TINJAUAN YURIDIS KEWAJIBAN DISVESTASI BAGI PERUSAHAAN ASING DALAM PENGELOLAAN PERTAMBANGAN DI INDONESIA

Abstract

<p>The mining divestment policy has 3 main key components. First, how much is the<br />divestment amount. Second, who can buy divested shares. Third, how much is the sale<br />price of the divested shares. The first element, the divestment requires that every<br />foreign-owned mining company divest a portion of the increased shares to the<br />government, BUMN or national private sector. (Government Regulation Number 1<br />of 2017, concerning Amendments to Government Regulation Number 23 of 2010,<br />concerning the Implementation of Mineral and Coal Mining Business Activities).<br />The second element, regarding the divestment rules, determines who can buy<br />(Permen ESDM No. 9 of 2017, concerning Procedures for Stock Divestment and<br />Mechanism for Determining the Price of Divestment Shares in Minerba Mining<br />Business Activities).While the third element is the rule that determines the stock price<br />when it is sold, the share price offered to the Government is determined through<br />negotiation. (Government Regulation No. 23 of 2010, concerning the<br />Implementation of Mineral and Coal Mining Business Activities).Industrial<br />developments in the country are still difficult to do, including mining. According to<br />Archandra Tahar, Deputy Minister of Energy and Mineral Resources (ESDM) there<br />are at least three factors inhibiting the development of the mining sector in Indonesia.<br />These three factors are the problem of banking, technology and political interest<br />rates.</p>