The Minister of Energy and Mineral Resources (MEMR) has recently issued the MEMR Decree No. 15.K/HK.02/MEM.B/2022 concerning Procedures for Processing the Issuance and Registration of Mining Business Permits (Kepmen ESDM 15/2022), which generally provide the provisions on processing and registering Mining Business Permits (IUP) in accordance with the court decisions or final report from public services supervisory board. In addition, Kepmen ESDM 15/2022 also provides the certainty for cancellation and/or suspension to IUP’s status, including the legal certainty for IUP that has received a bankruptcy decision.
Kepmen ESDM 15/2022 also stipulates the (i) settlement in the event of 2 State Administrative Court Decisions with permanent legal force in the issuance of IUP, (ii) settlement of overlapping IUP Areas over the issuance of IUP, and (iii) cancelation or suspension of registered IUP.
IUP processing is carried out by the Director General of Minerals and Coal in coordination with the provincial government on behalf of the MEMR. The issuance of Kepmen ESDM 15/2022 revokes the previous relevant regulation under Director General of Minerals and Coal Decree No. 183.K/30/DJB/2020 concerning the Procedures for Registration of Mining Business Permits or Special Mining Business Permits Pursuant to the Decisions of Courts or Related Agencies.
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