Perubahan Atas UU No. 4 Tahun 2009 Tentang Pertambangan Mineral dan Batubara: UU No. 3 Tahun 2020, U

Download UU No. 3 Tahun 2020: A Guide to the New Mining Law in Indonesia

If you are interested in the mining sector in Indonesia, you might want to know about the new mining law that was enacted on June 10, 2020. The law, known as UU No. 3 Tahun 2020, is a revision of the previous law, UU No. 4 Tahun 2009, that regulates the mineral and coal mining activities in the country.

In this article, we will provide you with a brief overview of what UU No. 3 Tahun 2020 is, why it was enacted, what are the main changes and implications, and how to download and understand it.

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Introduction

What is UU No. 3 Tahun 2020?

UU No. 3 Tahun 2020 is an acronym for Undang-Undang Nomor 3 Tahun 2020, which means Law Number 3 of 2020 in Indonesian. It is also referred to as the new mining law or the revised mining law.

The law is a revision of the previous law, UU No. 4 Tahun 2009, which means Law Number 4 of 2009. The previous law was enacted on January 12, 2009, and regulated the mineral and coal mining activities in Indonesia.

The new law aims to improve the legal framework and governance of the mining sector, as well as to increase the value-added and competitiveness of the mineral and coal resources in Indonesia.

Why was it enacted?

The new law was enacted for several reasons, such as:

• To address the development, problems, and legal needs in the mining sector that were not adequately answered by the previous law.

• To clarify and harmonize the authority and responsibility of the central and regional governments in managing the mineral and coal resources.

• To simplify and streamline the licensing process for mining businesses, including for small-scale miners and certain types of rocks or purposes.

• To strengthen the role of state-owned enterprises (BUMN) and regional-owned enterprises (BUMD) in conducting mining activities.

• To enhance the environmental management and protection in mining activities, including reclamation and post-mining activities.

• To increase the value-added and downstream activities of mineral and coal resources, as well as to promote domestic processing and utilization.

• To ensure the continuity of operation for existing contract holders or agreement holders.

What are the main changes and implications?

The new law introduces several changes and implications for the mining sector in Indonesia, such as:

• The concept of Mining Legal Area (Wilayah Hukum Pertambangan), which is a unified area for conducting exploration and exploitation activities based on a single license.

• The centralization of authority for granting mining licenses to the Minister of Energy and Mineral Resources (ESDM), except for certain types of rocks or purposes that can be granted by regional governments.

• The assignment of research institutions, BUMN, BUMD, or business entities to conduct exploration and research activities for preparing Mining Business License Areas (WIUP).

• The extension of validity period for mining licenses from a maximum of 20 years to a maximum of 40 years, with possible extensions based on economic feasibility.

• The obligation for mining license holders to divest at least 51% of their shares to Indonesian parties within 10 years of operation or within 5 years after the commencement of production, whichever is later.

• The requirement for mining license holders to conduct downstream activities, such as processing, refining, smelting, or purifying, either by themselves or through cooperation with other parties.

• The preference for domestic use of mineral and coal resources, especially for strategic minerals and coal for electricity generation.

• The establishment of a special mining business entity (BUPT) that can conduct mining activities in certain areas that are not covered by WIUP.

• The regulation of the transition and conversion of existing contracts or agreements into mining licenses, as well as the settlement of disputes and legal issues arising from the previous law.

How to download UU No. 3 Tahun 2020

If you want to download UU No. 3 Tahun 2020, you can use the following sources:

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Official sources

The official sources are the websites of the government institutions that are responsible for issuing and publishing the law. These sources are reliable and authentic, but they may not be user-friendly or accessible for some users.

JDIH BPK RI

JDIH BPK RI stands for Jaringan Dokumentasi dan Informasi Hukum Badan Pemeriksa Keuangan Republik Indonesia, which means the Legal Documentation and Information Network of the Audit Board of the Republic of Indonesia. It is a website that provides various legal documents and information related to the audit and financial management in Indonesia.

You can download UU No. 3 Tahun 2020 from this website by following these steps:

• Go to

• Click on the menu "Peraturan Perundang-undangan" (Legislation)

• Select "Undang-Undang" (Law) from the drop-down list

• Type "3" in the field "Nomor" (Number) and "2020" in the field "Tahun" (Year)

• Click on the button "Cari" (Search)

• Click on the link "Undang-Undang Nomor 3 Tahun 2020 tentang Perubahan Atas Undang-Undang Nomor 4 Tahun 2009 tentang Pertambangan Mineral dan Batubara" (Law Number 3 of 2020 on Amendment to Law Number 4 of 2009 on Mineral and Coal Mining)

• Click on the icon "PDF" to download the file

ESDM

ESDM stands for Energi dan Sumber Daya Mineral, which means Energy and Mineral Resources. It is the name of the ministry that oversees the energy and mineral resources sector in Indonesia.

You can download UU No. 3 Tahun 2020 from this website by following these steps:

• Go to

• Click on the menu "Peraturan" (Regulation)

• Select "Undang-Undang" (Law) from the drop-down list

• Type "3" in the field "Nomor Peraturan" (Regulation Number) and "2020" in the field "Tahun Peraturan" (Regulation Year)

• Click on the button "Cari" (Search)

• Click on the link "UU No. 3 Tahun 2020 Tentang Perubahan Atas UU No. 4 Tahun 2009 Tentang Pertambangan Mineral Dan Batubara" (Law Number 3 of 2020 on Amendment to Law Number 4 of 2009 on Mineral and Coal Mining)

• Click on the icon "PDF" to download the file

Alternative sources

The alternative sources are the websites of other organizations or entities that provide the law for public access. These sources may not be official or authoritative, but they may be more convenient or user-friendly for some users.

Wikisource

Wikisource is a website that hosts free and open-source texts, including legal documents. It is a project of the Wikimedia Foundation, which also runs Wikipedia and other online platforms.

You can download UU No. 3 Tahun 2020 from this website by following these steps:

• Go to

• Type "UU No. 3 Tahun 2020" in the search box and press enter

• Click on the link "Undang-Undang Republik Indonesia Nomor 3 Tahun 2020" (Law of the Republic of Indonesia Number 3 of 2020)

• Click on the icon "Unduh versi PDF" (Download PDF version) to download the file

Deloitte Indonesia

Deloitte Indonesia is a website that provides professional services and consulting for various industries and sectors, including energy and resources. It is part of Deloitte, a global network of firms that offer audit, tax, consulting, financial advisory, risk advisory, and related services.

You can download UU No. 3 Tahun 2020 from this website by following these steps:

• Go to

• Click on the menu "Industries" and select "Energy and Resources"

• Click on the link "Mining Services"

• Scroll down to the section "Insights" and click on the link "Indonesia's New Mining Law Puts Profit Ahead of People and Planet"

• Click on the button "Download PDF" to download the file

How to understand UU No. 3 Tahun 2020

If you want to understand UU No. 3 Tahun 2020, you can use the following tips:

Summary of the law

A summary of the law is a concise and simplified version of the law that highlights the main points and features. It can help you to get a general idea of what the law is about and what are the key changes and implications.

You can find a summary of UU No. 3 Tahun 2020 from various sources, such as:

• The official website of ESDM, which provides a summary in Indonesian and English.

• The official website of JDIH BPK RI, which provides a summary in Indonesian.

• The website of Deloitte Indonesia, which provides a summary in English.

• The website of Lexology, which provides a summary in English.

Impact of the law

The impact of the law is the effect or consequence of the law on the mining sector and other related aspects, such as the economy, society, environment, etc. It can help you to understand how the law will affect or influence various stakeholders and interests.

You can find an analysis or evaluation of the impact of UU No. 3 Tahun 2020 from various sources, such as:

• The website of The Jakarta Post, which provides an article on the impact of the law on small-scale miners.

• The website of The Conversation, which provides an article on the impact of the law on environmental protection.

• The website of The Diplomat, which provides an article on the impact of the law on foreign investment.

• The website of The ASEAN Post, which provides an article on the impact of the law on regional cooperation.

Conclusion and FAQs

In conclusion, UU No. 3 Tahun 2020 is a new mining law that revises the previous law, UU No. 4 Tahun 2009, and introduces several changes and implications for the mining sector in Indonesia. The law aims to improve the legal framework and governance of the sector, as well as to increase the value-added and competitiveness of the mineral and coal resources in the country.

If you want to download and understand the law, you can use various sources, such as the official websites of the government institutions, the alternative websites of other organizations or entities, or the summaries and analyses of the law from various media outlets.

Here are some frequently asked questions (FAQs) about UU No. 3 Tahun 2020:

• What is the difference between UU No. 3 Tahun 2020 and UU No. 4 Tahun 2009?

The main difference is that UU No. 3 Tahun 2020 is a revision of UU No. 4 Tahun 2009, which means that it modifies, adds, or deletes some provisions of the previous law. The revision covers various aspects of the mining sector, such as the authority and responsibility of the government, the licensing process, the role of state-owned and regional-owned enterprises, the environmental management and protection, the downstream activities, the domestic use, and the transition and conversion of existing contracts or agreements.

• What are the benefits of UU No. 3 Tahun 2020?

The benefits of UU No. 3 Tahun 2020 are that it can:

• Provide a clearer and more consistent legal framework and governance for the mining sector.

• Simplify and streamline the licensing process for mining businesses.

• Strengthen the role of state-owned and regional-owned enterprises in conducting mining activities.

• Enhance the environmental management and protection in mining activities.

• Increase the value-added and downstream activities of mineral and coal resources.

• Ensure the continuity of operation for existing contract holders or agreement holders.

• What are the criticisms of UU No. 3 Tahun 2020?

The criticisms of UU No. 3 Tahun 2020 are that it can:

• Reduce the autonomy and participation of regional governments and local communities in managing the mineral and coal resources.

• Create a monopoly or oligopoly of state-owned or large-scale enterprises in the mining sector.

• Compromise the environmental sustainability and social responsibility in mining activities.

• Disregard the human rights and welfare of small-scale miners and affected communities.

• Undermine the foreign investment and competitiveness in the mining sector.

• How can I access UU No. 3 Tahun 2020 in English?

You can access UU No. 3 Tahun 2020 in English by using some sources that provide a translation or a summary of the law in English, such as:

• The official website of ESDM, which provides a summary in English.

• The website of Deloitte Indonesia, which provides a summary in English.

• The website of Lexology, which provides a summary in English.

• How can I learn more about UU No. 3 Tahun 2020?

You can learn more about UU No. 3 Tahun 2020 by using some sources that provide an analysis or an evaluation of the law, such as:

• The website of The Jakarta Post, which provides an article on the impact of the law on small-scale miners.

• The website of The Conversation, which provides an article on the impact of the law on environmental protection.

• The website of The Diplomat, which provides an article on the impact of the law on foreign investment.

• The website of The ASEAN Post, which provides an article on the impact of the law on regional cooperation.

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