GOVERNANCE IN MINERAL AND COAL MINING in INDONESIA

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GOVERNANCE IN MINERAL AND COAL MINING PanelistIN on Launching of Regional Framework on INDONESIA Extractive Industries Government Dr R Sukhyar (Director General of Mineral and Coal) Ritz Carlton Hotel, November 28th, 2014 DIRECTORATE GENERAL MINERAL AND COAL MINISTRY OF ENERGY AND MINERAL RESOURCES OUTLINE I BACKGROUND II GOVERNANCE CONCEPT IN MINERAL RESOURCES DEVELOPMENT III CURRENT CONDITION IV INDONESIAN MINING POLICY V INVESTMENT OPPORTUNITY VI CLOSING REMARKS I BACKGROUND CONSTITUTION OF THE REPUBLIC OF INDONESIA IN1945 ARTICLE 33 PARAGRAPH (3): Land and water and the natural riches contained therein controlled by the state and used for the people's welfare GOVERNMENT FUNCTION In the context with the execution of mineral right of the State, the Government has functions as follows • • • • • Policy setting Regulating Licensing Supervising Overseeing and monitoring Shifting of Paradigm Development of Natural Resources Old Paradigm New Paradigm Exploitative, Resources for Revenue Resources for Sustainable Development: pro growth, pro job, pro poor , pro environtment Demand Driven Resource Management I BACKGROUND (2) MINERAL ISSUES, EVOLUTION PRECESS AND CONCERN ON SUSTAINABLE DEVELOPMENT Sumber : Suslick & Machado, 2001; Shields & Solar, 2006) “Mining activity must be in line with sustainable development principle” II GOVERNANCE CONCEPT AND STAKEHOLDERS IN MINING II CONCEPT OF GOVERNANCE (1) CONCEPT OF GOVERNANCE Go ve rnanc e in mine ral re s o urc e s de ve lo pme nt is defined as a s ys te m o pe rating in ac c o rdanc e to the e ffe c tive and e ffic ie nt po lic y, law and re g ulatio n whic h inte r-c o nne c ts s take ho lde rs with diffe re nt func tio ns fo r the be ne fit o f pe o ple ’s pro s pe rity at larg e Every stakeholder must act and perform its function in accordance to the principles of trans pare nc y, re s po ns ibility, ac c o untability and fairne s s MINING STAKEHOLDER IN INDONESIA MForest Regent Police Governor MTransport MWorker Nuclear Agency Ministry of Communication MEMR AS PRINCIPAL OF MINING LICENSE MJustice and Law MPublic Worker MFinance MTrade Oil and Gas Company MDefence MSpetial Planning Investment Board Continuous Improvement if MEMR as Principle of Mining License: Streamlining approvals Strong coordination among agencies, government up hold the MEMR as the principal Simplification of procedures in Bureaucracy Government effort for 5.6 MINING POLICY DIRECTION Implement fulfillment priority of coal for domestic needs Provide certainty and transparency in the activities of mining (Mining Law supporting regulations, sanctions violations, etc.) POLICY DIRECTION To implement supervision and guidance To encourage the increase of investment and revenue To encourage the development of value added products of mining commodity (eg processing, refining, local content, local expenditure, labor and CSR) To maintain environmental sustainability through environmental management and monitoring (including reclamation and post-mining) 5.7 MINERAL POLICY AFTER GOVERNMENT REGULATION Ore / raw m ate rial can not be exported 1/2014 Holders of IUP Operation Production of mineral (metal, non-metal, and rocks) may export a certain amount of processing product that have met the minimum limit processing Holders of Contract of Works who have been doing refining works can sell abroad a number of its processing products Processing products of metallic mineral that can still be sold abroad, namely copper concentrates, iron concentrates, iron sand concentrate / pellets, manganese concentrate, lead concentrate and zinc concentrate However, these kind of commoditities can only be sold abroad until refining facility is completed no later than three (3) years from the promulgation of this Regulation Minimum quality of processing and refining has been actively consulted with universities, research institutions, and business associations, as well as relevant ministries and agencies The minimum quality has been written in the Minister of Energy and Mineral Resources No of 2014 on Added Value Through Mineral Processing and Refining Mineral in the country Other mineral commodities, such as: tin, nickel, bauxite, gold and silver can only be sold abroad after the refining It should be born in mind that those minerals have been refined well before the Law of 2009 issuance 5.8 MINISTER of EMR DECREE NO.1 YEAR 2014 Products resulting from PROCES S ING METALLIC MINERAL that can be exported are: copper concentrate, iron concentrate, iron sand concentrate/pellet, manganese concentrate,lead concentarte and zinc concentrate Metallic mineral commodity such as tin, nickel, bauxite, gold, silver, and chromium ONLY can be exported after HAS BEEN REFINED Regulate minimum quality of processing and refining (Attachment : Metallic Mineral Commodity, Attachment : Non-metallic Mineral Commodity, Attachment : Aggregate/Stone Commodity) Contract of Work Holders, Metallic Mining Licence Holders which are in the production stage, afte r (thre e ) ye ar pe rio d since issuance of this Minister Decree, c an o nly export products that have been refined in accordance with minimum quality of refining as stated in this Minister Decree 5.9 MINERAL AND COAL DOWNSTREAM Be ne fic iatio n po lic y: without m ore downs tre am activitie s , Indone s ia will m is s the opportunity to incre as e e m ploym e nt and profit m argins on the value chain be caus e of the abs e nce of downs tre am proce Co ppe rs s ing indus trie s Co nc e ntrate Catho de s Ano de s Vario us Smelting (upstream) Mining Nic ke l Mining Mining Nic ke l matte , Fe rro nic ke l Nic ke l o re Hig h g rade nic ke l pro duc ts Iro n s te e l S me lting Iro n o re • Ore dre s s ing • Ag g lo me ratio n • Iro n making • S te e lmaking c as ting non-existing industry Smelting Refining Ye ar 2014 Refining Coal(downstream) End-User Upg rading Co nve rs io n Do wns tre am • Ho t fo rming • Co ld fo rming Finis he d pro duc t Applic atio ns Due date fo r adjus tme nt to minimum be ne fic iatio n re quire me nt Hig h-rank c o al •Ac tive c arbo n •Co king c o al •Gas ific atio n •Lique fac tio n VI ON GOING ACTIONS FOR IMPROVING MINING GOVERNANCE 6.1 ON GOING ACTIONS MANDATED BY MINING LAW No 4/2009 Renegotiation of Mining Contract Restructurisation of IUP Encouraging downstream processing and refinery Optimazing state revenue Establishment of Mining Area 6.2 DEVELOPMENT OF MINERBA ONE MAP INDONESIA (MOMI) MINERBA ONE MAP INDONESIA PEMILIK IUP/KK/P KP2B PEMDA M E T O KEMENHUT & LH D E DITJEN PAJAK P E N DITJEN ANGGARAN DITJEN BEA CUKAI C R A I DITJEN HUBLA A DITJEN DAGLU N S I N G L E I D *) INFORMASI UTAMA: NAMA PERUSAHAAN, KABUPATEN/KOTA/PROVINSI, NOMOR DAN TAHUN SK, LUAS WILAYAH, TAHAPAN KEGIATAN, KOMODITAS, TANGGAL SK, STATUS C&C, NOMOR SERTIFIKAT C&C, SINGLE ID I N F O R M A S I NPWP DATA PRODUKSI DAN PENJUALAN PNBP DATA JAMREK DAN PASCATAMBANG REKOM ET/SPE NPWP T A M B A H A N NPWP DATA PRODUKSI DAN PENJUALAN NPWP DATA PRODUKSI DAN PENJUALAN PNBP NPWP REKOM ET 1.TERMINAL KHUSUS 2.NPWP 3.REKOM ET 4.PENJUALAN REKOMENDASI ET/SPE *) IDENTITAS TUNGGAL UNTUK SUATU WILAYAH IUP (WIUP) TERDIRI DARI 16 DIGIT YANG DIGUNAKAN SEBAGAI KODE ACUAN SUATU WIUP DALAM INTEGRASI DATA LINTAS SEKTORAL ANTAR K/L 6.3 LICENSING REFORM Mining Lic e ns e and Appro val S implific atio n Mining License No Instansi Recomendation/ Certification Mandatory Optional Mandatory Optional Mandatory Optional Total of Mining License based on level of Authority License Approval MEMR Authority 12 24 13 56 MEMR Outhority + Others Ministry 9 20 Other Ministry + Local Goverment 11 1 25 TOTAL 15 23 25 23 10 101 EXISTI NG Mining License No Instansi Recomendation/ Certification Mandatory Optional Mandatory Optional Mandatory Optional Total of Mining License based on level of Authority License Approval MEMR Authority 26 MEMR Outhority + Others Ministry 9 20 Other Ministry + Local Goverment 11 1 25 TOTAL 14 17 17 71 MEMR Authority MEMR Outhority + Others Ministry PROPO SED Other Ministry + Local Goverment 6.4 OPTIMALISATION OF STATE REVENUE (1) 6.4.1 Effo rt to Inc re as e Ro yalty Increasing royalty tariff on mineral and coal: a For Contract of Work (mineral) in according to Government Regulation No Year 2012 from Copper 3,75%; Gold 1%; and Silver 1% increase become Copper 4%; Gold 3,75%; and Silver perak 3,25% b Royalty of nickel matte from 0,9% become 2% and nickel metal from 0,7% become 1,5% Royalty tarrif will be increased according to increasing of metal price c Planning to increase Coal rolaty from Mining Licence Holder based on quality of products and type of operation: − Under ground minng: calory below 5.100 k.kl/kg from 3% become 5%, quality 5.100 – 6.100 k.kal/kg from 5% become 7% dand quality above 6.100 k.kal/kg from 7% become 9% − Open pit mining: quality below 5.100 k.kl/kg from 3% become 7%, quallity 5.100 – 6.100 k.kal/kg from 5% become 9% and quality above 6.100 k.kal/kg from 7% become 13,5% Increasing mineral and coal value adde to increase price and royalty 6.4 OPTIMALISATION OF STATE REVENUE (2) 6.4.2 Go ve rnanc e Impro ve me nt Establishment of benchmark price for mineral and coal to avoid transfer of pricing Increasing cooperation with relevant institutions (Local Government, Government Auditor (BPKP), State Auditor (BPK), Ministry of Trade, Ministry of Finance) for: a Auditing fulfillment of royalty payment b Reconciliation of Production, Selling and Royalty c Data and information sharing among relevant institutions regarding export data (Ministry of Trade, Ministry of Transportaion, and Custom) Production and trading control: d To maintain competitive price of commodity; e Trading house for mineral and coal (exampel: Inatin for Tin) Payment of royalty before shipment Integraton of data and informastion (Minerba One Map of Indonesia/MOMI) Establishment of Export Port, mainly for Coal Improvement of Role of Surveyor Sanction for decreasing and delaying of royalty payment 6.5 RECOMMENDATION Revision of Law No.4/2009 regarding mineral and coal mining adopting to Law No.23/2014 regarding loclal Government: - Governor Authority; - Regent and Mayor Authority Minerba One Map Indonesia; Revision of Government regulation No.9/2012 regarding royalty; Empowering of Mining Inspector; Increasing of Capacity Building Unit For Public Services (One Stop Services for Mining License, Online system for Royalty payment ) Assignment of officer (Custom, Port Authority, Local Government, and MEMR) at designated port to ensure royalty payment before shipment (Real time monitoring for Trading Commodities) RECCOMMENDATION Empowering and certifying competency of profession nad occupation in mining Empowering and certifying mining services in mining Socializing national standard of resource and reserve assessment , according to the international one Cooperation in resources development, establisment geology and mining data in border area Enriching geology and mining, laws and regulation, investment data and information that has been developed by Asean Mineral and Coal Database Indonesia is the focal point of mineral database system Cooperation in establishing single mining cadastre and mining tenament VII CLOSING REMARKS VII CLOSING REMARKS Indonesia has mineral and coal resources and reserves that still prospective to be exploited in the future both in the upstream and the downstream industry as well Obligation to increase added value domestically and supporting regulations provide opportunity for establihsment of mineral processing and refining plant in Indonesia Indonesia still needs big investment to develop the potency on mineral and coal and encourages all private investment from ASEAN countries, especially for mineral and coal processing and refinery Thank You www.minerba.esdm.go.id [...]... OF MINING SUB SECTOR TO NATIONAL DEVELOPMENT MINING S TILL AS ECONOMIC PRIMEMOVE R S TATE REVENUE LOCAL EMPLOYMENT MINI NG SUB SECT OR INVES TMENT COMMUNITY DEVELOPMENT V INDONESIAN MINING POLICY 5.1 GOVERNMENT AUTHORITIES OF MINERAL AND COAL MINING REPUBLIC OF INDONESIA Preamble and MINERAL RIGHT POWER FROM PEOPLE GOVERNMENT PROVINCE - To provide on supporting development and and utilization of mineral. .. n •Co king c o al •Gas ific atio n •Lique fac tio n VI ON GOING ACTIONS FOR IMPROVING MINING GOVERNANCE 6.1 ON GOING ACTIONS MANDATED BY MINING LAW No 4/2009 1 Renegotiation of Mining Contract 2 Restructurisation of IUP 3 Encouraging downstream processing and refinery 4 Optimazing state revenue 5 Establishment of Mining Area 6.2 DEVELOPMENT OF MINERBA ONE MAP INDONESIA (MOMI) MINERBA ONE MAP INDONESIA. .. has been written in the Minister of Energy and Mineral Resources No 1 of 2014 on Added Value Through Mineral Processing and Refining Mineral in the country 6 Other mineral commodities, such as: tin, nickel, bauxite, gold and silver can only be sold abroad after the refining It should be born in mind that those minerals have been refined well before the Law 4 of 2009 issuance 5.8 MINISTER of EMR DECREE... decreasing and delaying of royalty payment 6.5 RECOMMENDATION 1 3 4 5 6 7 Revision of Law No.4/2009 regarding mineral and coal mining adopting to Law No.23/2014 regarding loclal Government: - Governor Authority; - Regent and Mayor Authority Minerba One Map Indonesia; Revision of Government regulation No.9/2012 regarding royalty; Empowering of Mining Inspector; Increasing of Capacity Building Unit For... 6 To implement supervision and guidance To encourage the increase of investment and revenue To encourage the development of value added products of mining commodity (eg processing, refining, local content, local expenditure, labor and CSR) To maintain environmental sustainability through environmental management and monitoring (including reclamation and post -mining) 5.7 MINERAL POLICY AFTER GOVERNMENT... Ministry of Transportaion, and Custom) 3 Production and trading control: d To maintain competitive price of commodity; e Trading house for mineral and coal (exampel: Inatin for Tin) 4 Payment of royalty before shipment 5 Integraton of data and informastion (Minerba One Map of Indonesia/ MOMI) 6 Establishment of Export Port, mainly for Coal 7 Improvement of Role of Surveyor 8 Sanction for decreasing... government either province and regency/mayor - Open system of cadastre and tenament - Transparant resource management and open mining and geology data - Fair and transparent licensing system - Put sanction to the authorities who do not comply the the law and regulation - Supervise, oversee and monitoring performance of local government in mining - Supervise, oversee and minitor mining companies - Provide... Minister Decree 5.9 MINERAL AND COAL DOWNSTREAM Be ne fic iatio n po lic y: without m ore downs tre am activitie s , Indone s ia will m is s the opportunity to incre as e e m ploym e nt and profit m argins on the value chain be caus e of the abs e nce of downs tre am proce Co ppe rs s ing indus trie s Co nc e ntrate Catho de s Ano de s Vario us Smelting (upstream) Mining Nic ke l Mining Mining Nic ke l matte... utilization of mineral resources - To manage mineral resources across regency, 4 to 12 nautical miles, and that is not implemented by the County / City - To conduct training and research on mining REGENCY/CITY ECONOMIC RIGHT • Regulating, Licensing, Supervising, controlling of Mining Activity • To manage mineral resources in regency/city ECONOMY ACTORS Related Law and regulations: Law No 32/2004; Law 4/2009,... price for mineral and coal to avoid transfer of pricing 2 Increasing cooperation with relevant institutions (Local Government, Government Auditor (BPKP), State Auditor (BPK), Ministry of Trade, Ministry of Finance) for: a Auditing fulfillment of royalty payment b Reconciliation of Production, Selling and Royalty c Data and information sharing among relevant institutions regarding export data (Ministry
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