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Law of the Republic of Indonesia Number 4 of Year

Law of the Republic of Indonesia Number 4 of Year

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Published by: eddygonz on Aug 03, 2009
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10/19/2011

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LAW OF THE REPUBLIC OF INDONESIA NUMBER 4 OF YEAR 2009CONCERNINGMINERAL AND COAL MININGTHE PRESIDENT OF THE REPUBLIC OF INDONESIA WITH THE BLESSING OF GOD THE ALMIGHTY
Considering: a. that mineral and coal contained in the jurisdiction of mining ofIndonesia constitutes non-renewable natural resources asbestowed by God the Almighty which plays an important role insatisfying life necessities of many people, therefore managementthereof must be controlled by the State to give real added valuefor national economy in the efforts to reach a just welfare andprosperity of the people.b.that the business activities of mineral and coal mining are miningbusiness activities other than geothermal, petroleum and naturalgas and ground water play a significant role in providing realadded value to national economy growth and regionaldevelopment in a sustainable manner;c.that by considering national and international progress, LawNumber 11 of Year 1967 concerning Main Provisions in Mining isnot suitable any longer thus an amendment to laws in mineraland coal mining is required which is able to manage and exploitmineral and coal potential independently, reliably, transparently,competitively, efficiently, and environmentally aware, toguarantee a sustainable national development.
 
d.that pursuant to considerations as referred to in item 1, item b,and item c, a Law concerning Mineral and Coal Mining needs tobe created;
In view of:
Article 5 clause (1), Article 20 and Article 33 clause (2) and clause (3) of theConstitution of the Republic of Indonesia of Year 1945;
 With Joint Approval ofTHE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIAandTHE PRESIDENT OF THE REPUBLIC OF INDONESIAHEREBY RESOLVESTo enact: LAW CONCERNING MINERAL AND COAL MININGCHAPTER IGENERAL TERMSArticle 1
As defined herein:1. Mining shall be part or all phases of activity in the context of research, management,and exploitation of mineral or coal covering general survey, exploration, feasibilitystudy, construction, mining, processing and refining, transportation and sales, andpost-mining activities.(2)Mineral shall be inorganic compound formed in nature, which has specific physicaland chemical properties and arranged crystal structure or combination thereofforming rock, in loose or combined form.(3)Coal is a sediment of carbon organic compound formed naturally from remains ofplants.
 
(4)Mineral Mining shall be mining of a collection of minerals in form of ore or rock,other than geothermal, petroleum and natural gas, and ground water.(5)Coal Mining shall be mining of carbon sediment located in the earth, including solidbitumen, turf, and asphalt rock.(6)Mining business shall the activities in the context of research, management, andexploitation of mineral or coal covering general survey, exploration, feasibilitystudy, construction, mining, processing and refining, transportation and sales, andpost-mining activities.
(7)
Mining Business Permit, hereinafter the Mining Business Permit (
Izin UsahaPertambangan/IUP
) shall be the permit to run mining business.
(8)
Exploration Mining Business Permit (
IUP Eksplorasi
) shall be a business permitgranted to execute the activity of genera survey, exploration, and feasibility study.
(9)
Production Operation Mining Business Permit (
IUP Operasi Produksi
) shall be abusiness permit granted after completion of Exploration Mining Business Permit(
IUP Eksplorasi
) to execute the phase of production operation activities. *
(10)
People's Mining Permit, hereinafter People's Mining Business Permit (
IzinPertambangan Rakyat/IPR
), shall be the permit to conduct mining business withinpeople's mining area under limited area and investment size.
(11)
Special Mining Business Permit, hereinafter Special Mining Business Permit (
IzinUsaha Pertambangan Khusus/IUPK 
) shall be the permit to run mining business in thespecial mining business permit area.
(12)
Exploration Special Mining Business Permit (
IUPK Eksplorasi
) shall be a businesspermit granted to execute the phase of activity of general survey, exploration, and

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