards. Their livelihoods and culture depend on forests, clean water and other natural resources, so they have high motivation to manage their land sustainably. The problems raised by this research: how is the effectiveness of...

Law Enforcement Mining in Indonesia Environmental Law Perspective

Mr. Saproni, Faisal Santiago
Mining is one of the main sectors of foreign exchange revenues that have potential nili compared to other sectors, in addition to providing positive impacts in various fields of economic, social-cultural and environmental impacts, but also raises some of the problems that can not be avoided is environmental...

Use of Foreign Workers in the Mining Sector

Adnan Hamid
Article 27 paragraph (2) of the 1945 Constitution, states that "every citizen has the right to work and livelihood that is suitable for humanity". This article means that the State is obliged to provide employment for its citizens by giving the widest possible opportunity to its citizens to obtain employment....

The Problem of the Implementation of Criminal Certification on Corporate Social Responsibility (CSR) on Business Conduct in Mining in Indonesia

Bambang Eryanto Hermawan
The nature and certainty of law in determining the existence of a government's initiative towards Corporate Social Responsibility (CSR) is to ensure in that action the existence of a social principle and environmental protection that must be regulated legally. Of course, there is an implication which...

Corruption: Does Environmental Damage Constitute State’s Financial Loss?

Bambang Sugiri, Alfons Zakaria
The purpose of this paper is to analyze the equalization of environmental damage with the financial loss of the State by the KPK’s prosecutor in indicting the perpetrators of corruption charged under article 2 and 3 of Act No. 31 Year 1999. The decision of the Corruption Court in Nur Alam case stating...

Weak Regulations and Application of Mining Laws that Are Not Profitable for Countries or Locations of Community Mining

Diana Ria Winanti Napitupulu, Bambang Eryanto Hermawan
In mineral and coal mining businesses have an important role in providing significant added value to national economic growth and sustainable regional development, whose implementation is still constrained authority between central and local government, licensing, processing and refining, protection...

The Law Enforcement Dilemma on Illegal Mining in South Kalimantan

Endah Labati Silapurna
The existence of the mining sector such as coal mining for example, as one of the nonrenewable resources is needed to support mining activities. The mining sector located along the Meratus mountains in the forests of Borneo on one hand has economic benefits, but on the other it can cause various environmental...

The Protection of Mining Area in the time of Armed Conflict

Fransiska Ayulistya Susanto, Herman Suryokumoro
This paper offers the analysis of the Protection of the Mining area in the time of armed conflict under the perspective of International law and especially international humanitarian law. It argues that mining area is protected area under the International humanitarian law as protected object. However,...

Reformulation of Corporate Criminal Sanction in the Mining Business Activities

Idris Wasahua
This paper aims to analyze how the regulation of corporate criminal sanctions in the current mining sector. This is because corporate criminal sanctions in the mining sector are regulated in various laws differently. In addition, it will also be analyzed how the current corporate criminal sanctions have...

Disputes and Solution Mining Business License in The State Administrative Courts

Jeanny H.V Hutauruk
Administrative court as one of the executive power also in charge of Justice to examine, decide and resolve disputes State Administration. In the State Administration dispute also known licensing dispute which is also the State Administration dispute, licensing dispute arising in governance will influence...

Implication of Artisanal Mining in Indonesia in the Mining Minoral Perspective

M. Rochman, Faisal Santiago
Mining is a business that always gives big enough profit for a country that has natural resource-rich nature. Indonesia is a country rich in natural resources, Indonesia guarantees in Article 33 Paragraph (3) Undang Undang Dasar Negara Republik Indonesia Tahun 1945 (UUD NRI Tahun 1945) that natural resources...

Local Government and Illegal Drilling

Marsudi Utoyo
Until early 2018, the Ministry of ESDM noted, the number of old oil wells Indonesia there are 13,824 wells. The Government of Indonesia offers the management of the old wells to the Regional Owned Enterprises and the Village Unit Cooperatives. But still minimal interest BUMD and KUD to manage the old...

The Utilization of ex-Mining Area as an Unique Tourism Object

Nur Aida, Moh Taufik Husni, Muhani Jibi
Mining areas have been damaged by mining activities, and structurally damaged so that they can no longer be utilized as a result of mining. However, it can still be done utilization efforts by changing the status of its management into something that can benefit the community and the country. This effort...

The Emergence of Access to Environmental Justice in Indonesia (A Case Study on Mining for Cement in Kendeng Mountains)

Prischa Listiningrum, Rizqi Bachtiar
This paper aims to analyze the recognition of access to environmental justice in Indonesia with a case study on mining for cement located in Kendeng Mountains. As mining is commonly known to have significant harmful effects to rural activities, it is important to portray the current rules of public engagement...

The Effect of Cost Recovery Mechanism in Production Sharing Contract (PSC) in Oil and Gas Industry in Indonesia

Patricia Audrey Ruslijanto, Ms Ikaningtyas, Rika Kurniaty
This paper aims to explain the normative rules relating to cost recovery as a basis for profit sharing between the government and the contractors in oil and gas agreements, and the implementation of those agreements. As the exploration and exploitation of oil and gas is a strategic industry for Indonesia,...

Renewable Energy Investment in Thailand and Vietnam from a Legal Perspective

Piti Eiamchamroonlarp
Investments are expected to significantly contribute to the growth of the renewable energy industries in Thailand and Vietnam. From the business and financial perspectives, a solid legal framework appears essential for the investors. On the one hand, it should serve as a legal basis addressing how the...

Legal Protection for Consumers of Nitrogen Gas Users (Case Study of Inefficient Medical Gas)

Rospita Adelina Siregar
Nitrogen is gas-shaped chemical element, symbolized with the letter N and its atomic number is 7. Nitrogen is colorless, odorless, flavorless gas, as well as diatomic gas which is difficult to react with other elements or compounds, forming Nitrous Oxide Medical Gas (N2O), in the medical field is used...

Principle Of Freedom Of Contract In Public Contract

Rumi Suwardiyati, Setiawan Wicaksono, Ranitya Ganindha
Freedom of contract is embedded to each individual involved in a contract making. When it is related to a contract between government and its partner, the contract should bring equity and justice to both parties, and no one should be harmed or disadvantaged. This is categorised as normative juridical...

Challenge of the Director of Pertamina in the Implementation of Corporate’s Independence Principles and the Legal Doctrine Fiduciary Duty

Try Widiyono
On April 11, 2018 PT Pertamina (Persero) had acquired State shares in PT National gas Company. Thus Pertamina has completed corporate action to become Oil and Gas Holding. Pertamina is a State-Owned Enterprise (BUMN) in the form of Limited Liability Company which is subject to Law Number 40 year 2007...

Mineral Business Permits and its Legal Implications to Improve Welfare of Indonesian People

Mr Untoro, Ms Farhana, Hamdan Azhar Siregar
Permission terminology is distinguished by the terminology of mining power. This terminology changes in line with the issuance of Law No. 4 of 2009 on Mineral and Coal Mining which replaces Law Number 11 Year 1967 on Basic Provisions of Mining. The implication is that the licensor can no longer easily...

Complete Settlement Disputes to Content of the Mining Divestment Agreement (Case Study of Indonesian Government and Newmont Nusa Tenggara in Arbitration)

Uyan Wiryadi, Faisal Santiago
One area of concern to foreign investors in terms of investing in Indonesia is the mining sector. To that end, the government seeks to direct and manage the natural resources that are included in the mining business field. Mining business fields include petroleum, natural gas, coal, metals, tin, iron...

Regulation to Mining’s Labors

H. Abustan, Teuku Saiful Bahri Johan, Otom Mustomi, Siti Miskiah
The role of law in the context of employment is something that can protect and as a form of government responsibility in protecting citizens (State responsibility to protect), provide security, peace and orderly to achieve prosperity and justice of each person. In the context of this study, it is not...

Utilization of Natural Resources in the Mining Sector Related to the State Welfare

Hamdan Azhar Siregar, Mr Untoro, Teuku Saiful Bahri
Indonesia has a huge of natural resources such as mining, plantation, forestry, marine, these natural resources should be able to change the life of society as a whole. The state has not been able to utilize its natural wealth maximally. It can be seen that the sectors mentioned above have not been managed...

The Urgency of Human Rights Audit on Mining Company in Indonesia

Hikmatul Ula
Mining companies have the potential to violate human rights in conducting their business activities. The United Nations has issued Guide Line Principles in the business and human rights which essentially implements the principle of protection, respect and remedy of human rights issues. In the un-guidelines...

Mining the International Guidance on Mining

John Southalan
The last five years have produced many reports and guidance on how mining should occur to better balance its broader benefits and impacts. There are copious recommendations for government regulation and also for responsible company conduct. This article summarises the main documents here, together with...

Law Enforcement of Foreign Workers Abusing Immigration Residence Permit: Case Studies on Energy and Mining Companies

M. Alvi Syahrin, Irsan
The development of globalization brings various impacts on labour and immigration law in Indonesia. The most frequent immigration violations are the abuse of immigration residence permits by foreign workers, especially in energy and mining companies. The Turnkey Project Mangement between Indonesia and...

A Legal Analysis of Governing New Energy Related-Technology through Public and Private Regulations in Indonesia

Puji Atma
The shortage of electric power, the decline in oil and gas reserves and the impacts of climate change are among the issues affecting the Indonesian energy sector. New energy related-technology therefore needs to be adopted to address these issues. However, as a civil law system country and because of...

Indonesia’s Transformation to Gross Split Contract: an Evaluation of Energy Worker Regulation

Ranitya Ganindha, Setiawan Wicaksono, A.A.A. Nanda Saraswati
This paper aims to analyze the evaluation of the energy worker regulation that has been transformed to gross split contract. As the Government of Indonesia changed the PSC scheme with cost recovery to the scheme of gross split revenue contract through the Regulation of Minister of Energy and Mineral...

The Rights of Compensation to Community for Land Used for Mining Business According to Law Number 2 Year 2012 Regarding Land Procurement for Development and Public Interests

Ms Ritawati, Otom Mustomi, Ms. Fatimah
With the enactment of Law No. 2 year 2012 on Land Procurement for Public Interest and Development, it raises the issue of agrarian conflict specifically for mineral and coal mining areas. It makes the right of the people in a weak position, where the community must move out of their land area of ownership...

Reforming Energy Law at a National Level

Raphael J Heffron
This short chapter provides a brief introduction to the key steps of how to reform energy law. Initially, there is a need to understand energy law and its origin and its relationship with other disciplines through the energy life-cycle. Then the article details the drivers of energy law, four recent...

The Emergency of Authority on the Supervision of Old Wells Mining Policy in Indonesia

Shinta Hadiyantina, Nandaru Ramadhan
The old well drilled before 1970. Until now, there are still old wells that remain active for removing petroleum. The management of the old well is the authority of the central government. Ministry of Energy and Mineral Resources regulates the management of wells by issuing Regulation of the Minister...

The Indonesian Government’s Legal Policy on Mineral and Coal Sector

T. Saiful Bahri Johan
Legal Policy on mineral mining and coal has provided protection to the people and the nation as a form of state partiality to the nation's interests based on the constitution. The enactment of Law No. 4 of 2009 on Mineral and Coal Mining and Law No. 23 of 2014 on Regional Government greatly impact on...

Implications of Regional Autonomy for National and Local Coal Mining Development Companies: Case Study of The closure of PT. BA-UPO in Sawah Lunto, West Sumatra

Ade Saptomo
This paper aims to analyze the relationship between the implementation of regional autonomy policy with the National Coal Mining Company and the emergence of the Local Coal Mining Company in Indonesia with a particular case study on the case of coal for mentioned Coal located in Sawah Lunto, West Sumatra....