The continuing evolution of Indonesia's mining law - exploring a discussion draft

Attracting or retaining Foreign Direct Investment in minerals exploration and mining has not been a priority for Indonesia for over 15 years. The country's far-reaching Regional Autonomy Law in 2001 devolved permitting to municipalities, a level of government without authority to contract directly with foreigners. This anomaly was meant to be resolved by the 2009 Mining Law. However FDI was subsequently discouraged by onerous new regulations, including a process to unilaterally abolish Contracts of Work established as vehicles for foreign investment. Despite a high turnover of ministers responsible for the mining sector in its first two years, the national government of President Joko Widowo has made efforts to consult more thoroughly with the industry on the next Mining Law. Muhammad Karnova, Reggy Firmansyah, Luke Devine and Norman Bissett of Hadiputranto, Hadinoto & Partners, a member of Baker & McKenzie International, provide the following observations on some of the i…

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